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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of the Compact for a Balanced Budget. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Government Code, is amended by adding |
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Chapter 793 to read as follows: |
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CHAPTER 793. COMPACT FOR A BALANCED BUDGET |
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Sec. 793.001. EXECUTION OF COMPACT. The State of Texas |
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enacts, adopts and agrees to be bound by the following Compact: |
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ARTICLE I. DECLARATION OF POLICY, PURPOSE AND INTENT |
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Whereas, every State enacting, adopting and agreeing to be |
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bound by this Compact intends to ensure that their respective |
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Legislature's use of the power to originate a Balanced Budget |
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Amendment under Article V of the Constitution of the United States |
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will be exercised conveniently and with reasonable certainty as to |
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the consequences thereof. |
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Now, therefore, in consideration of their expressed mutual |
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promises and obligations, be it enacted by every State enacting, |
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adopting and agreeing to be bound by this Compact, and resolved by |
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each of their respective Legislatures, as the case may be, to |
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exercise herewith all of their respective powers as set forth |
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herein notwithstanding any law to the contrary. |
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ARTICLE II. DEFINITIONS |
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Section 1. "Compact" means this "Compact for a Balanced |
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Budget." |
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Section 2. "Convention" means the convention for proposing |
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amendments organized by this Compact under Article V of the |
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Constitution of the United States and, where contextually |
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appropriate to ensure the terms of this Compact are not evaded, any |
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other similar gathering or body, which might be organized as a |
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consequence of Congress receiving the application set out in this |
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Compact and claim authority to propose or effectuate any amendment, |
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alteration or revision to the Constitution of the United States. |
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This term does not encompass a convention for proposing amendments |
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under Article V of the Constitution of the United States that is |
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organized independently of this Compact based on the separate and |
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distinct application of any State. |
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Section 3. "State" means one of the several States of the |
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United States. Where contextually appropriate, the term "State" |
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shall be construed to include all of its branches, departments, |
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agencies, political subdivisions, and officers and representatives |
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acting in their official capacity. |
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Section 4. "Member State" means a State that has enacted, |
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adopted and agreed to be bound to this Compact. For any State to |
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qualify as a Member State with respect to any other State under this |
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Compact, each such State must have enacted, adopted and agreed to be |
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bound by substantively identical compact legislation. |
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Section 5. "Compact Notice Recipients" means the Archivist of |
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the United States, the President of the United States, the |
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President of the United States Senate, the Office of the Secretary |
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of the United States Senate, the Speaker of the United States House |
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of Representatives, the Office of the Clerk of the United States |
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House of Representatives, the chief executive officer of each |
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State, and the presiding officer(s) of each house of the |
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Legislatures of the several States. |
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Section 6. Notice. All notices required by this Compact shall |
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be by U.S. Certified Mail, return receipt requested, or an |
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equivalent or superior form of notice, such as personal delivery |
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documented by evidence of actual receipt. |
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Section 7. "Balanced Budget Amendment" means the following: |
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"Article _ |
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Section 1. Total outlays of the government of the United |
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States shall not exceed total receipts of the government of the |
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United States at any point in time unless the excess of outlays over |
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receipts is financed exclusively by debt issued in strict |
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conformity with this article. |
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Section 2. Outstanding debt shall not exceed authorized debt, |
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which initially shall be an amount equal to 105 percent of the |
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outstanding debt on the effective date of this article. Authorized |
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debt shall not be increased above its aforesaid initial amount |
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unless such increase is first approved by the legislatures of the |
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several states as provided in Section 3. |
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Section 3. From time to time, Congress may increase |
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authorized debt to an amount in excess of its initial amount set by |
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Section 2 only if it first publicly refers to the legislatures of |
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the several states an unconditional, single subject measure |
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proposing the amount of such increase, in such form as provided by |
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law, and the measure is thereafter publicly and unconditionally |
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approved by a simple majority of the legislatures of the several |
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states, in such form as provided respectively by state law; |
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provided that no inducement requiring an expenditure or tax levy |
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shall be demanded, offered or accepted as a quid pro quo for such |
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approval. If such approval is not obtained within sixty (60) |
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calendar days after referral then the measure shall be deemed |
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disapproved and the authorized debt shall thereby remain unchanged. |
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Section 4. Whenever the outstanding debt exceeds 98 percent |
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of the debt limit set by Section 2, the President shall enforce said |
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limit by publicly designating specific expenditures for |
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impoundment in an amount sufficient to ensure outstanding debt |
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shall not exceed the authorized debt. Said impoundment shall become |
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effective thirty (30) days thereafter, unless Congress first |
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designates an alternate impoundment of the same or greater amount |
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by concurrent resolution, which shall become immediately |
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effective. The failure of the President to designate or enforce the |
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required impoundment is an impeachable misdemeanor. Any purported |
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issuance or incurrence of any debt in excess of the debt limit set |
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by Section 2 is void. |
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Section 5. No bill that provides for a new or increased |
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general revenue tax shall become law unless approved by a |
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two-thirds roll call vote of the whole number of each House of |
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Congress. However, this requirement shall not apply to any bill |
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that provides for a new end user sales tax which would completely |
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replace every existing income tax levied by the government of the |
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United States; or for the reduction or elimination of an exemption, |
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deduction, or credit allowed under an existing general revenue tax. |
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Section 6. For purposes of this article, "debt" means any |
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obligation backed by the full faith and credit of the government of |
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the United States; "outstanding debt" means all debt held in any |
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account and by any entity at a given point in time; "authorized |
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debt" means the maximum total amount of debt that may be lawfully |
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issued and outstanding at any single point in time under this |
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article; "total outlays of the government of the United States" |
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means all expenditures of the government of the United States from |
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any source; "total receipts of the government of the United States" |
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means all tax receipts and other income of the government of the |
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United States, excluding proceeds from its issuance or incurrence |
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of debt or any type of liability; "impoundment" means a proposal not |
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to spend all or part of a sum of money appropriated by Congress; and |
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"general revenue tax" means any income tax, sales tax, or |
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value-added tax levied by the government of the United States |
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excluding imposts and duties. |
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Section 7. This article is immediately operative upon |
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ratification, self-enforcing, and Congress may enact conforming |
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legislation to facilitate enforcement." |
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ARTICLE III. COMPACT MEMBERSHIP AND WITHDRAWAL |
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Section 1. This Compact governs each Member State to the |
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fullest extent permitted by their respective constitutions, |
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superseding and repealing any conflicting or contrary law. |
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Section 2. By becoming a Member State, each such State |
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offers, promises and agrees to perform and comply strictly in |
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accordance with the terms and conditions of this Compact, and has |
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made such offer, promise and agreement in anticipation and |
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consideration of, and in substantial reliance upon, such mutual and |
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reciprocal performance and compliance by each other current and |
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future Member State, if any. Accordingly, in addition to having the |
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force of law in each Member State upon its respective effective |
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date, this Compact and each of its Articles shall also be construed |
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as contractually binding each Member State when: (a) at least one |
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other State has likewise become a Member State by enacting |
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substantively identical legislation adopting and agreeing to be |
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bound by this Compact; and (b) notice of such State's Member State |
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status is or has been seasonably received by the Compact |
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Administrator, if any, or otherwise by the chief executive officer |
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of each other Member State. |
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Section 3. For purposes of determining Member State status |
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under this Compact, as long as all other provisions of the Compact |
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remain identical and operative on the same terms, legislation |
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enacting, adopting and agreeing to be bound by this Compact shall be |
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deemed and regarded as "substantively identical" with respect to |
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such other legislation enacted by another State notwithstanding: |
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(a) any difference in section 2 of Article IV with specific regard |
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to the respectively enacting State's own method of appointing its |
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member to the Commission; (b) any difference in section 5 of Article |
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IV with specific regard to the respectively enacting State's own |
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obligation to fund the Commission; (c) any difference in sections 1 |
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and 2 of Article VI with specific regard to the number and identity |
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of each delegate respectively appointed on behalf of the enacting |
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State, provided that no more than three delegates may attend and |
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participate in the Convention on behalf of any State; or (d) any |
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difference in section 7 of Article X with specific regard to the |
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respectively enacting State as to whether section 1 of Article V of |
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this Compact shall survive termination of the Compact, and |
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thereafter become a continuing resolution of the Legislature of |
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such State applying to Congress for the calling of a convention of |
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the states under Article V of the Constitution of the United States, |
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under such terms and limitations as may be specified by such State. |
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Section 4. When fewer than three-fourths of the States are |
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Member States, any Member State may withdraw from this Compact by |
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enacting appropriate legislation, as determined by state law, and |
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giving notice of such withdrawal to the Compact Administrator, if |
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any, or otherwise to the chief executive officer of each other |
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Member State. A withdrawal shall not affect the validity or |
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applicability of the compact with respect to remaining Member |
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States, provided that there remain at least two such States. |
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However, once at least three-fourths of the States are Member |
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States, then no Member State may withdraw from the Compact prior to |
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its termination absent unanimous consent of all Member States. |
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ARTICLE IV. COMPACT COMMISSION AND COMPACT ADMINISTRATOR |
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Section 1. Nature of the Compact Commission. The Compact |
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Commission ("Commission") is hereby established. It has the power |
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and duty: (a) to appoint and oversee a Compact Administrator; (b) to |
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encourage States to join the Compact and Congress to call the |
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Convention in accordance with this Compact; (c) to coordinate the |
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performance of obligations under the Compact; (d) to oversee the |
|
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Convention's logistical operations as appropriate to ensure this |
|
|
Compact governs its proceedings; (e) to oversee the defense and |
|
|
enforcement of the Compact in appropriate legal venues; (f) to |
|
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request funds and to disburse those funds to support the operations |
|
|
of the Commission, Compact Administrator, and Convention; and (g) |
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to cooperate with any entity that shares a common interest with the |
|
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Commission and engages in policy research, public interest |
|
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litigation or lobbying in support of the purposes of the Compact. |
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The Commission shall only have such implied powers as are essential |
|
|
to carrying out these express powers and duties. It shall take no |
|
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action that contravenes or is inconsistent with this Compact or any |
|
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law of any State that is not superseded by this Compact. It may |
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adopt and publish corresponding bylaws and policies. |
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Section 2. Commission Membership. The Commission initially |
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consists of three unpaid members. Each Member State may appoint one |
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member to the Commission through an appointment process to be |
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|
determined by their respective chief executive officer until all |
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positions on the Commission are filled. Positions shall be assigned |
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to appointees in the order in which their respective appointing |
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|
States became Member States. The bylaws of the Commission may |
|
|
expand its membership to include representatives of additional |
|
|
Member States and to allow for modest salaries and reimbursement of |
|
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expenses if adequate funding exists. |
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Section 3. Commission Action. Each Commission member is |
|
|
entitled to one vote. The Commission shall not act unless a majority |
|
|
of its appointed membership is present, and no action shall be |
|
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binding unless approved by a majority of the Commission's appointed |
|
|
membership. The Commission shall meet at least once a year, and may |
|
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meet more frequently. |
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Section 4. First Order of Business. The Commission shall at |
|
|
the earliest possible time elect from among its membership a |
|
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Chairperson, determine a primary place of doing business, and |
|
|
appoint a Compact Administrator. |
|
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Section 5. Funding. The Commission and the Compact |
|
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Administrator's activities shall be funded exclusively by each |
|
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Member State, as determined by their respective state law, or by |
|
|
voluntary donations. |
|
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Section 6. Compact Administrator. The Compact Administrator |
|
|
has the power and duty: (a) to timely notify the States of the date, |
|
|
time and location of the Convention; (b) to organize and direct the |
|
|
logistical operations of the Convention; (c) to maintain an |
|
|
accurate list of all Member States, their appointed delegates, |
|
|
including contact information; and (d) to formulate, transmit, and |
|
|
maintain all official notices, records, and communications |
|
|
relating to this Compact. The Compact Administrator shall only have |
|
|
such implied powers as are essential to carrying out these express |
|
|
powers and duties; and shall take no action that contravenes or is |
|
|
inconsistent with this Compact or any law of any State that is not |
|
|
superseded by this Compact. The Compact Administrator serves at the |
|
|
pleasure of the Commission and must keep the Commission seasonably |
|
|
apprised of the performance or nonperformance of the terms and |
|
|
conditions of this Compact. Any notice sent by a Member State to the |
|
|
Compact Administrator concerning this Compact shall be adequate |
|
|
notice to each other Member State provided that a copy of said |
|
|
notice is seasonably delivered by the Compact Administrator to each |
|
|
other Member State's respective chief executive officer. |
|
|
Section 7. Notice of Key Events. Upon the occurrence of each |
|
|
of the following described events, or otherwise as soon as |
|
|
possible, the Compact Administrator shall immediately send the |
|
|
following notices to all Compact Notice Recipients, together with |
|
|
certified conforming copies of the chaptered version of this |
|
|
Compact as maintained in the statutes of each Member State: (a) |
|
|
whenever any State becomes a Member State, notice of that fact shall |
|
|
be given; (b) once at least three-fourths of the States are Member |
|
|
States, notice of that fact shall be given together with a statement |
|
|
declaring that the Legislatures of at least two-thirds of the |
|
|
several States have applied for a convention for proposing |
|
|
amendments under Article V of the Constitution of the United |
|
|
States, petitioning Congress to call the Convention contemplated by |
|
|
this Compact, and further requesting cooperation in organizing the |
|
|
same in accordance with this Compact; (c) once Congress has called |
|
|
the Convention contemplated by this Compact, and whenever the date, |
|
|
time and location of the Convention has been determined, notice of |
|
|
that fact shall be given together with the date, time and location |
|
|
of the Convention and other essential logistical matters; (d) upon |
|
|
approval of the Balanced Budget Amendment by the Convention, notice |
|
|
of that fact shall be given together with the transmission of |
|
|
certified copies of such approved proposed amendment and a |
|
|
statement requesting Congress to refer the same for ratification by |
|
|
three-fourths of the Legislatures of the several States under |
|
|
Article V of the Constitution of the United States (however, in no |
|
|
event shall any proposed amendment other than the Balanced Budget |
|
|
Amendment be transmitted); and (e) when any Article of this Compact |
|
|
prospectively ratifying the Balanced Budget Amendment is effective |
|
|
in any Member State, notice of the same shall be given together with |
|
|
a statement declaring such ratification and further requesting |
|
|
cooperation in ensuring that the official record confirms and |
|
|
reflects the effective corresponding amendment to the Constitution |
|
|
of the United States. However, whenever any Member State enacts |
|
|
appropriate legislation, as determined by the laws of the |
|
|
respective state, withdrawing from this Compact, the Compact |
|
|
Administrator shall immediately send certified conforming copies |
|
|
of the chaptered version of such withdrawal legislation as |
|
|
maintained in the statutes of each such withdrawing Member State, |
|
|
solely to each chief executive officer of each remaining Member |
|
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State, giving notice of such withdrawal. |
|
|
Section 8. Cooperation. The Commission, Member States and |
|
|
Compact Administrator shall cooperate with each other and give each |
|
|
other mutual assistance in enforcing this Compact and shall give |
|
|
the chief law enforcement officer of each other Member State any |
|
|
information or documents that are reasonably necessary to |
|
|
facilitate the enforcement of this Compact. |
|
|
Section 9. This Article does not take effect until there are |
|
|
at least two Member States. |
|
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ARTICLE V. RESOLUTION APPLYING FOR CONVENTION |
|
|
Section 1. Be it resolved, as provided for in Article V of the |
|
|
Constitution of the United States, the Legislature of each Member |
|
|
State herewith applies to Congress for the calling of a convention |
|
|
for proposing amendments limited to the subject matter of proposing |
|
|
for ratification the Balanced Budget Amendment. |
|
|
Section 2. Congress is further petitioned to refer the |
|
|
Balanced Budget Amendment to the States for ratification by |
|
|
three-fourths of their respective Legislatures. |
|
|
Section 3. This Article does not take effect until at least |
|
|
three-fourths of the several States are Member States. |
|
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ARTICLE VI. DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS |
|
|
Section 1. Number of Delegates. This Member State is entitled |
|
|
to three delegates to represent the state's interests at the |
|
|
Convention. |
|
|
Section 2. Identity of Delegates. The Governor, Speaker of |
|
|
the House of Representatives, and Lieutenant Governor, or their |
|
|
respective designees, are appointed to represent this Member State |
|
|
at the Convention as its exclusive delegates. |
|
|
Section 3. Replacement or Recall of Delegates. A delegate |
|
|
appointed hereunder may be replaced or recalled by the Legislature |
|
|
of his or her respective State at any time for good cause, such as |
|
|
criminal misconduct or the violation of this Compact. If replaced |
|
|
or recalled, any delegate previously appointed hereunder must |
|
|
immediately vacate the Convention and return to their respective |
|
|
State's capitol. |
|
|
Section 4. Oath. The power and authority of a delegate under |
|
|
this Article may only be exercised after the Convention is first |
|
|
called by Congress in accordance with this Compact and such |
|
|
appointment is duly accepted by such appointee publicly taking the |
|
|
following oath or affirmation: "I do solemnly swear (or affirm) |
|
|
that I accept this appointment and will act strictly in accordance |
|
|
with the terms and conditions of the Compact for a Balanced Budget, |
|
|
the Constitution of the State I represent, and the Constitution of |
|
|
the United States. I understand that violating this oath (or |
|
|
affirmation) forfeits my appointment and may subject me to other |
|
|
penalties as provided by law." |
|
|
Section 5. Term. The term of a delegate hereunder commences |
|
|
upon acceptance of appointment and terminates upon the permanent |
|
|
adjournment of the Convention, unless shortened by recall, |
|
|
replacement or forfeiture under this Article. Upon expiration of |
|
|
such term, any person formerly serving as a delegate must |
|
|
immediately withdraw from and cease participation at the |
|
|
Convention, if any is proceeding. |
|
|
Section 6. Delegate Authority. The power and authority of any |
|
|
delegate appointed hereunder is strictly limited: (a) to |
|
|
introducing, debating, voting upon, proposing and enforcing the |
|
|
Convention Rules specified in this Compact, as needed to ensure |
|
|
those rules govern the Convention; and (b) to introducing, |
|
|
debating, voting upon, and rejecting or proposing for ratification |
|
|
the Balanced Budget Amendment. All actions taken by any delegate in |
|
|
violation of this section are void ab initio. |
|
|
Section 7. Delegate Authority. No delegate of any Member |
|
|
State may introduce, debate, vote upon, reject or propose for |
|
|
ratification any constitutional amendment at the Convention |
|
|
unless: (a) the Convention Rules specified in this Compact govern |
|
|
the Convention and their actions; and (b) the constitutional |
|
|
amendment is the Balanced Budget Amendment. |
|
|
Section 8. Delegate Authority. The power and authority of any |
|
|
delegate at the Convention does not include any power or authority |
|
|
associated with any other public office held by the delegate. Any |
|
|
person appointed to serve as a delegate shall take a temporary leave |
|
|
of absence, or otherwise shall be deemed temporarily disabled, from |
|
|
any other public office held by the delegate while attending the |
|
|
Convention, and may not exercise any power or authority associated |
|
|
with any other public office held by the delegate, while attending |
|
|
the Convention. All actions taken by any delegate in violation of |
|
|
this section are void ab initio. |
|
|
Section 9. Order of Business. Before introducing, debating, |
|
|
voting upon, rejecting or proposing for ratification any |
|
|
constitutional amendment at the Convention, each delegate of every |
|
|
Member State must first ensure the Convention Rules in this Compact |
|
|
govern the Convention and their actions. Every delegate and each |
|
|
Member State must immediately vacate the Convention and notify the |
|
|
Compact Administrator by the most effective and expeditious means |
|
|
if the Convention Rules in this Compact are not adopted to govern |
|
|
the Convention and their actions. |
|
|
Section 10. Forfeiture of Appointment. If any Member State or |
|
|
delegate violates any provision of this Compact, then every |
|
|
delegate of that Member State immediately forfeits his or her |
|
|
appointment, and shall immediately cease participation at the |
|
|
Convention, vacate the Convention, and return to his or her |
|
|
respective State's capitol. |
|
|
Section 11. Expenses. A delegate appointed hereunder is |
|
|
entitled to reimbursement of reasonable expenses for attending the |
|
|
Convention from his or her respective Member State. No delegate may |
|
|
accept any other form of remuneration or compensation for service |
|
|
under this Compact. |
|
|
ARTICLE VII. CONVENTION RULES |
|
|
Section 1. Nature of the Convention. The Convention shall be |
|
|
organized, construed and conducted as a body exclusively |
|
|
representing and constituted by the several States. |
|
|
Section 2. Agenda of the Convention. The agenda of the |
|
|
Convention shall be entirely focused upon and exclusively limited |
|
|
to introducing, debating, voting upon, and rejecting or proposing |
|
|
for ratification the Balanced Budget Amendment under the Convention |
|
|
Rules specified in this Article and in accordance with the Compact. |
|
|
It shall not be in order for the Convention to consider any matter |
|
|
that is outside the scope of this agenda. |
|
|
Section 3. Delegate Identity and Procedure. States shall be |
|
|
represented at the Convention through duly appointed delegates. The |
|
|
number, identity and authority of delegates assigned to each State |
|
|
shall be determined by this Compact in the case of Member States or, |
|
|
in the case of States that are not Member States, by their |
|
|
respective state laws. However, to prevent disruption of |
|
|
proceedings, no more than three delegates may attend and |
|
|
participate in the Convention on behalf of any State. A certified |
|
|
chaptered conforming copy of this Compact, together with |
|
|
government-issued photographic proof of identification, shall |
|
|
suffice as credentials for delegates of Member States. Any |
|
|
commission for delegates of States that are not Member States shall |
|
|
be based on their respective state laws, but it shall furnish |
|
|
credentials that are at least as reliable as those required of |
|
|
Member States. |
|
|
Section 4. Voting. Each State represented at the Convention |
|
|
shall have one vote, exercised by the vote of that State's delegate |
|
|
in the case of States represented by one delegate, or, in the case |
|
|
of any State that is represented by more than one delegate, by the |
|
|
majority vote of that State's respective delegates. |
|
|
Section 5. Quorum. A majority of the several States of the |
|
|
United States, each present through its respective delegate in the |
|
|
case of any State that is represented by one delegate, or through a |
|
|
majority of its respective delegates, in the case of any State that |
|
|
is represented by more than one delegate, shall constitute a quorum |
|
|
for the transaction of any business on behalf of the Convention. |
|
|
Section 6. Action by the Convention. The Convention shall |
|
|
only act as a committee of the whole, chaired by the delegate |
|
|
representing the first State to have become a Member State, if that |
|
|
State is represented by one delegate, or otherwise by the delegate |
|
|
chosen by the majority vote of that State's respective delegates. |
|
|
The transaction of any business on behalf of the Convention, |
|
|
including the designation of a Secretary, the adoption of |
|
|
parliamentary procedures and the rejection or proposal of any |
|
|
constitutional amendment, requires a quorum to be present and a |
|
|
majority affirmative vote of those States constituting the quorum. |
|
|
Section 7. Emergency Suspension and Relocation of the |
|
|
Convention. In the event that the Chair of the Convention declares |
|
|
an emergency due to disorder or an imminent threat to public health |
|
|
and safety prior to the completion of the business on the Agenda, |
|
|
and a majority of the States present at the Convention do not object |
|
|
to such declaration, further Convention proceedings shall be |
|
|
temporarily suspended, and the Commission shall subsequently |
|
|
relocate or reschedule the Convention to resume proceedings in an |
|
|
orderly fashion in accordance with the terms and conditions of this |
|
|
Compact with prior notice given to the Compact Notice Recipients. |
|
|
Section 8. Parliamentary Procedure. In adopting, applying |
|
|
and formulating parliamentary procedure, the Convention shall |
|
|
exclusively adopt, apply or appropriately adapt provisions of the |
|
|
most recent editions of Robert's Rules of Order and the American |
|
|
Institute of Parliamentarians Standard Code of Parliamentary |
|
|
Procedure. In adopting, applying or adapting parliamentary |
|
|
procedure, the Convention shall exclusively consider analogous |
|
|
precedent arising within the jurisdiction of the United States. |
|
|
Parliamentary procedures adopted, applied or adapted pursuant to |
|
|
this section shall not obstruct, override or otherwise conflict |
|
|
with this Compact. |
|
|
Section 9. Transmittal. Upon approval of the Balanced Budget |
|
|
Amendment by the Convention to propose for ratification, the Chair |
|
|
of the Convention shall immediately transmit certified copies of |
|
|
such approved proposed amendment to the Compact Administrator and |
|
|
all Compact Notice Recipients, notifying them respectively of such |
|
|
approval and requesting Congress to refer the same for ratification |
|
|
by the States under Article V of the Constitution of the United |
|
|
States. However, in no event shall any proposed amendment other |
|
|
than the Balanced Budget Amendment be transmitted as aforesaid. |
|
|
Section 10. Transparency. Records of the Convention, |
|
|
including the identities of all attendees and detailed minutes of |
|
|
all proceedings, shall be kept by the Chair of the Convention or |
|
|
Secretary designated by the Convention. All proceedings and records |
|
|
of the Convention shall be open to the public upon request subject |
|
|
to reasonable regulations adopted by the Convention that are |
|
|
closely tailored to preventing disruption of proceedings under this |
|
|
Article. |
|
|
Section 11. Adjournment of the Convention. The Convention |
|
|
shall permanently adjourn upon the earlier of twenty-four (24) |
|
|
hours after commencing proceedings under this Article or the |
|
|
completion of the business on its Agenda. |
|
|
ARTICLE VIII. PROHIBITION ON ULTRA VIRES CONVENTION |
|
|
Section 1. Member States shall not participate in the |
|
|
Convention unless: (a) Congress first calls the Convention in |
|
|
accordance with this Compact; and (b) the Convention Rules of this |
|
|
Compact are adopted by the Convention as its first order of |
|
|
business. |
|
|
Section 2. Any proposal or action of the Convention is void ab |
|
|
initio and issued by a body that is conducting itself in an unlawful |
|
|
and ultra vires fashion if that proposal or action: (a) violates or |
|
|
was approved in violation of the Convention Rules or the delegate |
|
|
instructions and limitations on delegate authority specified in |
|
|
this Compact; (b) purports to propose or effectuate a mode of |
|
|
ratification that is not specified in Article V of the Constitution |
|
|
of the United States; or (c) purports to propose or effectuate the |
|
|
formation of a new government. All Member States are prohibited |
|
|
from advancing or assisting in the advancement of any such proposal |
|
|
or action. |
|
|
Section 3. Member States shall not ratify or otherwise |
|
|
approve any proposed amendment, alteration or revision to the |
|
|
Constitution of the United States, which originates from the |
|
|
Convention, other than the Balanced Budget Amendment. |
|
|
ARTICLE IX. RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET |
|
|
AMENDMENT |
|
|
Section 1. Each Member State, by and through its respective |
|
|
Legislature, hereby adopts and ratifies the Balanced Budget |
|
|
Amendment. |
|
|
Section 2. This Article does not take effect until Congress |
|
|
effectively refers the Balanced Budget Amendment to the States for |
|
|
ratification by three-fourths of the Legislatures of the several |
|
|
States under Article V of the Constitution of the United States. |
|
|
ARTICLE X. CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY |
|
|
Section 1. To the extent that the effectiveness of this |
|
|
Compact or any of its Articles or provisions requires the |
|
|
alteration of local legislative rules, drafting policies, or |
|
|
procedure to be effective, the enactment of legislation enacting, |
|
|
adopting and agreeing to be bound by this Compact shall be deemed to |
|
|
waive, repeal, supersede, or otherwise amend and conform all such |
|
|
rules, policies or procedures to allow for the effectiveness of |
|
|
this Compact to the fullest extent permitted by the constitution of |
|
|
any affected Member State. |
|
|
Section 2. Date and Location of the Convention. Unless |
|
|
otherwise specified by Congress in its call, the Convention shall |
|
|
be held in Dallas, Texas and commence proceedings at 9:00 a.m. |
|
|
Central Standard Time on the sixth Wednesday after the latter of the |
|
|
effective date of Article V of this Compact or the enactment date of |
|
|
the Congressional resolution calling the Convention. |
|
|
Section 3. In addition to all other powers and duties |
|
|
conferred by state law which are consistent with the terms and |
|
|
conditions of this Compact, the chief law enforcement officer of |
|
|
each Member State is empowered to defend the Compact from any legal |
|
|
challenge, as well as to seek civil mandatory and prohibitory |
|
|
injunctive relief to enforce this Compact; and shall take such |
|
|
action whenever the Compact is challenged or violated. |
|
|
Section 4. The exclusive venue for all actions in any way |
|
|
arising under this Compact shall be in the United States District |
|
|
Court for the Northern District of Texas or the courts of the State |
|
|
of Texas within the jurisdictional boundaries of the foregoing |
|
|
district court. Each Member State shall submit to the jurisdiction |
|
|
of said courts with respect to such actions. However, upon written |
|
|
request by the chief law enforcement officer of any Member State, |
|
|
the Commission may elect to waive this provision for the purpose of |
|
|
ensuring an action proceeds in the venue that allows for the most |
|
|
convenient and effective enforcement or defense of this Compact. |
|
|
Any such waiver shall be limited to the particular action to which |
|
|
it is applied and not construed or relied upon as a general waiver |
|
|
of this provision. The waiver decisions of the Commission under |
|
|
this provision shall be final and binding on each Member State. |
|
|
Section 5. The effective date of this Compact and any of its |
|
|
Articles is the latter of: (a) the date of any event rendering the |
|
|
same effective according to its respective terms and conditions; or |
|
|
(b) the earliest date otherwise permitted by law. |
|
|
Section 6. Article VIII of this Compact is hereby deemed |
|
|
non-severable prior to termination of the Compact. However, if any |
|
|
other phrase, clause, sentence or provision of this Compact, or the |
|
|
applicability of any other phrase, clause, sentence or provision of |
|
|
this Compact to any government, agency, person or circumstance, is |
|
|
declared in a final judgment to be contrary to the Constitution of |
|
|
the United States, contrary to the state constitution of any Member |
|
|
State, or is otherwise held invalid by a court of competent |
|
|
jurisdiction, such phrase, clause, sentence or provision shall be |
|
|
severed and held for naught, and the validity of the remainder of |
|
|
this Compact and the applicability of the remainder of this Compact |
|
|
to any government, agency, person or circumstance shall not be |
|
|
affected. Furthermore, if this Compact is declared in a final |
|
|
judgment by a court of competent jurisdiction to be entirely |
|
|
contrary to the state constitution of any Member State or otherwise |
|
|
entirely invalid as to any Member State, such Member State shall be |
|
|
deemed to have withdrawn from the Compact, and the Compact shall |
|
|
remain in full force and effect as to any remaining Member State. |
|
|
Finally, if this Compact is declared in a final judgment by a court |
|
|
of competent jurisdiction to be wholly or substantially in |
|
|
violation of Article I, Section 10, of the Constitution of the |
|
|
United States, then it shall be construed and enforced solely as |
|
|
reciprocal legislation enacted by the affected Member State(s). |
|
|
Section 7. Termination. This Compact shall terminate and be |
|
|
held for naught when the Compact is fully performed and the |
|
|
Constitution of the United States is amended by the Balanced Budget |
|
|
Amendment. However, notwithstanding anything to the contrary set |
|
|
forth in this Compact, in the event such amendment does not occur |
|
|
within seven (7) years after the first State passes legislation |
|
|
enacting, adopting and agreeing to be bound to this Compact, the |
|
|
Compact shall terminate as follows: (a) the Commission shall |
|
|
dissolve and wind up its operations within ninety (90) days |
|
|
thereafter, with the Compact Administrator giving notice of such |
|
|
dissolution and the operative effect of this section to the Compact |
|
|
Notice Recipients; and (b) upon the completed dissolution of the |
|
|
Commission, this Compact shall be deemed terminated, repealed, void |
|
|
ab initio, and held for naught. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |
|
|
|
|
|
* * * * * |