HBA-JEK H.B. 2494 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2494 By: Haggerty Corrections 7/25/2001 Enrolled BACKGROUND AND PURPOSE The Council of State Governments and the National Institute of Corrections have drafted the Interstate Compact for Adult Offender Supervision (interstate 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 interstate compact is currently enacted in 14 states and will become effective if it is adopted into law by 35 states. House Bill 2494 enters Texas into the interstate compact. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. ANALYSIS House Bill 2494 amends the Government Code to enter Texas into and enact as law the Interstate Compact for Adult Offender Supervision (Sec. 510.017). The bill establishes the Texas State Council for Interstate Adult Offender Supervision and sets forth the composition and terms of the council as well as the duties of its executive director (Secs. 510.011-510.013). The bill requires the council to advise the compact administrator and the state's commissioner, both appointed to the council by the governor. In the event that state laws conflict with the compact, the bill provides that the compact controls unless the conflict is between the compact and the Texas Constitution, in which case the Texas Constitution controls (Secs. 510.013, 510.014, and 510.016). H.B. 2494 establishes the Interstate Commission for Adult Offender Supervision (commission) and sets forth its organizational structure, meeting and voting procedures, powers and duties, and provisions regarding the availability of the commission's records to the public and the conditions under which a commission meeting is authorized to be closed to the public. The bill authorizes the commission to promulgate rules, including transition rules and emergency rules, and provides subjects which must be addressed by the rules within 12 months of the commission's first meeting. The bill also authorizes the commission to adopt suitable bylaws to govern the management and operation of the commission (Art. I, Sec. 510.017). The bill sets forth the composition of the commission (SECTION 3). The bill requires the commission to establish uniform procedures to manage the interstate movement of adult offenders in the compacting states and to monitor activities in noncompacting states that may affect compacting states. The bill sets forth that the purpose of the compact is to provide for the promotion of public safety, the rights of victims, and the tracking, supervision, and rehabilitation of offenders (Art. I, Sec. 510.017). H.B. 2494 requires the compacting states to cooperate with the commission and report to the commission on issues or activities of concern to the states. The compact requires the commission to attempt to resolve any disputes or other issues that are subject to the compact that may arise among compacting states or noncompacting states and to enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states (Art. IV, Sec. 510.017). The bill sets forth provisions regarding the commission's finances and requires the commission to pay or provide for the payment of its reasonable expenses. The bill requires the commission to promulgate a rule and to levy on and collect an annual assessment from each compacting state to cover the cost of the commission's internal operations and activities (Art. IX, Sec. 510.017). H.B. 2494 provides that any state is eligible to become a compacting state and that the compact will be effective and binding upon legislative enactment of the compact into law by at least 35 states. The original effective date will be the later of July 1, 2001 or when the 35th state enacts the compact into law. The bill prohibits an amendment from becoming effective and binding unless it is enacted into law by unanimous consent of all of the compacting states (Art. X, Sec. 510.017). The bill sets forth provisions regarding the withdrawal, default, termination, or reinstatement of one of the compacting states and specifies that the provisions of the compact are severable such that, if any part of the compact is deemed unenforceable, the remaining provisions of the compact shall be enforceable (Arts. XI and XII, Sec. 510.017). The bill authorizes the commission, upon majority vote of the compacting states, to issue an advisory opinion regarding a conflict over the interpretation of commission actions. The provisions of this compact are required to be liberally construed to effectuate its purposes (Art. XIII, Sec. 510.017). H.B. 2494 repeals the uniform act for out-of-state probationer and parolee supervision on the first anniversary of the compact's effective date (SECTION 2). EFFECTIVE DATE June 11, 2001.