SRC-JBJ H.B. 2494 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2494
By: Haggerty (Armbrister)
Criminal Justice
4/30/2001
Engrossed


DIGEST AND PURPOSE 

The Council of State Governments and the National Institute of Corrections
have drafted the Interstate Compact for Adult Offender Supervision
(compact), a new compact for the management, monitoring, and supervision of
adult parolees and probationers who are located in states other than the
state in which they were sentenced.  The compact is currently enacted in 14
states and will become effective if it is adopted into law by 35 states.
H.B. 2494 enters Texas into the interstate compact.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Interstate Commission for
Adult Offender Supervision in SECTION 1 (Section 510.017, Government Code)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4G, Government Code, by adding Chapter 510, as
follows: 

CHAPTER 510.  INTERSTATE COMPACT FOR
ADULT OFFENDER SUPERVISION

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 510.001.  DEFINITIONS.  Defines "commission," "compact," and "state
council." 

Sec. 510.002.  APPLICABILITY OF CHAPTER 2110.  Provides that Chapter 2110
applies to the Texas State Council for Interstate Adult Offender
Supervision (state council), except for Sections 2110.002, 2110.003, and
2110.008. 
 
Sec. 510.003.  ADMINISTRATION.  Provides that the state council and the
Interstate Compact for Adult Offender Supervision (compact) administrator
are administratively attached to the Texas Department of Criminal Justice
(department). 

[Reserves Sections 510.004-510.010 for expansion]

SUBCHAPTER B.  TEXAS STATE COUNCIL FOR INTERSTATE
ADULT OFFENDER SUPERVISION
 
 Sec. 510.011.  ESTABLISHMENT.  Establishes the state council.
 
Sec. 510.012.  COMPOSITION; TERMS.  (a)  Sets forth the composition of the
state council. 
 
  (b)  Sets forth the terms of appointed members of the state council.

Sec. 510.013.  DUTIES OF EXECUTIVE DIRECTOR, EXECUTIVE DIRECTOR'S
DESIGNEE.  Sets forth the duties of the executive director or the executive
director's designee. 

Sec. 510.014.  DUTIES OF COUNCIL.  Requires the council to advise the
compact administrator on the state's participation in the Interstate
Commission for Adult Offender Supervision (commission) activities and the
administration of the compact. 
 
Sec. 510.015.  LIABILITIES FOR CERTAIN COMMISSION AGENTS.  Provides that a
member, officer, executive director, employee, or agent of the commission
acting within the scope of the person's employment or duties is, for the
purposes of acts and omissions occurring within this state, entitled to the
same protections under Chapter 104 (State Liability for Conduct of Public
Servants), Civil Practice and Remedies Code, as an employee, a member of
the governing board, or any other officer of a state agency, institution,
or department. 

Sec. 510.016.  EFFECT ON TEXAS LAWS.  Provides that in the event the laws
of this state conflict with the compact, the compact controls, except that
in the event of a conflict between the compact and the Texas Constitution,
as determined by the courts of this state, the Texas Constitution controls. 

Sec. 510.017.  COMPACT TO BE ENTERED; TEXT.  Sets forth the Interstate
Compact for Adult Offender Supervision and provides that the compact is
hereby entered into and enacted into law. 

SECTION 2.  Repealer: Article 42.11 (Uniform Act for out-of-State
probationer and parolee supervision), Code of Criminal Procedure, effective
on the first anniversary of the date on which the compact, by its own
terms, becomes effective. 

SECTION 3.  Sets forth provisions for the initial appointment of members to
the council, including certain date and term information. 

SECTION 4.  Effective date: upon passage or September 1, 2001.