85R11161 TJB-F     By: Hughes S.B. No. 959       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, 2017.