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                               * * * * *