Texas - Article V Constitutional Convention Act

By: Birdwell, et al. S.B. No. 21 \ \

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\ A BILL TO BE ENTITLED \ \

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\ AN ACT \ \

relating to the qualifications, duties, and limitations of Texas \

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delegates to a convention called under Article V of the United \

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States Constitution; providing a criminal penalty. \

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

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SECTION 1. Subtitle Z, Title 3, Government Code, is amended \

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by adding Chapter 393 to read as follows: \

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CHAPTER 393. DELEGATES TO FEDERAL ARTICLE V CONVENTIONS \

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SUBCHAPTER A. GENERAL PROVISIONS \

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Sec. 393.001. DEFINITIONS. In this chapter: \

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(1) "Alternate delegate" means an individual \

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appointed under Section 393.051 to represent this state as an \

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alternate delegate at an Article V convention. \

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(2) "Article V convention" means a convention called \

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by the United States Congress under Article V of the United States \

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Constitution. \

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(3) "Delegate" means: \

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(A) an individual appointed under Section \

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393.051 to represent this state as a delegate at an Article V \

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convention; or \

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(B) an alternate delegate who fills a vacancy in \

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the office of the alternate delegate's paired delegate. \

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(4) "Unauthorized vote" means a vote cast by a \

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delegate or alternate delegate at an Article V convention that: \

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(A) is contrary to the instructions adopted under \

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Section 393.101 in effect at the time the vote is taken; \

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(B) exceeds the scope or subject matter of the \

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Article V convention as authorized by the legislature in the \

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application to the United States Congress to call the convention if \

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the legislature made an application to call the convention; or \

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(C) exceeds the scope or subject matter of the \

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Article V convention if the legislature did not make an application \

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to the United States Congress to call the convention. \

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Sec. 393.002. RULES AND PROCEDURES. (a) The legislature \

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by concurrent resolution shall provide the rules and procedures \

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necessary to implement this chapter. \

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(b) A legislative action relating to the appointment or \

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recall of a delegate or alternate delegate, the filling of a vacancy \

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in the office of a delegate or alternate delegate, or the \

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determination of an unauthorized vote may be accomplished through a \

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resolution adopted by the house that takes the action. \

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SUBCHAPTER B. DELEGATES AND ALTERNATE DELEGATES \

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Sec. 393.051. APPOINTMENT. (a) As soon as possible \

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following the calling of an Article V convention, the legislature \

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shall appoint delegates and alternate delegates to the convention \

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as provided by Subsection (b) or (c), as applicable. \

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(b) Except as provided by Subsection (c), the legislature \

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shall appoint five delegates and five alternate delegates to the \

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Article V convention as follows: \

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(1) the house of representatives shall appoint three \

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members of the house as delegates and three members of the house as \

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alternate delegates; and \

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(2) the senate shall appoint two members of the senate \

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as delegates and two members of the senate as alternate delegates. \

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(c) If the number of delegates allocated to represent the \

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state at the Article V convention is determined by Congress or by \

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agreement among the states to be a number other than five, the \

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legislature shall appoint the allocated number of delegates and an \

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equal number of alternate delegates as follows: \

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(1) if the allocated number of delegates is an odd \

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number: \

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(A) the house of representatives shall appoint a \

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number of members of the house as delegates that is equal to \

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three-fifths of the allocated number or as close to that proportion \

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as possible and the same number of members of the house as alternate \

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delegates; and \

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(B) the senate shall appoint a number of members \

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of the senate as delegates that is equal to two-fifths of the \

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allocated number or as close to that proportion as possible and the \

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same number of members of the senate as alternate delegates; and \

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(2) if the allocated number of delegates is an even \

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number: \

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(A) the house of representatives shall appoint a \

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number of members of the house as delegates that is equal to \

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one-half of the allocated number and the same number of members of \

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the house as alternate delegates; and \

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(B) the senate shall appoint a number of members \

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of the senate as delegates that is equal to one-half of the \

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allocated number and the same number of members of the senate as \

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alternate delegates. \

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(d) Service as a delegate or alternate delegate by a member \

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of the legislature is an additional duty of the member's \

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legislative office. \

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(e) The appointing house shall pair each alternate delegate \

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with a delegate at the time each appointment is made. \

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Sec. 393.052. VACANCY. (a) An alternate delegate \

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automatically fills a vacancy in the office of the alternate \

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delegate's paired delegate unless the office of the alternate \

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delegate is simultaneously vacated. \

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(b) Except as provided by Subsection (a), the house that \

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appointed a delegate or alternate delegate shall fill a vacancy in \

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the office of the delegate or alternate delegate as soon as possible \

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after the vacancy occurs. \

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Sec. 393.053. RECALL. (a) The house that appointed a \

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delegate or alternate delegate may recall the delegate or alternate \

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delegate. \

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(b) A vacancy created by the recall of a delegate or \

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alternate delegate shall be filled in the manner provided by \

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Section 393.052. \

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Sec. 393.054. COMPENSATION; REIMBURSEMENT OF EXPENSES. \

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(a) A delegate or alternate delegate is not entitled to \

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compensation for service as a delegate or alternate delegate. \

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(b) A delegate or alternate delegate is entitled to \

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reimbursement for necessary expenses incurred in performance of \

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official duties, subject to any applicable limitation on \

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reimbursement provided by general law or the General Appropriations \

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Act. \

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Sec. 393.055. OATH. (a) An individual appointed as a \

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delegate or alternate delegate must take the following oath before \

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voting or taking an action as a delegate or alternate delegate of \

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this state: "I do solemnly swear (or affirm) that to the best of my \

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abilities, I will, as a delegate (or alternate delegate) to the \

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Article V convention, act according to the limits of the authority \

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granted to me as a delegate or alternate delegate by Texas law, will \

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not consider or vote to approve an amendment to the United States \

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Constitution not authorized by the Texas Legislature in its \

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application to the United States Congress to call this convention \

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or an amendment outside the scope of this convention if the Texas \

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Legislature did not make an application to the United States \

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Congress to call this convention, and will faithfully abide by and \

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execute the instructions to delegates or alternate delegates \

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adopted by the Texas Legislature." \

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(b) Each delegate and alternate delegate must file the \

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executed oath with the secretary of state. \

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Sec. 393.056. PROHIBITION ON ACCEPTANCE OF BENEFIT. A \

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delegate or alternate delegate may not accept a gift, a loan, food \

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or beverages, entertainment, lodging, transportation, or another \

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benefit from a person, including a corporation, nonprofit \

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organization, or individual, if that person is required to register \

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as a lobbyist under Chapter 305 or under other law. \

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SUBCHAPTER C. DUTIES OF DELEGATES AND ALTERNATE DELEGATES \

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Sec. 393.101. INSTRUCTIONS TO DELEGATES AND ALTERNATE \

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DELEGATES. (a) At the time delegates and alternate delegates are \

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appointed, the legislature by joint resolution shall adopt \

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instructions to the delegates and alternate delegates to govern the \

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actions of those officers at the Article V convention. \

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(b) The legislature may not adopt instructions for an \

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Article V convention called following an application by the \

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legislature to the United States Congress for the convention that \

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authorize a delegate or alternate delegate to consider or vote to \

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approve an amendment to the United States Constitution that is not \

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authorized by the legislature in its application for the \

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convention. \

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(c) The legislature by joint resolution may amend the \

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instructions at any time. \

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Sec. 393.102. DUTY OF ALTERNATE DELEGATE. An alternate \

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delegate shall act in the place of the alternate delegate's paired \

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delegate when the delegate is absent from the convention. \

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Sec. 393.103. UNAUTHORIZED VOTE. (a) A delegate or \

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alternate delegate may not cast an unauthorized vote. \

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(b) Except as provided by Section 393.104, the \

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determination that a vote is an unauthorized vote for purposes of \

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this section may only be made by the house that appointed the \

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delegate or alternate delegate who cast the vote. \

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

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(d) A delegate or alternate delegate who casts a vote \

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determined to be an unauthorized vote is disqualified to continue \

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to serve as a delegate or alternate delegate. A vacancy in the \

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office of a delegate or alternate delegate created by the \

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disqualification of the delegate or alternate delegate shall be \

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filled in the manner provided by Section 393.052. \

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(e) The presiding officer of the house that determined that \

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a delegate or alternate delegate has cast an unauthorized vote \

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shall promptly notify the head of the state delegation and the \

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presiding officer of the Article V convention that the delegate or \

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alternate delegate has cast an unauthorized vote and is \

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disqualified to serve as a delegate or alternate delegate. \

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Sec. 393.104. OVERSIGHT COMMITTEE. (a) The legislature \

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shall appoint an Article V Oversight Committee at the time \

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delegates and alternate delegates are appointed under Section \

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393.051. \

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(b) The committee consists of the following 10 members: \

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(1) the lieutenant governor; \

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(2) the speaker of the house of representatives; \

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(3) the chair of the senate state affairs committee; \

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(4) the chair of the house state affairs committee; \

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(5) three members of the senate appointed by the \

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lieutenant governor; and \

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(6) three members of the house of representatives \

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appointed by the speaker of the house of representatives. \

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(c) The lieutenant governor and the speaker of the house of \

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representatives are joint chairs of the committee. \

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(d) If the legislature is not convened in regular or special \

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session at any time during which an Article V convention is \

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convened, the members of the committee shall: \

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(1) meet at the call of either joint chair at the State \

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Capitol; and \

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(2) determine whether a vote cast by a delegate or \

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alternate delegate is an unauthorized vote for the purposes of \

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Section 393.103. \

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(e) A vote cast by a delegate or alternate delegate is an \

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unauthorized vote for the purposes of Section 393.103 if seven or \

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more members of the committee determine by committee vote that the \

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vote cast was an unauthorized vote. \

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(f) The committee is not authorized to take any action when \

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the legislature is convened in regular or special session. \

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Sec. 393.105. CRIMINAL PENALTY. (a) A delegate or \

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alternate delegate commits an offense if the delegate or alternate \

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delegate knowingly casts an unauthorized vote. \

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(b) An offense under this section is a state jail felony. \

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(c) A judge granting community supervision to a defendant \

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convicted of an offense under this section shall require as a \

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condition of community supervision that the defendant submit to not \

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less than 10 days of confinement in county jail. If a sentence of \

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confinement is imposed on the revocation of community supervision, \

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the term of confinement served under this subsection may not be \

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credited toward completion of the sentence imposed. \

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SECTION 2. This Act takes effect immediately if it receives \

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a vote of two-thirds of all the members elected to each house, as \

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provided by Section 39, Article III, Texas Constitution. If this \

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Act does not receive the vote necessary for immediate effect, this \

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Act takes effect September 1, 2017. \

\ https://capitol.texas.gov/tlodocs/85r/billtext/html/sb00021e.htm \ \