By: Elkins H.J.R. No. 101

A JOINT RESOLUTION

rescinding the application of the 26th Texas Legislature made in the year 1899 to the United States Congress to call an unrestricted national convention, pursuant to Article V of the United States Constitution, for proposing undisclosed amendments to that Constitution.

WHEREAS, In adopting Senate Concurrent Resolution No. 4, the 26th Texas Legislature, in the year 1899, applied to the United States Congress to call a convention, under the terms of Article V of the United States Constitution, "...for proposing amendments to said Constitution..." that would be subject to potential ratification; and

WHEREAS, That particular application--unlike subsequent and more detailed applications from Texas lawmakers--did not prescribe any boundaries on the subject matter of amendments to be discussed or ultimately offered for ratification by such a nationwide convention; and

WHEREAS, While indeed no Article V convention has yet taken place thus far in American history, nevertheless, there is a very real possibility that one, or more than one, could be triggered at some point in the future--the precise results of which cannot be predicted or known in advance; and

WHEREAS, At the present time, the Texas Legislature has absolutely no desire or intention whatsoever for Congress to call an Article V convention of a general, vague, and unlimited nature; and

WHEREAS, Senate Concurrent Resolution No. 4 remains just as alive and valid today as it was when it was approved by Texas legislators 114 years ago; now, therefore, be it

RESOLVED, That the 83rd Legislature of the State of Texas, Regular Session, 2013, hereby officially rescinds, repeals, revokes, and nullifies Senate Concurrent Resolution No. 4, Acts of the 26th Legislature, Regular Session, 1899, calling for an open-ended, unclear, and indeterminate Article V convention to propose for ratification unspecified federal constitutional amendments, which application was duly received by Congress, and reprinted word for word in the Congressional Record of December 11, 1899, at page 219, and which application was referred to the Committee on the Judiciary in the United States House of Representatives the very next day (Congressional Record at page 280); and be it further

RESOLVED, That, in a manner which would furnish confirmation of delivery and tracking while en route, the Texas Secretary of State shall transmit properly-certified copies of this joint resolution--together with copies of Senate Concurrent Resolution No. 4--pursuant to the Standing Rules of the United States Senate (namely, Rule VII, paragraphs 4, 5, and 6) to the Vice-President of the United States (in his capacity as presiding officer of the United States Senate and addressed to him at the office which he maintains inside the United States Capitol Building); to the Secretary and Parliamentarian of the United States Senate; and to both United States Senators representing Texas; accompanied by a cover letter to each addressee drawing attention to the fact that it is the 83rd Texas Legislature's courteous, yet firm, request that the full and complete verbatim text of this joint resolution--as well as the full and complete verbatim text of Senate Concurrent Resolution No. 4--be duly published in the United States Senate's portion of the Congressional Record, as an official memorial to the United States Senate, and that this joint resolution--with Senate Concurrent Resolution No. 4 appended thereto--be referred to whichever committee(s) of the United States Senate that would have appropriate jurisdiction in this matter, and be it further

RESOLVED, That, in a manner which would furnish confirmation of delivery and tracking while en route, the Texas Secretary of State shall likewise transmit properly-certified copies of this joint resolution--together with copies of Senate Concurrent Resolution No. 4--pursuant to the Rules of the United States House of Representatives (namely, Rule XII, clauses 3 and 7) to the Speaker, Clerk, and Parliamentarian of the United States House of Representatives; and to all members of the United States House of Representatives who represent districts in Texas; likewise accompanied by a cover letter to each addressee drawing attention to the fact that it is the 83rd Texas Legislature's courteous, yet firm, request that the substance of this joint resolution--as well as that of Senate Concurrent Resolution No. 4--be accurately summarized in the United States House of Representatives' portion of the Congressional Record, as an official memorial to the United States House of Representatives, and that this joint resolution--with Senate Concurrent Resolution No. 4 appended thereto--be referred to whichever committee(s) of the United States House of Representatives that would have appropriate jurisdiction in this matter.