Page:United States Statutes at Large Volume 112 Part 2.djvu/666

 112 STAT. 1550 PUBLIC LAW 105-236—SEPT. 20, 1998 non-host party states if the host state withdraws from the compact or is unable to develop and operate a compact facility. Effective date. "SEC. 7.05. A party state, other than the host state, may withdraw from the compact by repealing the enactment of this compact, but this withdrawal shall not become effective until two years after the effective date of the repealing legislation. During this two-year period the party state will continue to have access to the facility. The withdrawing party shall remain liable for any payments under Sections 4.05(5) and (6) of Article IV that were due during the two-year period, and shall not be entitled to any refund of payments previously made. "SEC. 7.06. Any party state that substantially fails to comply with the terms of the compact or to fulfill its obligations hereunder may have its membership in the compact revoked by a seveneighths vote of the commission following notice that a hearing will be scheduled not less than six monms from the date of the notice. In all other respects, revocation proceedings undertaken by the commission will be subject to the Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), except that a party state may appeal the commission's revocation decision to the United States District Court in accordsince Effective date. with Section 3.06 of Article III. Revocation shall take effect one year from the date such party state receives written notice from Notice. the commission of a final action. Written notice of revocation shall be transmitted immediately following the vote of the commission, by the chair, to the governor of the affected party state, all other governors of party states, and to the United States Congress. Effective date. "SEC. 7.07. This compact shall take effect following its enactment under the laws of the host state and any other party state and theresifter upon the consent of the United States Congress and shall remain in effect until otherwise provided by federal law. If Texas and either Maine or Vermont ratify this compact, the compact shall be in full force and effect as to Texas and the other ratifying state, and this compact shall be interpreted as follows: "(1) Texas and the other ratifying state are the initial party states. "(2) The commission shall consist of two voting members from the other ratifying state and six from Texas. "(3) Each party state is responsible for its pro-rata share of the commission's expenses. "SEC. 7.08. This compact is subject to review by the United States Congress and the withdrawal of the consent of Congress every five years after its effective date, pursuant to federal law. "SEC. 7.09. The host state legislature, with the approval of the governor, shall have the right and authority, without the consent of the non-host party states, to modify the provisions contained in Section 3.04(11) of Article III to comply with Section 402.219(c)(1), Texas Health & Safety Code, as long as the modification does not impsdr the rights of the initial non-host party states. "ARTICLE VIII. CONSTRUCTION AND SEVERABILITY "SEC. 8.01. The provisions of this compact shall be broadly construed to carry out the purposes of the compact, but the sovereign powers of a party shall not be infiinged upon unnecessarily. "SEC. 8.02. This compact does not affect any judicial proceeding pending on the effective date of this compact.

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