Texas 2015 - 84th Regular

Texas House Bill HB1109 Compare Versions

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1	1	84R1301 TJB-D
2	2	By: White of Tyler, Hughes, Raymond, et al. H.B. No. 1109
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of the Compact for a Balanced Budget.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 7, Government Code, is amended by adding
10	10	Chapter 793 to read as follows:
11	11	CHAPTER 793. COMPACT FOR A BALANCED BUDGET
12	12	Sec. 793.001. EXECUTION OF COMPACT. The State of Texas
13	13	enacts, adopts and agrees to be bound by the following Compact:
14	14	ARTICLE I. DECLARATION OF POLICY, PURPOSE AND INTENT
15	15	Whereas, every State enacting, adopting and agreeing to be
16	16	bound by this Compact intends to ensure that their respective
17	17	Legislature's use of the power to originate a Balanced Budget
18	18	Amendment under Article V of the Constitution of the United States
19	19	will be exercised conveniently and with reasonable certainty as to
20	20	the consequences thereof.
21	21	Now, therefore, in consideration of their expressed mutual
22	22	promises and obligations, be it enacted by every State enacting,
23	23	adopting and agreeing to be bound by this Compact, and resolved by
24	24	each of their respective Legislatures, as the case may be, to
25	25	exercise herewith all of their respective powers as set forth
26	26	herein notwithstanding any law to the contrary.
27	27	ARTICLE II. DEFINITIONS
28	28	Section 1. "Compact" means this "Compact for a Balanced
29	29	Budget."
30	30	Section 2. "Convention" means the convention for proposing
31	31	amendments organized by this Compact under Article V of the
32	32	Constitution of the United States and, where contextually
33	33	appropriate to ensure the terms of this Compact are not evaded, any
34	34	other similar gathering or body, which might be organized as a
35	35	consequence of Congress receiving the application set out in this
36	36	Compact and claim authority to propose or effectuate any amendment,
37	37	alteration or revision to the Constitution of the United States.
38	38	This term does not encompass a convention for proposing amendments
39	39	under Article V of the Constitution of the United States that is
40	40	organized independently of this Compact based on the separate and
41	41	distinct application of any State.
42	42	Section 3. "State" means one of the several States of the
43	43	United States. Where contextually appropriate, the term "State"
44	44	shall be construed to include all of its branches, departments,
45	45	agencies, political subdivisions, and officers and representatives
46	46	acting in their official capacity.
47	47	Section 4. "Member State" means a State that has enacted,
48	48	adopted and agreed to be bound to this Compact. For any State to
49	49	qualify as a Member State with respect to any other State under this
50	50	Compact, each such State must have enacted, adopted and agreed to be
51	51	bound by substantively identical compact legislation.
52	52	Section 5. "Compact Notice Recipients" means the Archivist of
53	53	the United States, the President of the United States, the
54	54	President of the United States Senate, the Office of the Secretary
55	55	of the United States Senate, the Speaker of the United States House
56	56	of Representatives, the Office of the Clerk of the United States
57	57	House of Representatives, the chief executive officer of each
58	58	State, and the presiding officer(s) of each house of the
59	59	Legislatures of the several States.
60	60	Section 6. Notice. All notices required by this Compact shall
61	61	be by U.S. Certified Mail, return receipt requested, or an
62	62	equivalent or superior form of notice, such as personal delivery
63	63	documented by evidence of actual receipt.
64	64	Section 7. "Balanced Budget Amendment" means the following:
65	65	"Article _
66	66	Section 1. Total outlays of the government of the United
67	67	States shall not exceed total receipts of the government of the
68	68	United States at any point in time unless the excess of outlays over
69	69	receipts is financed exclusively by debt issued in strict
70	70	conformity with this article.
71	71	Section 2. Outstanding debt shall not exceed authorized debt,
72	72	which initially shall be an amount equal to 105 percent of the
73	73	outstanding debt on the effective date of this article. Authorized
74	74	debt shall not be increased above its aforesaid initial amount
75	75	unless such increase is first approved by the legislatures of the
76	76	several states as provided in Section 3.
77	77	Section 3. From time to time, Congress may increase
78	78	authorized debt to an amount in excess of its initial amount set by
79	79	Section 2 only if it first publicly refers to the legislatures of
80	80	the several states an unconditional, single subject measure
81	81	proposing the amount of such increase, in such form as provided by
82	82	law, and the measure is thereafter publicly and unconditionally
83	83	approved by a simple majority of the legislatures of the several
84	84	states, in such form as provided respectively by state law;
85	85	provided that no inducement requiring an expenditure or tax levy
86	86	shall be demanded, offered or accepted as a quid pro quo for such
87	87	approval. If such approval is not obtained within sixty (60)
88	88	calendar days after referral then the measure shall be deemed
89	89	disapproved and the authorized debt shall thereby remain unchanged.
90	90	Section 4. Whenever the outstanding debt exceeds 98 percent
91	91	of the debt limit set by Section 2, the President shall enforce said
92	92	limit by publicly designating specific expenditures for
93	93	impoundment in an amount sufficient to ensure outstanding debt
94	94	shall not exceed the authorized debt. Said impoundment shall become
95	95	effective thirty (30) days thereafter, unless Congress first
96	96	designates an alternate impoundment of the same or greater amount
97	97	by concurrent resolution, which shall become immediately
98	98	effective. The failure of the President to designate or enforce the
99	99	required impoundment is an impeachable misdemeanor. Any purported
100	100	issuance or incurrence of any debt in excess of the debt limit set
101	101	by Section 2 is void.
102	102	Section 5. No bill that provides for a new or increased
103	103	general revenue tax shall become law unless approved by a
104	104	two-thirds roll call vote of the whole number of each House of
105	105	Congress. However, this requirement shall not apply to any bill
106	106	that provides for a new end user sales tax which would completely
107	107	replace every existing income tax levied by the government of the
108	108	United States; or for the reduction or elimination of an exemption,
109	109	deduction, or credit allowed under an existing general revenue tax.
110	110	Section 6. For purposes of this article, "debt" means any
111	111	obligation backed by the full faith and credit of the government of
112	112	the United States; "outstanding debt" means all debt held in any
113	113	account and by any entity at a given point in time; "authorized
114	114	debt" means the maximum total amount of debt that may be lawfully
115	115	issued and outstanding at any single point in time under this
116	116	article; "total outlays of the government of the United States"
117	117	means all expenditures of the government of the United States from
118	118	any source; "total receipts of the government of the United States"
119	119	means all tax receipts and other income of the government of the
120	120	United States, excluding proceeds from its issuance or incurrence
121	121	of debt or any type of liability; "impoundment" means a proposal not
122	122	to spend all or part of a sum of money appropriated by Congress; and
123	123	"general revenue tax" means any income tax, sales tax, or
124	124	value-added tax levied by the government of the United States
125	125	excluding imposts and duties.
126	126	Section 7. This article is immediately operative upon
127	127	ratification, self-enforcing, and Congress may enact conforming
128	128	legislation to facilitate enforcement."
129	129	ARTICLE III. COMPACT MEMBERSHIP AND WITHDRAWAL
130	130	Section 1. This Compact governs each Member State to the
131	131	fullest extent permitted by their respective constitutions,
132	132	superseding and repealing any conflicting or contrary law.
133	133	Section 2. By becoming a Member State, each such State
134	134	offers, promises and agrees to perform and comply strictly in
135	135	accordance with the terms and conditions of this Compact, and has
136	136	made such offer, promise and agreement in anticipation and
137	137	consideration of, and in substantial reliance upon, such mutual and
138	138	reciprocal performance and compliance by each other current and
139	139	future Member State, if any. Accordingly, in addition to having the
140	140	force of law in each Member State upon its respective effective
141	141	date, this Compact and each of its Articles shall also be construed
142	142	as contractually binding each Member State when: (a) at least one
143	143	other State has likewise become a Member State by enacting
144	144	substantively identical legislation adopting and agreeing to be
145	145	bound by this Compact; and (b) notice of such State's Member State
146	146	status is or has been seasonably received by the Compact
147	147	Administrator, if any, or otherwise by the chief executive officer
148	148	of each other Member State.
149	149	Section 3. For purposes of determining Member State status
150	150	under this Compact, as long as all other provisions of the Compact
151	151	remain identical and operative on the same terms, legislation
152	152	enacting, adopting and agreeing to be bound by this Compact shall be
153	153	deemed and regarded as "substantively identical" with respect to
154	154	such other legislation enacted by another State notwithstanding:
155	155	(a) any difference in section 2 of Article IV with specific regard
156	156	to the respectively enacting State's own method of appointing its
157	157	member to the Commission; (b) any difference in section 5 of Article
158	158	IV with specific regard to the respectively enacting State's own
159	159	obligation to fund the Commission; (c) any difference in sections 1
160	160	and 2 of Article VI with specific regard to the number and identity
161	161	of each delegate respectively appointed on behalf of the enacting
162	162	State, provided that no more than three delegates may attend and
163	163	participate in the Convention on behalf of any State; or (d) any
164	164	difference in section 7 of Article X with specific regard to the
165	165	respectively enacting State as to whether section 1 of Article V of
166	166	this Compact shall survive termination of the Compact, and
167	167	thereafter become a continuing resolution of the Legislature of
168	168	such State applying to Congress for the calling of a convention of
169	169	the states under Article V of the Constitution of the United States,
170	170	under such terms and limitations as may be specified by such State.
171	171	Section 4. When fewer than three-fourths of the States are
172	172	Member States, any Member State may withdraw from this Compact by
173	173	enacting appropriate legislation, as determined by state law, and
174	174	giving notice of such withdrawal to the Compact Administrator, if
175	175	any, or otherwise to the chief executive officer of each other
176	176	Member State. A withdrawal shall not affect the validity or
177	177	applicability of the compact with respect to remaining Member
178	178	States, provided that there remain at least two such States.
179	179	However, once at least three-fourths of the States are Member
180	180	States, then no Member State may withdraw from the Compact prior to
181	181	its termination absent unanimous consent of all Member States.
182	182	ARTICLE IV. COMPACT COMMISSION AND COMPACT ADMINISTRATOR
183	183	Section 1. Nature of the Compact Commission. The Compact
184	184	Commission ("Commission") is hereby established. It has the power
185	185	and duty: (a) to appoint and oversee a Compact Administrator; (b) to
186	186	encourage States to join the Compact and Congress to call the
187	187	Convention in accordance with this Compact; (c) to coordinate the
188	188	performance of obligations under the Compact; (d) to oversee the
189	189	Convention's logistical operations as appropriate to ensure this
190	190	Compact governs its proceedings; (e) to oversee the defense and
191	191	enforcement of the Compact in appropriate legal venues; (f) to
192	192	request funds and to disburse those funds to support the operations
193	193	of the Commission, Compact Administrator, and Convention; and (g)
194	194	to cooperate with any entity that shares a common interest with the
195	195	Commission and engages in policy research, public interest
196	196	litigation or lobbying in support of the purposes of the Compact.
197	197	The Commission shall only have such implied powers as are essential
198	198	to carrying out these express powers and duties. It shall take no
199	199	action that contravenes or is inconsistent with this Compact or any
200	200	law of any State that is not superseded by this Compact. It may
201	201	adopt and publish corresponding bylaws and policies.
202	202	Section 2. Commission Membership. The Commission initially
203	203	consists of three unpaid members. Each Member State may appoint one
204	204	member to the Commission through an appointment process to be
205	205	determined by their respective chief executive officer until all
206	206	positions on the Commission are filled. Positions shall be assigned
207	207	to appointees in the order in which their respective appointing
208	208	States became Member States. The bylaws of the Commission may
209	209	expand its membership to include representatives of additional
210	210	Member States and to allow for modest salaries and reimbursement of
211	211	expenses if adequate funding exists.
212	212	Section 3. Commission Action. Each Commission member is
213	213	entitled to one vote. The Commission shall not act unless a majority
214	214	of its appointed membership is present, and no action shall be
215	215	binding unless approved by a majority of the Commission's appointed
216	216	membership. The Commission shall meet at least once a year, and may
217	217	meet more frequently.
218	218	Section 4. First Order of Business. The Commission shall at
219	219	the earliest possible time elect from among its membership a
220	220	Chairperson, determine a primary place of doing business, and
221	221	appoint a Compact Administrator.
222	222	Section 5. Funding. The Commission and the Compact
223	223	Administrator's activities shall be funded exclusively by each
224	224	Member State, as determined by their respective state law, or by
225	225	voluntary donations.
226	226	Section 6. Compact Administrator. The Compact Administrator
227	227	has the power and duty: (a) to timely notify the States of the date,
228	228	time and location of the Convention; (b) to organize and direct the
229	229	logistical operations of the Convention; (c) to maintain an
230	230	accurate list of all Member States, their appointed delegates,
231	231	including contact information; and (d) to formulate, transmit, and
232	232	maintain all official notices, records, and communications
233	233	relating to this Compact. The Compact Administrator shall only have
234	234	such implied powers as are essential to carrying out these express
235	235	powers and duties; and shall take no action that contravenes or is
236	236	inconsistent with this Compact or any law of any State that is not
237	237	superseded by this Compact. The Compact Administrator serves at the
238	238	pleasure of the Commission and must keep the Commission seasonably
239	239	apprised of the performance or nonperformance of the terms and
240	240	conditions of this Compact. Any notice sent by a Member State to the
241	241	Compact Administrator concerning this Compact shall be adequate
242	242	notice to each other Member State provided that a copy of said
243	243	notice is seasonably delivered by the Compact Administrator to each
244	244	other Member State's respective chief executive officer.
245	245	Section 7. Notice of Key Events. Upon the occurrence of each
246	246	of the following described events, or otherwise as soon as
247	247	possible, the Compact Administrator shall immediately send the
248	248	following notices to all Compact Notice Recipients, together with
249	249	certified conforming copies of the chaptered version of this
250	250	Compact as maintained in the statutes of each Member State: (a)
251	251	whenever any State becomes a Member State, notice of that fact shall
252	252	be given; (b) once at least three-fourths of the States are Member
253	253	States, notice of that fact shall be given together with a statement
254	254	declaring that the Legislatures of at least two-thirds of the
255	255	several States have applied for a convention for proposing
256	256	amendments under Article V of the Constitution of the United
257	257	States, petitioning Congress to call the Convention contemplated by
258	258	this Compact, and further requesting cooperation in organizing the
259	259	same in accordance with this Compact; (c) once Congress has called
260	260	the Convention contemplated by this Compact, and whenever the date,
261	261	time and location of the Convention has been determined, notice of
262	262	that fact shall be given together with the date, time and location
263	263	of the Convention and other essential logistical matters; (d) upon
264	264	approval of the Balanced Budget Amendment by the Convention, notice
265	265	of that fact shall be given together with the transmission of
266	266	certified copies of such approved proposed amendment and a
267	267	statement requesting Congress to refer the same for ratification by
268	268	three-fourths of the Legislatures of the several States under
269	269	Article V of the Constitution of the United States (however, in no
270	270	event shall any proposed amendment other than the Balanced Budget
271	271	Amendment be transmitted); and (e) when any Article of this Compact
272	272	prospectively ratifying the Balanced Budget Amendment is effective
273	273	in any Member State, notice of the same shall be given together with
274	274	a statement declaring such ratification and further requesting
275	275	cooperation in ensuring that the official record confirms and
276	276	reflects the effective corresponding amendment to the Constitution
277	277	of the United States. However, whenever any Member State enacts
278	278	appropriate legislation, as determined by the laws of the
279	279	respective state, withdrawing from this Compact, the Compact
280	280	Administrator shall immediately send certified conforming copies
281	281	of the chaptered version of such withdrawal legislation as
282	282	maintained in the statutes of each such withdrawing Member State,
283	283	solely to each chief executive officer of each remaining Member
284	284	State, giving notice of such withdrawal.
285	285	Section 8. Cooperation. The Commission, Member States and
286	286	Compact Administrator shall cooperate with each other and give each
287	287	other mutual assistance in enforcing this Compact and shall give
288	288	the chief law enforcement officer of each other Member State any
289	289	information or documents that are reasonably necessary to
290	290	facilitate the enforcement of this Compact.
291	291	Section 9. This Article does not take effect until there are
292	292	at least two Member States.
293	293	ARTICLE V. RESOLUTION APPLYING FOR CONVENTION
294	294	Section 1. Be it resolved, as provided for in Article V of the
295	295	Constitution of the United States, the Legislature of each Member
296	296	State herewith applies to Congress for the calling of a convention
297	297	for proposing amendments limited to the subject matter of proposing
298	298	for ratification the Balanced Budget Amendment.
299	299	Section 2. Congress is further petitioned to refer the
300	300	Balanced Budget Amendment to the States for ratification by
301	301	three-fourths of their respective Legislatures.
302	302	Section 3. This Article does not take effect until at least
303	303	three-fourths of the several States are Member States.
304	304	ARTICLE VI. DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS
305	305	Section 1. Number of Delegates. This Member State is entitled
306	306	to three delegates to represent the state's interests at the
307	307	Convention.
308	308	Section 2. Identity of Delegates. The Governor, Speaker of
309	309	the House of Representatives, and Lieutenant Governor, or their
310	310	respective designees, are appointed to represent this Member State
311	311	at the Convention as its exclusive delegates.
312	312	Section 3. Replacement or Recall of Delegates. A delegate
313	313	appointed hereunder may be replaced or recalled by the Legislature
314	314	of his or her respective State at any time for good cause, such as
315	315	criminal misconduct or the violation of this Compact. If replaced
316	316	or recalled, any delegate previously appointed hereunder must
317	317	immediately vacate the Convention and return to their respective
318	318	State's capitol.
319	319	Section 4. Oath. The power and authority of a delegate under
320	320	this Article may only be exercised after the Convention is first
321	321	called by Congress in accordance with this Compact and such
322	322	appointment is duly accepted by such appointee publicly taking the
323	323	following oath or affirmation: "I do solemnly swear (or affirm)
324	324	that I accept this appointment and will act strictly in accordance
325	325	with the terms and conditions of the Compact for a Balanced Budget,
326	326	the Constitution of the State I represent, and the Constitution of
327	327	the United States. I understand that violating this oath (or
328	328	affirmation) forfeits my appointment and may subject me to other
329	329	penalties as provided by law."
330	330	Section 5. Term. The term of a delegate hereunder commences
331	331	upon acceptance of appointment and terminates upon the permanent
332	332	adjournment of the Convention, unless shortened by recall,
333	333	replacement or forfeiture under this Article. Upon expiration of
334	334	such term, any person formerly serving as a delegate must
335	335	immediately withdraw from and cease participation at the
336	336	Convention, if any is proceeding.
337	337	Section 6. Delegate Authority. The power and authority of any
338	338	delegate appointed hereunder is strictly limited: (a) to
339	339	introducing, debating, voting upon, proposing and enforcing the
340	340	Convention Rules specified in this Compact, as needed to ensure
341	341	those rules govern the Convention; and (b) to introducing,
342	342	debating, voting upon, and rejecting or proposing for ratification
343	343	the Balanced Budget Amendment. All actions taken by any delegate in
344	344	violation of this section are void ab initio.
345	345	Section 7. Delegate Authority. No delegate of any Member
346	346	State may introduce, debate, vote upon, reject or propose for
347	347	ratification any constitutional amendment at the Convention
348	348	unless: (a) the Convention Rules specified in this Compact govern
349	349	the Convention and their actions; and (b) the constitutional
350	350	amendment is the Balanced Budget Amendment.
351	351	Section 8. Delegate Authority. The power and authority of any
352	352	delegate at the Convention does not include any power or authority
353	353	associated with any other public office held by the delegate. Any
354	354	person appointed to serve as a delegate shall take a temporary leave
355	355	of absence, or otherwise shall be deemed temporarily disabled, from
356	356	any other public office held by the delegate while attending the
357	357	Convention, and may not exercise any power or authority associated
358	358	with any other public office held by the delegate, while attending
359	359	the Convention. All actions taken by any delegate in violation of
360	360	this section are void ab initio.
361	361	Section 9. Order of Business. Before introducing, debating,
362	362	voting upon, rejecting or proposing for ratification any
363	363	constitutional amendment at the Convention, each delegate of every
364	364	Member State must first ensure the Convention Rules in this Compact
365	365	govern the Convention and their actions. Every delegate and each
366	366	Member State must immediately vacate the Convention and notify the
367	367	Compact Administrator by the most effective and expeditious means
368	368	if the Convention Rules in this Compact are not adopted to govern
369	369	the Convention and their actions.
370	370	Section 10. Forfeiture of Appointment. If any Member State or
371	371	delegate violates any provision of this Compact, then every
372	372	delegate of that Member State immediately forfeits his or her
373	373	appointment, and shall immediately cease participation at the
374	374	Convention, vacate the Convention, and return to his or her
375	375	respective State's capitol.
376	376	Section 11. Expenses. A delegate appointed hereunder is
377	377	entitled to reimbursement of reasonable expenses for attending the
378	378	Convention from his or her respective Member State. No delegate may
379	379	accept any other form of remuneration or compensation for service
380	380	under this Compact.
381	381	ARTICLE VII. CONVENTION RULES
382	382	Section 1. Nature of the Convention. The Convention shall be
383	383	organized, construed and conducted as a body exclusively
384	384	representing and constituted by the several States.
385	385	Section 2. Agenda of the Convention. The agenda of the
386	386	Convention shall be entirely focused upon and exclusively limited
387	387	to introducing, debating, voting upon, and rejecting or proposing
388	388	for ratification the Balanced Budget Amendment under the Convention
389	389	Rules specified in this Article and in accordance with the Compact.
390	390	It shall not be in order for the Convention to consider any matter
391	391	that is outside the scope of this agenda.
392	392	Section 3. Delegate Identity and Procedure. States shall be
393	393	represented at the Convention through duly appointed delegates. The
394	394	number, identity and authority of delegates assigned to each State
395	395	shall be determined by this Compact in the case of Member States or,
396	396	in the case of States that are not Member States, by their
397	397	respective state laws. However, to prevent disruption of
398	398	proceedings, no more than three delegates may attend and
399	399	participate in the Convention on behalf of any State. A certified
400	400	chaptered conforming copy of this Compact, together with
401	401	government-issued photographic proof of identification, shall
402	402	suffice as credentials for delegates of Member States. Any
403	403	commission for delegates of States that are not Member States shall
404	404	be based on their respective state laws, but it shall furnish
405	405	credentials that are at least as reliable as those required of
406	406	Member States.
407	407	Section 4. Voting. Each State represented at the Convention
408	408	shall have one vote, exercised by the vote of that State's delegate
409	409	in the case of States represented by one delegate, or, in the case
410	410	of any State that is represented by more than one delegate, by the
411	411	majority vote of that State's respective delegates.
412	412	Section 5. Quorum. A majority of the several States of the
413	413	United States, each present through its respective delegate in the
414	414	case of any State that is represented by one delegate, or through a
415	415	majority of its respective delegates, in the case of any State that
416	416	is represented by more than one delegate, shall constitute a quorum
417	417	for the transaction of any business on behalf of the Convention.
418	418	Section 6. Action by the Convention. The Convention shall
419	419	only act as a committee of the whole, chaired by the delegate
420	420	representing the first State to have become a Member State, if that
421	421	State is represented by one delegate, or otherwise by the delegate
422	422	chosen by the majority vote of that State's respective delegates.
423	423	The transaction of any business on behalf of the Convention,
424	424	including the designation of a Secretary, the adoption of
425	425	parliamentary procedures and the rejection or proposal of any
426	426	constitutional amendment, requires a quorum to be present and a
427	427	majority affirmative vote of those States constituting the quorum.
428	428	Section 7. Emergency Suspension and Relocation of the
429	429	Convention. In the event that the Chair of the Convention declares
430	430	an emergency due to disorder or an imminent threat to public health
431	431	and safety prior to the completion of the business on the Agenda,
432	432	and a majority of the States present at the Convention do not object
433	433	to such declaration, further Convention proceedings shall be
434	434	temporarily suspended, and the Commission shall subsequently
435	435	relocate or reschedule the Convention to resume proceedings in an
436	436	orderly fashion in accordance with the terms and conditions of this
437	437	Compact with prior notice given to the Compact Notice Recipients.
438	438	Section 8. Parliamentary Procedure. In adopting, applying
439	439	and formulating parliamentary procedure, the Convention shall
440	440	exclusively adopt, apply or appropriately adapt provisions of the
441	441	most recent editions of Robert's Rules of Order and the American
442	442	Institute of Parliamentarians Standard Code of Parliamentary
443	443	Procedure. In adopting, applying or adapting parliamentary
444	444	procedure, the Convention shall exclusively consider analogous
445	445	precedent arising within the jurisdiction of the United States.
446	446	Parliamentary procedures adopted, applied or adapted pursuant to
447	447	this section shall not obstruct, override or otherwise conflict
448	448	with this Compact.
449	449	Section 9. Transmittal. Upon approval of the Balanced Budget
450	450	Amendment by the Convention to propose for ratification, the Chair
451	451	of the Convention shall immediately transmit certified copies of
452	452	such approved proposed amendment to the Compact Administrator and
453	453	all Compact Notice Recipients, notifying them respectively of such
454	454	approval and requesting Congress to refer the same for ratification
455	455	by the States under Article V of the Constitution of the United
456	456	States. However, in no event shall any proposed amendment other
457	457	than the Balanced Budget Amendment be transmitted as aforesaid.
458	458	Section 10. Transparency. Records of the Convention,
459	459	including the identities of all attendees and detailed minutes of
460	460	all proceedings, shall be kept by the Chair of the Convention or
461	461	Secretary designated by the Convention. All proceedings and records
462	462	of the Convention shall be open to the public upon request subject
463	463	to reasonable regulations adopted by the Convention that are
464	464	closely tailored to preventing disruption of proceedings under this
465	465	Article.
466	466	Section 11. Adjournment of the Convention. The Convention
467	467	shall permanently adjourn upon the earlier of twenty-four (24)
468	468	hours after commencing proceedings under this Article or the
469	469	completion of the business on its Agenda.
470	470	ARTICLE VIII. PROHIBITION ON ULTRA VIRES CONVENTION
471	471	Section 1. Member States shall not participate in the
472	472	Convention unless: (a) Congress first calls the Convention in
473	473	accordance with this Compact; and (b) the Convention Rules of this
474	474	Compact are adopted by the Convention as its first order of
475	475	business.
476	476	Section 2. Any proposal or action of the Convention is void ab
477	477	initio and issued by a body that is conducting itself in an unlawful
478	478	and ultra vires fashion if that proposal or action: (a) violates or
479	479	was approved in violation of the Convention Rules or the delegate
480	480	instructions and limitations on delegate authority specified in
481	481	this Compact; (b) purports to propose or effectuate a mode of
482	482	ratification that is not specified in Article V of the Constitution
483	483	of the United States; or (c) purports to propose or effectuate the
484	484	formation of a new government. All Member States are prohibited
485	485	from advancing or assisting in the advancement of any such proposal
486	486	or action.
487	487	Section 3. Member States shall not ratify or otherwise
488	488	approve any proposed amendment, alteration or revision to the
489	489	Constitution of the United States, which originates from the
490	490	Convention, other than the Balanced Budget Amendment.
491	491	ARTICLE IX. RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET
492	492	AMENDMENT
493	493	Section 1. Each Member State, by and through its respective
494	494	Legislature, hereby adopts and ratifies the Balanced Budget
495	495	Amendment.
496	496	Section 2. This Article does not take effect until Congress
497	497	effectively refers the Balanced Budget Amendment to the States for
498	498	ratification by three-fourths of the Legislatures of the several
499	499	States under Article V of the Constitution of the United States.
500	500	ARTICLE X. CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY
501	501	Section 1. To the extent that the effectiveness of this
502	502	Compact or any of its Articles or provisions requires the
503	503	alteration of local legislative rules, drafting policies, or
504	504	procedure to be effective, the enactment of legislation enacting,
505	505	adopting and agreeing to be bound by this Compact shall be deemed to
506	506	waive, repeal, supersede, or otherwise amend and conform all such
507	507	rules, policies or procedures to allow for the effectiveness of
508	508	this Compact to the fullest extent permitted by the constitution of
509	509	any affected Member State.
510	510	Section 2. Date and Location of the Convention. Unless
511	511	otherwise specified by Congress in its call, the Convention shall
512	512	be held in Dallas, Texas and commence proceedings at 9:00 a.m.
513	513	Central Standard Time on the sixth Wednesday after the latter of the
514	514	effective date of Article V of this Compact or the enactment date of
515	515	the Congressional resolution calling the Convention.
516	516	Section 3. In addition to all other powers and duties
517	517	conferred by state law which are consistent with the terms and
518	518	conditions of this Compact, the chief law enforcement officer of
519	519	each Member State is empowered to defend the Compact from any legal
520	520	challenge, as well as to seek civil mandatory and prohibitory
521	521	injunctive relief to enforce this Compact; and shall take such
522	522	action whenever the Compact is challenged or violated.
523	523	Section 4. The exclusive venue for all actions in any way
524	524	arising under this Compact shall be in the United States District
525	525	Court for the Northern District of Texas or the courts of the State
526	526	of Texas within the jurisdictional boundaries of the foregoing
527	527	district court. Each Member State shall submit to the jurisdiction
528	528	of said courts with respect to such actions. However, upon written
529	529	request by the chief law enforcement officer of any Member State,
530	530	the Commission may elect to waive this provision for the purpose of
531	531	ensuring an action proceeds in the venue that allows for the most
532	532	convenient and effective enforcement or defense of this Compact.
533	533	Any such waiver shall be limited to the particular action to which
534	534	it is applied and not construed or relied upon as a general waiver
535	535	of this provision. The waiver decisions of the Commission under
536	536	this provision shall be final and binding on each Member State.
537	537	Section 5. The effective date of this Compact and any of its
538	538	Articles is the latter of: (a) the date of any event rendering the
539	539	same effective according to its respective terms and conditions; or
540	540	(b) the earliest date otherwise permitted by law.
541	541	Section 6. Article VIII of this Compact is hereby deemed
542	542	non-severable prior to termination of the Compact. However, if any
543	543	other phrase, clause, sentence or provision of this Compact, or the
544	544	applicability of any other phrase, clause, sentence or provision of
545	545	this Compact to any government, agency, person or circumstance, is
546	546	declared in a final judgment to be contrary to the Constitution of
547	547	the United States, contrary to the state constitution of any Member
548	548	State, or is otherwise held invalid by a court of competent
549	549	jurisdiction, such phrase, clause, sentence or provision shall be
550	550	severed and held for naught, and the validity of the remainder of
551	551	this Compact and the applicability of the remainder of this Compact
552	552	to any government, agency, person or circumstance shall not be
553	553	affected. Furthermore, if this Compact is declared in a final
554	554	judgment by a court of competent jurisdiction to be entirely
555	555	contrary to the state constitution of any Member State or otherwise
556	556	entirely invalid as to any Member State, such Member State shall be
557	557	deemed to have withdrawn from the Compact, and the Compact shall
558	558	remain in full force and effect as to any remaining Member State.
559	559	Finally, if this Compact is declared in a final judgment by a court
560	560	of competent jurisdiction to be wholly or substantially in
561	561	violation of Article I, Section 10, of the Constitution of the
562	562	United States, then it shall be construed and enforced solely as
563	563	reciprocal legislation enacted by the affected Member State(s).
564	564	Section 7. Termination. This Compact shall terminate and be
565	565	held for naught when the Compact is fully performed and the
566	566	Constitution of the United States is amended by the Balanced Budget
567	567	Amendment. However, notwithstanding anything to the contrary set
568	568	forth in this Compact, in the event such amendment does not occur
569	569	within seven (7) years after the first State passes legislation
570	570	enacting, adopting and agreeing to be bound to this Compact, the
571	571	Compact shall terminate as follows: (a) the Commission shall
572	572	dissolve and wind up its operations within ninety (90) days
573	573	thereafter, with the Compact Administrator giving notice of such
574	574	dissolution and the operative effect of this section to the Compact
575	575	Notice Recipients; and (b) upon the completed dissolution of the
576	576	Commission, this Compact shall be deemed terminated, repealed, void
577	577	ab initio, and held for naught.
578	578	SECTION 2. This Act takes effect immediately if it receives
579	579	a vote of two-thirds of all the members elected to each house, as
580	580	provided by Section 39, Article III, Texas Constitution. If this
581	581	Act does not receive the vote necessary for immediate effect, this
582	582	Act takes effect September 1, 2015.