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Bill

HB 2416

Relating to an unauthorized vote by a delegate or alternate delegate to a federal Article V convention; creating a criminal offense.

89th Legislature (2025) Introduced by Cole Hefner

Texas bill criminalizes unauthorized voting by Article V convention delegates who violate their state-given instructions, establishing penalties for voting contrary to assigned authority.

Referred to State Affairs
#crimes--miscellaneous(i0200) #legislature(i0520)
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Bill Summary · HB 2416

Legislative bill overview

HB 2416 creates a criminal offense for delegates or alternate delegates to a federal Article V constitutional convention who vote contrary to their instructions or authority. The bill establishes penalties for unauthorized voting at such a convention, treating it as a potential criminal violation under Texas law.

Why is this important

Article V conventions represent a mechanism for amending the U.S. Constitution that bypasses Congress, making delegate conduct potentially consequential for constitutional governance. This bill reflects concerns about ensuring delegates faithfully represent their state's interests and voter intent at such a high-stakes proceeding, though Article V conventions remain rare and theoretical for most purposes.

Potential points of contention

  • Enforcement challenges: The bill doesn't clarify how Texas would enforce criminal penalties against delegates at a federal convention operating under federal/interstate rules, or what legal authority Texas possesses over federal constitutional proceedings
  • Vague instruction standards: The bill doesn't define what constitutes valid "instructions" to delegates or how conflicts between multiple instruction sources would be resolved
  • First Amendment concerns: Criminally penalizing voting choices raises questions about delegate autonomy and whether this violates constitutional protections for political participation and representation

Compiled from official sources — confirm details with the bill’s official record.

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