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


Senate Research CenterC.S.H.B. 2494
77R13858 GWK-FBy: Haggerty (Armbrister)
Criminal Justice
5/3/2001
Committee Report (Substituted)


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.
C.S.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, the
Interstate Compact for Adult Offender Supervision (compact) administrator,
and the state's commissioner to the Interstate Commission for Adult
Offender Supervision (commission) 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.  Requires the governor to designate one member of the state
council as the presiding officer of the state council, and provides that
the presiding officer serves in that capacity at the pleasure of the
governor.  Requires the governor to appoint the state's compact
administrator and the state's commissioner to the commission, and
authorizes the governor to appoint one person as administrator and one
person as commissioner or one person to be both administrator and
commissioner.  Provides that the person or persons, as appropriate, serve
at the pleasure of the governor. 

Sec. 510.014.  DUTIES OF COUNCIL.  Requires the council to advise the
compact administrator and the state's commissioner to the commission on the
state's participation in the commission activities and the administration
of the compact. 
 
Sec. 510.015.  LIABILITIES FOR CERTAIN COMMISSION AGENTS.  Provides that
the compact administrator, the state's commissioner to the commission, and
each 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by amending previously proposed
provisions regarding certain official's attachment to the Texas Department
of Criminal Justice.  Amends previously proposed provisions regarding the
designation, appointment and duties of certain officials.  Amends
previously proposed provisions regarding the limited liability of certain
persons.  Amends previously proposed provisions regarding certain voting
procedures.  Makes conforming and nonsubstantive changes. 

SECTIONS 2 - 4.  No changes.