Bill Text: TX SB959 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the adoption of the Compact for a Balanced Budget.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-05-15 - Not again placed on intent calendar [SB959 Detail]
Download: Texas-2017-SB959-Introduced.html
Bill Title: Relating to the adoption of the Compact for a Balanced Budget.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-05-15 - Not again placed on intent calendar [SB959 Detail]
Download: Texas-2017-SB959-Introduced.html
85R11161 TJB-F | ||
By: Hughes | S.B. No. 959 |
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relating to the adoption of the Compact for a Balanced Budget. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 7, Government Code, is amended by adding | ||
Chapter 793 to read as follows: | ||
CHAPTER 793. COMPACT FOR A BALANCED BUDGET | ||
Sec. 793.001. EXECUTION OF COMPACT. The State of Texas | ||
enacts, adopts and agrees to be bound by the following Compact: | ||
ARTICLE I. DECLARATION OF POLICY, PURPOSE AND INTENT | ||
Whereas, every State enacting, adopting and agreeing to be | ||
bound by this Compact intends to ensure that their respective | ||
Legislature's use of the power to originate a Balanced Budget | ||
Amendment under Article V of the Constitution of the United States | ||
will be exercised conveniently and with reasonable certainty as to | ||
the consequences thereof. | ||
Now, therefore, in consideration of their expressed mutual | ||
promises and obligations, be it enacted by every State enacting, | ||
adopting and agreeing to be bound by this Compact, and resolved by | ||
each of their respective Legislatures, as the case may be, to | ||
exercise herewith all of their respective powers as set forth | ||
herein notwithstanding any law to the contrary. | ||
ARTICLE II. DEFINITIONS | ||
Section 1. "Compact" means this "Compact for a Balanced | ||
Budget." | ||
Section 2. "Convention" means the convention for proposing | ||
amendments organized by this Compact under Article V of the | ||
Constitution of the United States and, where contextually | ||
appropriate to ensure the terms of this Compact are not evaded, any | ||
other similar gathering or body, which might be organized as a | ||
consequence of Congress receiving the application set out in this | ||
Compact and claim authority to propose or effectuate any amendment, | ||
alteration or revision to the Constitution of the United States. | ||
This term does not encompass a convention for proposing amendments | ||
under Article V of the Constitution of the United States that is | ||
organized independently of this Compact based on the separate and | ||
distinct application of any State. | ||
Section 3. "State" means one of the several States of the | ||
United States. Where contextually appropriate, the term "State" | ||
shall be construed to include all of its branches, departments, | ||
agencies, political subdivisions, and officers and representatives | ||
acting in their official capacity. | ||
Section 4. "Member State" means a State that has enacted, | ||
adopted and agreed to be bound to this Compact. For any State to | ||
qualify as a Member State with respect to any other State under this | ||
Compact, each such State must have enacted, adopted and agreed to be | ||
bound by substantively identical compact legislation. | ||
Section 5. "Compact Notice Recipients" means the Archivist of | ||
the United States, the President of the United States, the | ||
President of the United States Senate, the Office of the Secretary | ||
of the United States Senate, the Speaker of the United States House | ||
of Representatives, the Office of the Clerk of the United States | ||
House of Representatives, the chief executive officer of each | ||
State, and the presiding officer(s) of each house of the | ||
Legislatures of the several States. | ||
Section 6. Notice. All notices required by this Compact shall | ||
be by U.S. Certified Mail, return receipt requested, or an | ||
equivalent or superior form of notice, such as personal delivery | ||
documented by evidence of actual receipt. | ||
Section 7. "Balanced Budget Amendment" means the following: | ||
"Article _ | ||
Section 1. Total outlays of the government of the United | ||
States shall not exceed total receipts of the government of the | ||
United States at any point in time unless the excess of outlays over | ||
receipts is financed exclusively by debt issued in strict | ||
conformity with this article. | ||
Section 2. Outstanding debt shall not exceed authorized debt, | ||
which initially shall be an amount equal to 105 percent of the | ||
outstanding debt on the effective date of this article. Authorized | ||
debt shall not be increased above its aforesaid initial amount | ||
unless such increase is first approved by the legislatures of the | ||
several states as provided in Section 3. | ||
Section 3. From time to time, Congress may increase | ||
authorized debt to an amount in excess of its initial amount set by | ||
Section 2 only if it first publicly refers to the legislatures of | ||
the several states an unconditional, single subject measure | ||
proposing the amount of such increase, in such form as provided by | ||
law, and the measure is thereafter publicly and unconditionally | ||
approved by a simple majority of the legislatures of the several | ||
states, in such form as provided respectively by state law; | ||
provided that no inducement requiring an expenditure or tax levy | ||
shall be demanded, offered or accepted as a quid pro quo for such | ||
approval. If such approval is not obtained within sixty (60) | ||
calendar days after referral then the measure shall be deemed | ||
disapproved and the authorized debt shall thereby remain unchanged. | ||
Section 4. Whenever the outstanding debt exceeds 98 percent | ||
of the debt limit set by Section 2, the President shall enforce said | ||
limit by publicly designating specific expenditures for | ||
impoundment in an amount sufficient to ensure outstanding debt | ||
shall not exceed the authorized debt. Said impoundment shall become | ||
effective thirty (30) days thereafter, unless Congress first | ||
designates an alternate impoundment of the same or greater amount | ||
by concurrent resolution, which shall become immediately | ||
effective. The failure of the President to designate or enforce the | ||
required impoundment is an impeachable misdemeanor. Any purported | ||
issuance or incurrence of any debt in excess of the debt limit set | ||
by Section 2 is void. | ||
Section 5. No bill that provides for a new or increased | ||
general revenue tax shall become law unless approved by a | ||
two-thirds roll call vote of the whole number of each House of | ||
Congress. However, this requirement shall not apply to any bill | ||
that provides for a new end user sales tax which would completely | ||
replace every existing income tax levied by the government of the | ||
United States; or for the reduction or elimination of an exemption, | ||
deduction, or credit allowed under an existing general revenue tax. | ||
Section 6. For purposes of this article, "debt" means any | ||
obligation backed by the full faith and credit of the government of | ||
the United States; "outstanding debt" means all debt held in any | ||
account and by any entity at a given point in time; "authorized | ||
debt" means the maximum total amount of debt that may be lawfully | ||
issued and outstanding at any single point in time under this | ||
article; "total outlays of the government of the United States" | ||
means all expenditures of the government of the United States from | ||
any source; "total receipts of the government of the United States" | ||
means all tax receipts and other income of the government of the | ||
United States, excluding proceeds from its issuance or incurrence | ||
of debt or any type of liability; "impoundment" means a proposal not | ||
to spend all or part of a sum of money appropriated by Congress; and | ||
"general revenue tax" means any income tax, sales tax, or | ||
value-added tax levied by the government of the United States | ||
excluding imposts and duties. | ||
Section 7. This article is immediately operative upon | ||
ratification, self-enforcing, and Congress may enact conforming | ||
legislation to facilitate enforcement." | ||
ARTICLE III. COMPACT MEMBERSHIP AND WITHDRAWAL | ||
Section 1. This Compact governs each Member State to the | ||
fullest extent permitted by their respective constitutions, | ||
superseding and repealing any conflicting or contrary law. | ||
Section 2. By becoming a Member State, each such State | ||
offers, promises and agrees to perform and comply strictly in | ||
accordance with the terms and conditions of this Compact, and has | ||
made such offer, promise and agreement in anticipation and | ||
consideration of, and in substantial reliance upon, such mutual and | ||
reciprocal performance and compliance by each other current and | ||
future Member State, if any. Accordingly, in addition to having the | ||
force of law in each Member State upon its respective effective | ||
date, this Compact and each of its Articles shall also be construed | ||
as contractually binding each Member State when: (a) at least one | ||
other State has likewise become a Member State by enacting | ||
substantively identical legislation adopting and agreeing to be | ||
bound by this Compact; and (b) notice of such State's Member State | ||
status is or has been seasonably received by the Compact | ||
Administrator, if any, or otherwise by the chief executive officer | ||
of each other Member State. | ||
Section 3. For purposes of determining Member State status | ||
under this Compact, as long as all other provisions of the Compact | ||
remain identical and operative on the same terms, legislation | ||
enacting, adopting and agreeing to be bound by this Compact shall be | ||
deemed and regarded as "substantively identical" with respect to | ||
such other legislation enacted by another State notwithstanding: | ||
(a) any difference in section 2 of Article IV with specific regard | ||
to the respectively enacting State's own method of appointing its | ||
member to the Commission; (b) any difference in section 5 of Article | ||
IV with specific regard to the respectively enacting State's own | ||
obligation to fund the Commission; (c) any difference in sections 1 | ||
and 2 of Article VI with specific regard to the number and identity | ||
of each delegate respectively appointed on behalf of the enacting | ||
State, provided that no more than three delegates may attend and | ||
participate in the Convention on behalf of any State; or (d) any | ||
difference in section 7 of Article X with specific regard to the | ||
respectively enacting State as to whether section 1 of Article V of | ||
this Compact shall survive termination of the Compact, and | ||
thereafter become a continuing resolution of the Legislature of | ||
such State applying to Congress for the calling of a convention of | ||
the states under Article V of the Constitution of the United States, | ||
under such terms and limitations as may be specified by such State. | ||
Section 4. When fewer than three-fourths of the States are | ||
Member States, any Member State may withdraw from this Compact by | ||
enacting appropriate legislation, as determined by state law, and | ||
giving notice of such withdrawal to the Compact Administrator, if | ||
any, or otherwise to the chief executive officer of each other | ||
Member State. A withdrawal shall not affect the validity or | ||
applicability of the compact with respect to remaining Member | ||
States, provided that there remain at least two such States. | ||
However, once at least three-fourths of the States are Member | ||
States, then no Member State may withdraw from the Compact prior to | ||
its termination absent unanimous consent of all Member States. | ||
ARTICLE IV. COMPACT COMMISSION AND COMPACT ADMINISTRATOR | ||
Section 1. Nature of the Compact Commission. The Compact | ||
Commission ("Commission") is hereby established. It has the power | ||
and duty: (a) to appoint and oversee a Compact Administrator; (b) to | ||
encourage States to join the Compact and Congress to call the | ||
Convention in accordance with this Compact; (c) to coordinate the | ||
performance of obligations under the Compact; (d) to oversee the | ||
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 | ||
request funds and to disburse those funds to support the operations | ||
of the Commission, Compact Administrator, and Convention; and (g) | ||
to cooperate with any entity that shares a common interest with the | ||
Commission and engages in policy research, public interest | ||
litigation or lobbying in support of the purposes of the Compact. | ||
The Commission shall only have such implied powers as are essential | ||
to carrying out these express powers and duties. It 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. It may | ||
adopt and publish corresponding bylaws and policies. | ||
Section 2. Commission Membership. The Commission initially | ||
consists of three unpaid members. Each Member State may appoint one | ||
member to the Commission through an appointment process to be | ||
determined by their respective chief executive officer until all | ||
positions on the Commission are filled. Positions shall be assigned | ||
to appointees in the order in which their respective appointing | ||
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 | ||
expenses if adequate funding exists. | ||
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 | ||
binding unless approved by a majority of the Commission's appointed | ||
membership. The Commission shall meet at least once a year, and may | ||
meet more frequently. | ||
Section 4. First Order of Business. The Commission shall at | ||
the earliest possible time elect from among its membership a | ||
Chairperson, determine a primary place of doing business, and | ||
appoint a Compact Administrator. | ||
Section 5. Funding. The Commission and the Compact | ||
Administrator's activities shall be funded exclusively by each | ||
Member State, as determined by their respective state law, or by | ||
voluntary donations. | ||
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 | ||
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. | ||
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. | ||
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. |