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  84R1301 TJB-D
 
  By: White of Tyler H.B. No. 1109
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, 2015.