1-1 By: Nelson S.C.R. No. 46
1-2 (In the Senate - Filed February 7, 1995; February 8, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 1995, reported favorably by the following vote: Yeas
1-5 10, Nays 0; February 14, 1995, sent to printer.)
1-6 SENATE CONCURRENT RESOLUTION
1-7 WHEREAS, Since the Bill of Rights was adopted in 1791, the
1-8 Tenth Amendment to the United States Constitution has reserved all
1-9 nonprohibited and nondelegated powers to the states or to the
1-10 people; and
1-11 WHEREAS, Over the many years, the federal government has
1-12 dramatically expanded the scope of its powers and preempted state
1-13 government authority and has increasingly treated states as
1-14 administrative subdivisions or as special interest groups rather
1-15 than coequal partners; and
1-16 WHEREAS, The number of federal unfunded mandates has grown
1-17 exponentially during the last 30 years and has profoundly affected
1-18 state budgets; at least 42 major federal statutes have been enacted
1-19 since 1990 which have imposed burdensome and expensive regulations
1-20 and requirements on state and local governments; and
1-21 WHEREAS, Persistent, state-led endeavors have consistently
1-22 failed to generate any substantial reaction or remedy from the
1-23 federal government while the United States Supreme Court has
1-24 repeatedly determined that the states must look to the Congress and
1-25 related political remedies for protection against federal
1-26 encroachments on the reserved powers of the states; and
1-27 WHEREAS, A Conference of the States will communicate broad
1-28 bipartisan public concern about the extent to which the American
1-29 political system has been distorted and will provide a formal forum
1-30 for state governments to collectively propose constructive remedies
1-31 for a more balanced state-federal governance partnership for the
1-32 21st century; now, therefore, be it
1-33 RESOLVED, That the 74th Legislature of the State of Texas
1-34 hereby adopt a RESOLUTION OF PARTICIPATION IN THE CONFERENCE OF THE
1-35 STATES, which shall consist of the following: The appointment of a
1-36 delegation not to exceed seven voting persons from the State of
1-37 Texas to represent the state at a Conference of the States; the
1-38 delegation shall not exceed seven voting persons as follows: the
1-39 governor or, if the governor does not wish to be a member of the
1-40 delegation, a constitutional officer selected by the governor; a
1-41 number of legislators not to exceed six, three from each house, of
1-42 which at least one from each house shall be from each major
1-43 political party, selected by the presiding officer of that house;
1-44 each presiding officer may designate two alternate legislator
1-45 delegates, one from each party, who have voting privileges in the
1-46 absence of the primary delegates; and, be it further
1-47 RESOLVED, That the delegates of The Conference of the States
1-48 will propose, debate, and vote on elements of an action plan to
1-49 restore checks and balances between states and the national
1-50 government, and that measures agreed on will be formalized in an
1-51 instrument called a States' Petition and returned to the
1-52 delegation's state for consideration by the entire legislature;
1-53 and, be it further
1-54 RESOLVED, That The Conference of the States shall be convened
1-55 under the Section 501(c)3 auspices of the Council of State
1-56 Governments in cooperation with the National Governors' Association
1-57 and the National Conference of State Legislatures no later than 270
1-58 days after at least 26 legislatures adopt a Resolution of
1-59 Participation; and, be it further
1-60 RESOLVED, That, prior to the official convening of The
1-61 Conference of the States, the steering committee will draft the
1-62 governance structure and procedural rules for the conference; the
1-63 process for receiving rebalancing proposals; and the financial and
1-64 administrative function of the conference, including the Council of
1-65 State Governments as fiscal agent; and, be it further
1-66 RESOLVED, That the bylaws shall conform to the provisions of
1-67 this Resolution, specify that each state delegation shall have one
1-68 vote at the conference, and specify that the conference agenda be
2-1 limited to fundamental, structural, long-term reforms; and, be it
2-2 further
2-3 RESOLVED, That, on the official convening of The Conference
2-4 of the States, the state delegations will vote on and approve the
2-5 conference governing structure, operating rules, and bylaws.
2-6 * * * * *