Senate adopts resolution renewing Texas application for an Article V convention on fiscal restraints

The Texas Senate on May 8 adopted House Joint Resolution 98, a measure renewing the Legislature’s application to Congress for an Article V convention of states focused on imposing fiscal restraints, limiting federal power and considering term limits for federal officials.

Sponsor Senator Burwell said the resolution "will simply renew the 80 fifth legislature's call for an article 5 convention of states on the exact same subject" as the 2017 application and described the three focal areas as imposing fiscal restraints on the federal government, limiting federal power and jurisdiction, and limiting terms of federal officials.

Colleagues questioned the mechanics and safeguards of a convention called under Article V. Senator Mendez asked how many states had submitted similar calls; Burwell replied, "On this exact resolution, correct? There's 18 other states." Mendez and others raised concerns that an Article V convention could reach beyond its stated purpose; Burwell repeatedly noted constitutional checks, including that any proposed amendment requires ratification by three-fourths of the states (38) to take effect and that two-thirds (34) of state legislatures must apply to trigger a convention.

Debate included discussion of the historical role of Article V and the framers’ intended checks. Senators asked whether term limits proposals might extend beyond Congress to appointed officials or judges; Burwell said the convention work groups studied varied options, including possible term limits for executive-branch officials and judges, but emphasized the procedural hurdles to adoption.

The secretary recorded the final adoption vote as 17 ayes and 14 nays; the chair declared the resolution adopted. Sponsors said the renewal preserves Texas’s prior application as a continuing application under Article V unless rescinded by a future legislature.