By: Ogden, Shapiro, et al. S.J.R. No. 1
 
 
  SENATE JOINT RESOLUTION
 
 
 
SENATE JOINT RESOLUTION
  urging the Congress of the United States to propose and submit to
  the states for ratification a federal balanced budget amendment to
  the Constitution of the United States and, in the event that
  Congress does not submit such an amendment on or before December 31,
  2011, applying to Congress to call a convention for the specific and
  exclusive purpose of proposing an amendment to that constitution to
  provide, in the absence of a national emergency and on a two-thirds
  vote of Congress, for a federal balanced budget and requesting that
  the legislatures of each of the several states that compose the
  United States apply to Congress to call a convention to propose such
  an amendment.
         WHEREAS, The gravity of federal debt and federal obligations
  was established early in American history, with deficits occurring
  only in relation to extraordinary circumstances such as war; yet
  for much of the 20th century and into the 21st, the United States
  has operated on a budget deficit, including the 2010 budget year,
  which surpassed an astounding $1,300,000,000,000, an annual
  deficit that exceeded the entire gross state product of Texas; and
         WHEREAS, An exception to this pattern was at the turn of the
  21st century; in January 2001, America enjoyed a $236 billion
  budget surplus--with a projected 10-year surplus of $5.6 trillion;
  by January 2009, however, America faced a $1.2 trillion
  deficit--and projected shortfalls of $3.1 trillion for the next
  decade; and
         WHEREAS, Congress has been unwilling or unable to address the
  persistent problem of overspending and has recently increased the
  statutory limit on the public debt with the passage of H.R.J.
  Res. 45, 111th Congress (2010), and enacted a variety of
  legislation that will ultimately cause the federal government to
  incur additional debt; and
         WHEREAS, The National Commission on Fiscal Responsibility
  and Reform in its report The Moment of Truth includes
  recommendations to reduce the federal deficit that have not been
  considered by the United States Congress; and
         WHEREAS, The consequences of current spending policies are
  far-reaching; United States indebtedness to governments of foreign
  nations continues to rise; costly federal programs that are
  essentially unfunded or underfunded mandates to states threaten the
  ability of state and local governments to continue to balance their
  budgets; moreover, future generations of Americans inevitably face
  increased taxation and a weakened economy as a direct result of the
  bloated debt; and
         WHEREAS, Many states have previously requested that Congress
  propose a constitutional amendment requiring a balanced budget, but
  Congress has proven to be unresponsive; anticipating situations in
  which Congress at times could fail to act, the drafters of the
  United States Constitution had the foresight to adopt the language
  in Article V that establishes that on application of the
  legislatures of two-thirds of the several states, Congress shall
  call a convention for proposing amendments; and
         WHEREAS, In both 1977 and 1978, the Texas Legislature made
  application to Congress to call a convention under Article V, and
  through the years, many other states have done the same, all to no
  avail; and
         WHEREAS, A balanced budget amendment would require the
  government not to spend more than it receives in revenue and compel
  lawmakers to carefully consider choices about spending and taxes;
  by encouraging spending control and discouraging deficit spending,
  a balanced budget amendment will help put the nation on the path to
  lasting prosperity; now, therefore, be it
         RESOLVED, That the 82nd Legislature of the State of Texas
  hereby respectfully urge the Congress of the United States to
  propose and submit to the states for ratification a federal
  balanced budget amendment to the United States Constitution; and,
  be it further
         RESOLVED, That, in the event that Congress does not submit a
  balanced budget amendment to the states for ratification on or
  before December 31, 2011, the 82nd Texas Legislature hereby make
  application to the United States Congress to call a convention
  under Article V of the United States Constitution for the specific
  and exclusive purpose of proposing an amendment to that
  constitution requiring that, in the absence of a national
  emergency, and as determined by the positive vote of at least
  two-thirds of the members of each house of Congress, the total of
  all federal appropriations made by Congress for any fiscal year not
  exceed the total of all estimated federal revenue for that fiscal
  year; and, be it further
         RESOLVED, That, unless rescinded by a succeeding
  legislature, this application by the 82nd Texas Legislature
  constitutes a continuing application in accordance with Article V
  of the United States Constitution until at least two-thirds of the
  legislatures of the several states have made application for a
  convention to provide for a balanced budget; and, be it further
         RESOLVED, That, in the event that Congress does not submit a
  balanced budget amendment to the states for ratification on or
  before December 31, 2011, the 82nd Texas Legislature hereby request
  that the legislatures of each of the several states that compose the
  United States apply to Congress requesting Congress to call a
  convention to propose such an amendment to the United States
  Constitution; and, be it further
         RESOLVED, That this application is rescinded in the event
  that a convention to propose amendments to the United States
  Constitution includes purposes other than providing for a balanced
  federal budget; and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, to
  the speaker of the House of Representatives and the president of the
  Senate of the United States Congress, and to all members of the
  Texas delegation to Congress with the request that this resolution
  be officially entered in the Congressional Record as an application
  to the Congress of the United States of America for a convention to
  propose an amendment to provide for a federal balanced budget in the
  event that Congress does not submit such an amendment to the states
  for ratification on or before December 31, 2011; and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the secretaries of state and to the
  presiding officers of the legislatures of the other states.