RESOLUTION ANALYSIS

H.J.R. 77

By: Miller, Rick

State & Federal Power & Responsibility, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that our country's founding fathers anticipated that the federal government might one day overreach its constitutionally established boundaries and provided an important check on this overreach in Article V of the United States Constitution, which requires the United States Congress to call a convention for proposing amendments to the constitution on application of the legislatures of two-thirds of the states. H.J.R. 77 seeks to address the overreach of the federal government by applying for a convention on certain issues relating to federal fiscal restraint, federal powers and jurisdiction, and term limits.   

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this resolution does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.J.R. 77 applies to the United States Congress to call a convention under Article V of the United States Constitution for the limited purpose of proposing one or more amendments to the United States Constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress. The resolution, unless rescinded by a succeeding legislature, makes this application a continuing application in accordance with Article V of the United States Constitution until at least two‑thirds of the state legislatures have applied to Congress to call such a convention. The resolution directs the Texas secretary of state to forward official copies of the resolution to the president of the United States, to the speaker of the House of Representatives and the president of the Senate of the United States Congress, and to each member of the Texas congressional delegation with the request that the resolution be entered in the Congressional Record as an application to Congress to call such a convention and to forward official copies to the secretaries of state and to the presiding officers of the state legislatures with the request that they join the State of Texas in applying to Congress to call such a convention.

EFFECTIVE DATE

On adoption.