RESOLUTION ANALYSIS

S.J.R. 52

By: Birdwell

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Article V of the U.S. Constitution grants states the power to call a Convention of the States to propose constitutional amendments. Two-thirds of the states must call for the convention before it convenes, and any proposed amendment is adopted only upon the ratification of the proposed amendment by three-fourths of the state legislatures.

According to Convention of States Action, 19 states, including Texas, have called for a Convention of the States. For years, the Texas Legislature has approved resolutions officially applying to the U.S. Congress to call an Article V convention to offer various amendments to the U.S. Constitution. For example, the 85th Texas Legislature passed S.J.R. 2, which formally called for an Article V convention. In the same session, and in conjunction with S.J.R. 2, the Texas Legislature passed S.J.R. 38, which officially rescinded any application for an Article V convention made prior to the 85th Legislature and established a sunset of eight years on any application made during or after that session.

There is still a need for an Article V convention and allowing only eight years before an application for a convention is rescinded allows too little time for a sufficient number of other states to join Texas in an effort to call one. Accordingly, S.J.R. 52 nullifies the provision of S.J.R. 38 that established an eight-year sunset and replaces that provision with a sixteen-year sunset. At present, the state's most recent application for an Article V convention expires in 2025. Under this resolution, the application would not expire until 2033.

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

S.J.R. 52, among other provisions, officially rescinds, repeals, revokes, cancels, voids, and nullifies the provision of S.J.R. 38, 85th Texas Legislature, Regular Session, 2017, that provided for the automatic rescission, repeal, revocation, cancellation, voiding, and nullification of any application from the Texas Legislature for an Article V constitutional convention after the eighth anniversary of the date the last legislative vote was taken on the application. The resolution establishes that instead the 88th Texas Legislature officially declares that any such application that is submitted by the Texas Legislature during or after the 85th Texas Legislature, Regular Session, 2017, is automatically rescinded, repealed, revoked, canceled, voided, and nullified if the applicable convention is not called on or before the 16th anniversary of the date the last legislative vote is taken on the application.

S.J.R. 52 requires the secretary of state to forward official copies of the resolution to the U.S. president, the speaker of the U.S. House of Representatives, the U.S. vice president in the vice president's capacity as the presiding officer of the U.S. Senate at the office located in the U.S. Capitol Building, and to all members of the Texas delegation to Congress with the request that this resolution be officially entered in the Congressional Record.

EFFECTIVE DATE

On passage.