85R7911 E By: Klick H.J.R. No. 78 A JOINT RESOLUTION rescinding the 1901 and 1911 applications to the United States Congress to call a national convention under Article V of the United States Constitution for the direct election of U.S. Senators. WHEREAS, In the year 1901, the 27th Texas Legislature adopted House Concurrent Resolution No. 22, applying to the United States Congress, pursuant to Article V of the United States Constitution, to call a convention to propose an amendment to that Constitution which would provide that members of the United States Senate be elected directly by the voters of each state rather than be appointed by the legislatures thereof; and WHEREAS, In the year 1911, the 32nd Texas Legislature adopted House Concurrent Resolution No. 11, doing virtually the same thing; and WHEREAS, In the year 1912, the 62nd United States Congress did approve House Joint Resolution No. 39, proposing to the nation's state legislatures for ratification what we know today as the Federal Constitution's Amendment XVII which--since its ratification more than a century ago in 1913--has indeed provided for election of United States Senators directly by the people; and WHEREAS, The 33rd Texas Legislature, via adoption of its House Joint Resolution No. 5, in 1913, did indeed ratify Amendment XVII; and WHEREAS, Since the purpose for which the 27th and 32nd Texas Legislatures' aforementioned requests have been fulfilled by alternate means--without an Article V Convention ever actually having been triggered on the specific topic of directly electing United States Senators--there remains no need to retain these still-lingering Texas requests that Congress call such a convention on that particular subject; now, therefore, be it RESOLVED, By the 85th Legislature of the State of Texas, Regular Session, 2017, that House Concurrent Resolution No. 22 of the 27th Legislature--as well as House Concurrent Resolution No. 11 of the 32nd Legislature--be hereby rescinded, repealed, voided, canceled and nullified; and, be it further RESOLVED, That, in a manner which would furnish confirmation of delivery and tracking while en route, the Texas Secretary of State shall transmit properly certified copies of this joint resolution of rescission, pursuant to the Standing Rules of the United States Senate (namely, Rule VII, paragraphs 4, 5, and 6), to the Vice-President of the United States (in his capacity as presiding officer of the United States Senate and addressed to him in Suite S-212 of the United States Capitol Building); to the Secretary and Parliamentarian of the United States Senate; and to both United States Senators representing Texas; accompanied by a cover letter to each addressee drawing attention to the fact that it is the 85th Texas Legislature's courteous, yet firm, request that the full and complete verbatim text of this joint resolution be duly published in the United States Senate's portion of the Congressional Record as an official memorial to the United States Senate, and that this joint resolution be referred to whichever committee or committees of the United States Senate that would have appropriate jurisdiction in this matter; and, be it further RESOLVED, That, in a manner which would furnish confirmation of delivery and tracking while en route, the Texas Secretary of State shall likewise transmit properly certified copies of this joint resolution of rescission, pursuant to the Rules of the United States House of Representatives (namely, Rule XII, clauses 3 and 7), to the Speaker, Clerk and Parliamentarian of the United States House of Representatives; and to all members of the United States House of Representatives who represent districts in Texas; likewise accompanied by a cover letter to each addressee drawing attention to the fact that it is the 85th Legislature's courteous, yet firm, request that the substance of this joint resolution be accurately summarized in the United States House of Representatives' portion of the Congressional Record as an official memorial to the United States House of Representatives, and that this joint resolution be referred to whichever committee or committees of the United States House of Representatives that would have appropriate jurisdiction in this matter.