84R6357 TJB-D

By: King of Parker H.B. No. 1110

A BILL TO BE ENTITLED

AN ACT

relating to the qualifications, duties, and limitations of Texas delegates to a constitutional convention called under Article V of the United States Constitution.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle Z, Title 3, Government Code, is amended by adding Chapter 393 to read as follows:

CHAPTER 393. DELEGATES TO FEDERAL ARTICLE V CONVENTIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 393.001. DEFINITIONS. In this chapter:

(1) "Alternate delegate" means an individual appointed under Section 393.052 to represent this state as an alternate delegate at an Article V convention.

(2) "Article V convention" means a constitutional convention called by the United States Congress under Article V of the United States Constitution.

(3) "Delegate" means:

(A) an individual appointed under Section 393.052 to represent this state as a delegate at an Article V convention; or

(B) an alternate delegate who fills a vacancy in the office of the alternate delegate's paired delegate.

(4) "Unauthorized vote" means a vote cast by a delegate or alternate delegate at an Article V convention that:

(A) is contrary to the instructions adopted under Section 393.101 in effect at the time the vote is taken; or

(B) exceeds the scope or subject matter of the Article V convention as authorized by the legislature in the application to the United States Congress to call the convention.

Sec. 393.002. RULES AND PROCEDURES. (a) The legislature by concurrent resolution shall provide the rules and procedures necessary to implement this chapter.

(b) A legislative action relating to the appointment or recall of delegates or alternate delegates, the adoption or modification of instructions, or the determination of an unauthorized vote may be accomplished through a joint resolution adopted by each house.

SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES

Sec. 393.051. QUALIFICATIONS. To be eligible to serve as a delegate or alternate delegate an individual must:

(1) be a qualified voter as defined by Section 11.002, Election Code;

(2) not be required to register as a lobbyist under Chapter 305; and

(3) not hold an elected federal office.

Sec. 393.052. APPOINTMENT. (a) As soon as possible following the calling of an Article V convention, the legislature shall appoint:

(1) the number of delegates allocated to represent the state at the Article V convention and an equal number of alternate delegates; or

(2) two delegates and two alternate delegates if no allocation is made.

(b) The legislature shall pair each alternate delegate with a delegate at the time each appointment is made.

Sec. 393.053. VACANCY. (a) An alternate delegate automatically fills a vacancy in the office of the alternate delegate's paired delegate.

(b) The legislature shall fill a vacancy in the office of an alternate delegate in the manner provided by Section 393.052.

Sec. 393.054. RECALL. (a) The legislature may recall a delegate or alternate delegate.

(b) The legislature shall fill a vacancy created by the recall of a delegate or alternate delegate in the manner provided by Section 393.053.

Sec. 393.055. COMPENSATION; REIMBURSEMENT OF EXPENSES. (a) A delegate or alternate delegate is not entitled to compensation for service as a delegate or alternate delegate.

(b) A delegate or alternate delegate is entitled to reimbursement for necessary expenses incurred in performance of official duties, subject to any applicable limitation on reimbursement provided by general law or the General Appropriations Act.

Sec. 393.056. OATH. (a) An individual appointed as a delegate or alternate delegate must take the following oath before voting or taking an action as a delegate or alternate delegate of this state: "I do solemnly swear (or affirm) that to the best of my abilities, I will, as a delegate or alternate delegate to the Article V Convention, act according to the limits of the authority granted to me as a delegate or alternate delegate by Texas law, will not consider or vote to approve an amendment to the United States Constitution not authorized by the Texas Legislature in its application to the United States Congress to call this convention, and will faithfully abide by and execute any instructions to delegates or alternate delegates adopted by the Texas Legislature."

(b) Each delegate and alternate delegate must file the executed oath with the secretary of state.

SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES

Sec. 393.101. INSTRUCTIONS TO DELEGATES AND ALTERNATE DELEGATES. (a) At the time delegates and alternate delegates are appointed, the legislature shall adopt instructions to the delegates and alternate delegates to govern the actions of those officers at the Article V convention.

(b) The legislature may not adopt instructions that authorize a delegate or alternate delegate to consider or vote to approve an amendment to the United States Constitution that is not authorized by the legislature in its application to the United States Congress to call the Article V convention.

(c) The legislature may amend the instructions at any time.

Sec. 393.102. DUTY OF ALTERNATE DELEGATE. An alternate delegate shall act in the place of the alternate delegate's paired delegate when the delegate is absent from the convention.

Sec. 393.103. UNAUTHORIZED VOTE. (a) A delegate or alternate delegate may not cast an unauthorized vote.

(b) The determination that a vote is an unauthorized vote may only be made by the legislature.

(c) A vote determined to be an unauthorized vote is invalid.

(d) A delegate or alternate delegate who casts a vote determined to be an unauthorized vote is disqualified to continue to serve as a delegate or alternate delegate. The legislature shall fill a vacancy created by a disqualification under this subsection in the manner provided by Section 393.053.

(e) The legislature shall promptly notify the head of the state delegation and the presiding officer of the Article V convention if the legislature determines that a delegate or alternate delegate has cast an unauthorized vote.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.