Convention of states proposal clears first hurdle in Austin

Senate panel OKs bills restricting delegates’ powers

AUSTIN — A longawaited proposal to prepare Texas in the event of a constitutional convention passed its first legislative hurdle Thursday when a state Senate committee approved a trio of bills assigning instructions to potential delegates and restricting their powers.

In a party-line vote, with the panel’s two Democrats opposed, the Senate Committee on State Affairs approved Senate Joint Resolution 2, the official charge to add Texas to the list of states that support a so-called convention of states. The resolution limits proposed constitutional changes to three categories: putting term limits on federal lawmakers, curbing the power and jurisdiction of the federal government, and imposing fiscal restraints on Washington.

Article 5 of the U.S. Constitution allows state legislatures to call a convention to propose and debate amendments to the country’s founding document. Two-thirds of state legislatures can trigger the nationwide meeting if they pass identical resolutions stating their desire for such a convention.

The Constitution requires ratification by three-fourths of all state legislatures before any amendment can be added. Eight states have standing resolutions calling for a convention, and supporters are working on legislation in 21 others.

Republican Gov. Greg Abbott made passage of convention of states legislation an emergency item for

the Legislature, meaning lawmakers can consider bills related to the topic on an expedited schedule.

The committee also approved two companion pieces of legislation aimed at clearing the way for the initial measure.

Senate Joint Resolution 38, proposed by Sen. Craig Estes of Wichita Falls, would rescind the Texas Legislature’s previous calls for a convention of states. Texas lawmakers have passed 14 resolutions on the subject since 1899.

The legislation is expected to win approval from the Senate’s conservative GOP majority in the coming weeks. Rep. Rick Miller, a Republican from Sugar Land, has filed an identical resolution in the House, but it has not been referred to a committee.

Senate Bill 21 by Sen. Brian Birdwell, R-Granbury, would require delegates to be incumbent House or Senate members and bars them from receiving compensation for their service, which includes a lobbying ban on food, travel, and lodging. Delegates also must take an oath to abide by state law and to discuss only amendments that are explicitly stated in the resolution or come up at the convention.

Some GOP senators said they worried Birdwell’s bill lacked sufficient protections against delegates abusing their power. However, they voted to send the three bills to the full chamber and promised a fuller discussion about such issues would come up later.

While most who testified at the hearing supported Birdwell’s bill, opponents of the legislation in its current form said it could result in a runaway convention.

Grace Chimene, a member of the League of Women Voters of Texas, said the legislature should impose stricter limits on the delegates’ powers.

“SJR 2 calls for a limit to the jurisdiction of the federal government and is much too broad,” Chimene said. “Federal powers that have been used to protect minorities and advance civil rights, labor and environmental regulations will be placed at risk.”