Texas 2023 - 88th Regular

Texas Senate Bill SJR36

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

Impact

The passage of SJR36 would directly affect the legislative landscape regarding Texas's involvement in proposing amendments to the U.S. Constitution. By rescinding the automatic rescission, Texas would maintain its ability to engage in discussions around constitutional amendments without the pressure of a time limit. This could potentially set a precedent for other states to follow, as it emphasizes the state's legislative intent to actively pursue amendments regardless of the time since the initial application.

Summary

SJR36 is a joint resolution introduced by Senator Birdwell aimed at rescinding the automatic rescission clause established by a prior resolution, SJR No. 38, which was enacted during the 85th Legislature in 2017. This prior resolution allowed the Texas Legislature's applications for a national convention to propose amendments to the U.S. Constitution to expire automatically after eight years if the convention had not been called. SJR36 seeks to negate this expiration provision, allowing Texas to maintain its applications indefinitely unless it decides otherwise through new legislative action.

Sentiment

The overall sentiment surrounding SJR36 appears to be supportive among those who view it as a necessary measure to preserve Texas's constitutional rights and legislative authority. Advocates for the bill generally argue that it empowers the state to have a more proactive stance in advocating for constitutional changes, while opponents may express concerns about the implications of maintaining an open-ended application process, suggesting it could lead to a destabilized approach to constitutional governance.

Contention

While the resolution is largely framed as a technical adjustment to legislative authority, there are underlying concerns about the broader implications of a national convention. Critics argue that a convention could result in unintended consequences, with the potential to amend foundational aspects of the Constitution that protect individual rights. Thus, debates around SJR36 may reflect deeper ideological divides regarding the role of state versus federal governance and the processes for constitutional amendments.

Companion Bills

TX HJR35

Identical Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

Previously Filed As

TX SJR41

Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

TX HJR22

Rescinding the automatic rescission of certain applications made by the Texas Legislature to the United States Congress to call a national convention under Article V of the United States Constitution for proposing any amendment to that constitution.

TX SJM8008

Rescinding prior applications for a constitutional convention to propose amendments to the Constitution of the United States.

TX HJR98

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 one or more amendments to the constitution to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office of federal officials and members of Congress.

TX HF3088

A joint resolution rescinding prior applications of the legislature to Congress for a constitutional convention under Article V of the Constitution of the United States.

TX HCR025

States findings of the Legislature and requests that Congress call a convention for proposing amendments under Article V of the Constitution of the United States.

TX HJ00049

Resolution Rescinding Previous Applications Of The General Assembly That Called For An Article V Convention To Propose Amendments To The Constitution Of The United States And Directing Transmission Of Such Resolution To Congress For Printing In The Congressional Record.

TX HJR5002

Applying to the United States Congress under Article V of the United States Constitution to call for a convention for proposing an amendment to the constitution establishing congressional term limits.

TX H7792

JOINT RESOLUTION RESCINDING PREVIOUS ARTICLE V CONVENTION APPLICATIONS (Rescinds any prior applications to the United States Congress from the Rhode Island General Assembly to call for a convention to amend the United States Constitution.)

TX SC515

United States Constitutional Convention under Article V; apply for congressional term limits.

Similar Bills

No similar bills found.