By:  Nelson                                           S.C.R. No. 46
                             SENATE CONCURRENT RESOLUTION
    1-1        WHEREAS, Since the Bill of Rights was adopted in 1791, the
    1-2  Tenth Amendment to the United States Constitution has reserved all
    1-3  nonprohibited and nondelegated powers to the states or to the
    1-4  people; and
    1-5        WHEREAS, Over the many years, the federal government has
    1-6  dramatically expanded the scope of its powers and preempted state
    1-7  government authority and has increasingly treated states as
    1-8  administrative subdivisions or as special interest groups rather
    1-9  than coequal partners; and
   1-10        WHEREAS, The number of federal unfunded mandates has grown
   1-11  exponentially during the last 30 years and has profoundly affected
   1-12  state budgets; at least 42 major federal statutes have been enacted
   1-13  since 1990 which have imposed burdensome and expensive regulations
   1-14  and requirements on state and local governments; and
   1-15        WHEREAS, Persistent, state-led endeavors have consistently
   1-16  failed to generate any substantial reaction or remedy from the
   1-17  federal government while the United States Supreme Court has
   1-18  repeatedly determined that the states must look to the Congress and
   1-19  related political remedies for protection against federal
   1-20  encroachments on the reserved powers of the states; and
   1-21        WHEREAS, A Conference of the States will communicate broad
   1-22  bipartisan public concern about the extent to which the American
   1-23  political system has been distorted and will provide a formal forum
    2-1  for state governments to collectively propose constructive remedies
    2-2  for a more balanced state-federal governance partnership for the
    2-3  21st century; now, therefore, be it
    2-4        RESOLVED, That the 74th Legislature of the State of Texas
    2-5  hereby adopt a RESOLUTION OF PARTICIPATION IN THE CONFERENCE OF THE
    2-6  STATES, which shall consist of the following:  The appointment of a
    2-7  delegation not to exceed seven voting persons from the State of
    2-8  Texas to represent the state at a Conference of the States; the
    2-9  delegation shall not exceed seven voting persons as follows:  the
   2-10  governor or, if the governor does not wish to be a member of the
   2-11  delegation, a constitutional officer selected by the governor; a
   2-12  number of legislators not to exceed six, three from each house, of
   2-13  which at least one from each house shall be from each major
   2-14  political party, selected by the presiding officer of that house;
   2-15  each presiding officer may designate two alternate legislator
   2-16  delegates, one from each party, who have voting privileges in the
   2-17  absence of the primary delegates; and, be it further
   2-18        RESOLVED, That the delegates of The Conference of the States
   2-19  will propose, debate, and vote on elements of an action plan to
   2-20  restore checks and balances between states and the national
   2-21  government, and that measures agreed on will be formalized in an
   2-22  instrument called a States' Petition and returned to the
   2-23  delegation's state for consideration by the entire legislature;
   2-24  and, be it further
   2-25        RESOLVED, That The Conference of the States shall be convened
    3-1  under the Section 501(c)3 auspices of the Council of State
    3-2  Governments in cooperation with the National Governors' Association
    3-3  and the National Conference of State Legislatures no later than 270
    3-4  days after at least 26 legislatures adopt a Resolution of
    3-5  Participation; and, be it further
    3-6        RESOLVED, That, prior to the official convening of The
    3-7  Conference of the States, the steering committee will draft the
    3-8  governance structure and procedural rules for the conference; the
    3-9  process for receiving rebalancing proposals; and the financial and
   3-10  administrative function of the conference, including the Council of
   3-11  State Governments as fiscal agent; and, be it further
   3-12        RESOLVED, That the bylaws shall conform to the provisions of
   3-13  this Resolution, specify that each state delegation shall have one
   3-14  vote at the conference, and specify that the conference agenda be
   3-15  limited to fundamental, structural, long-term reforms; and, be it
   3-16  further
   3-17        RESOLVED, That, on the official convening of The Conference
   3-18  of the States, the state delegations will vote on and approve the
   3-19  conference governing structure, operating rules, and bylaws.