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.