RESOLUTION ANALYSIS

H.J.R. 98

By: Vasut

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Article V of the U.S. Constitution permits the legislatures of two-thirds of the states to call a convention for the purpose of proposing amendments to the U.S. Constitution, which must then be ratified by three-fourths of the state legislatures or conventions.

In May 2017, the 85th Texas Legislature passed S.J.R. 2 to apply to the U.S. Congress to call a convention for the limited purpose of proposing one or more amendments to the U.S. Constitution to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal officials and members of Congress. That same legislature also passed S.J.R. 38, which automatically rescinded, repealed, revoked, canceled, voided, and nullified any application from the state calling for an Article V convention during or subsequent to the 85th Texas Legislature if the applicable convention is not called on or before the eighth anniversary of the date of the last legislative vote on the application.

Since May 2017, several states have joined Texas in calling for an Article V convention to propose amendments to the U.S. Constitution like those covered by S.J.R. 2. However, the convention application has not yet reached the two-thirds threshold of states. Thus, absent action by this legislature, S.J.R. 2 will be rescinded in May 2025 pursuant to S.J.R. 38.

H.J.R. 98 again applies to Congress for a convention to propose one or more amendments to the U.S. Constitution to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal officials and members of Congress without a sunset clause in order to bypass the eight-year sunset provision in S.J.R. 38 and ensure that Texas' application remains pending.

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. 98 identifies the power of the state legislatures under Article V of the U.S. Constitution to rein in perceived abuses by the federal government through amendments to the U.S. Constitution and identifies certain abuses of federal power, such as creating a crushing national debt from improper and imprudent spending, invading the legitimate role of the states through federal mandates, many of which are unfunded, and failing to abide by a proper interpretation of the U.S. Constitution.

H.J.R. 98 applies to the U.S. Congress to call a convention under Article V of the U.S. Constitution for the limited purpose of proposing amendments to the U.S. Constitution to limit the terms of office of federal officials and members of Congress, limit the power and jurisdiction of the federal government, and impose fiscal restraints on the federal government.

H.J.R. 98 constitutes a continuing application under Article V of the U.S. Constitution, unless rescinded by a succeeding Texas legislature, until at least two-thirds of the state legislatures have applied to Congress to call the same Article V convention as called for by Texas in this resolution.

H.J.R. 98 requires the Texas secretary of state to forward official copies of this resolution to the president of the United States, the speaker of the U.S. House of Representatives, the president of the U.S. Senate, and all members of the Texas delegation to the U.S. Congress with the request that H.J.R. 98 be officially entered into the Congressional Record as an application under Article V of the U.S. Constitution.

H.J.R. 98 further requires the Texas secretary of state to send a copy of the resolution to the secretaries of state and presiding officers of the state legislatures with a request that they join Texas in applying for the Article V convention applied for by this resolution.

ELECTION DATE

On adoption.