85R23541 TJB-D

By: Workman, et al. H.J.R. No. 44

Substitute the following for H.J.R. No. 44:

By: Darby C.S.H.J.R. No. 44

A JOINT RESOLUTION

applying to the Congress of the United States to call a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution to provide for a federal balanced budget.

WHEREAS, The drafters of the United States Constitution empowered state legislatures to be guardians of liberty against abuses of power by the federal government; and

WHEREAS, The federal government has abused its power by creating a crushing national debt through improper and imprudent spending; and

WHEREAS, The federal government has ceased to abide by a proper interpretation of the United States Constitution; and

WHEREAS, In 1977 the 65th Texas Legislature submitted to the federal government H.C.R. No. 31 requesting Congress to prepare and submit to the several states an amendment to the United States Constitution providing for a federal balanced budget, or alternatively requesting Congress to call a constitutional convention for the purpose of proposing such an amendment; and

WHEREAS, Congress has not acted to amend the United States Constitution to provide for a federal balanced budget or to otherwise impose fiscal restraints on the federal government; and

WHEREAS, It is the solemn duty of state legislatures to protect the liberty of the people and of future generations by proposing amendments to the United States Constitution that place clear restraints on federal power; and

WHEREAS, Article V of the United States Constitution authorizes the several state legislatures to restrict the power of the federal government through the amendment process; and

WHEREAS, Article V of the United States Constitution provides that on application of the legislatures of two-thirds of the several states Congress shall call a convention for the purpose of proposing amendments to the constitution; now, therefore, be it

RESOLVED, That the 85th Texas Legislature hereby applies to Congress to call a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution requiring, in the absence of a national emergency, that the total of all federal appropriations made by Congress for any fiscal year may not exceed the total of all estimated federal revenue for that fiscal year; and, be it further

RESOLVED, That, unless rescinded by a succeeding legislature, this application by the 85th Texas Legislature constitutes a continuing application in accordance with Article V of the United States Constitution until at least two-thirds of the legislatures of the several states have applied to Congress to call a convention for the limited purpose of proposing an amendment to the constitution to provide for a federal balanced budget; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the House of Representatives and the president of the Senate of the Congress of the United States, and to all members of the Texas delegation to Congress with the request that this resolution be officially entered in the Congressional Record as an application to Congress for a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution to provide for a federal balanced budget; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the secretaries of state and to the presiding officers of the legislatures of the several states with the request that they join this state in applying to Congress for a convention under Article V of the United States Constitution for the limited purpose of proposing an amendment to the constitution to provide for a federal balanced budget.