1-1 AN ACT
1-2 relating to the ratification of the Interstate Compact for Adult
1-3 Offender Supervision.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 4, Government Code, is amended
1-6 by adding Chapter 510 to read as follows:
1-7 CHAPTER 510. INTERSTATE COMPACT FOR
1-8 ADULT OFFENDER SUPERVISION
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 510.001. DEFINITIONS. In this chapter:
1-11 (1) "Commission" means the Interstate Commission for
1-12 Adult Offender Supervision.
1-13 (2) "Compact" means the Interstate Compact for Adult
1-14 Offender Supervision.
1-15 (3) "State council" means the Texas State Council for
1-16 Interstate Adult Offender Supervision.
1-17 Sec. 510.002. APPLICABILITY OF CHAPTER 2110. Chapter 2110
1-18 applies to the state council, except for Sections 2110.002,
1-19 2110.003, and 2110.008.
1-20 Sec. 510.003. ADMINISTRATION. The state council, the compact
1-21 administrator, and the state's commissioner to the commission are
1-22 administratively attached to the department.
1-23 (Sections 510.004-510.010 reserved for expansion
1-24 SUBCHAPTER B. TEXAS STATE COUNCIL FOR INTERSTATE
2-1 ADULT OFFENDER SUPERVISION
2-2 Sec. 510.011. ESTABLISHMENT. The Texas State Council for
2-3 Interstate Adult Offender Supervision is established.
2-4 Sec. 510.012. COMPOSITION; TERMS. (a) The state council is
2-5 composed of:
2-6 (1) the executive director or the executive director's
2-7 designee;
2-8 (2) three members appointed by the governor, one of
2-9 whom must be a representative of an organization representing the
2-10 rights of victims of crime;
2-11 (3) one member appointed by the presiding judge of the
2-12 court of criminal appeals;
2-13 (4) one member appointed by the lieutenant governor;
2-14 and
2-15 (5) one member appointed by the speaker of the house
2-16 of representatives.
2-17 (b) Appointed members of the state council serve staggered
2-18 terms of six years, with the terms of two members expiring February
2-19 1 of each odd-numbered year.
2-20 Sec. 510.013. DUTIES OF EXECUTIVE DIRECTOR, EXECUTIVE
2-21 DIRECTOR'S DESIGNEE. (a) The governor shall designate one member
2-22 of the state council as the presiding officer of the state council,
2-23 and the presiding officer serves in that capacity at the pleasure
2-24 of the governor.
2-25 (b) The governor shall appoint the state's compact
2-26 administrator and the state's commissioner to the commission, and
2-27 may appoint one person as administrator and one person as
3-1 commissioner or one person to be both administrator and
3-2 commissioner. The person or persons, as appropriate, serve at the
3-3 pleasure of the governor.
3-4 Sec. 510.014. DUTIES OF COUNCIL. The council shall advise
3-5 the compact administrator and the state's commissioner to the
3-6 commission on the state's participation in commission activities
3-7 and the administration of the compact.
3-8 Sec. 510.015. LIABILITIES FOR CERTAIN COMMISSION AGENTS. The
3-9 compact administrator, the state's commissioner to the commission,
3-10 and each member, officer, executive director, employee, or agent of
3-11 the commission acting within the scope of the person's employment
3-12 or duties is, for the purposes of acts and omissions occurring
3-13 within this state, entitled to the same protections under Chapter
3-14 104, Civil Practice and Remedies Code, as an employee, a member of
3-15 the governing board, or any other officer of a state agency,
3-16 institution, or department.
3-17 Sec. 510.016. EFFECT ON TEXAS LAWS. In the event the laws of
3-18 this state conflict with the compact, the compact controls, except
3-19 that in the event of a conflict between the compact and the Texas
3-20 Constitution, as determined by the courts of this state, the Texas
3-21 Constitution controls.
3-22 Sec. 510.017. COMPACT TO BE ENTERED; TEXT. The Interstate
3-23 Compact for Adult Offender Supervision is hereby entered into and
3-24 enacted into law as follows:
3-25 ARTICLE I. PURPOSE
3-26 (a) The compacting states to this interstate compact
3-27 recognize that each state is responsible for the supervision of
4-1 adult offenders in the community who are authorized pursuant to the
4-2 bylaws and rules of this compact to travel across state lines both
4-3 to and from each compacting state in such a manner as to track the
4-4 location of offenders, transfer supervision authority in an orderly
4-5 and efficient manner and, when necessary, return offenders to the
4-6 originating jurisdictions. The compacting states also recognize
4-7 that the United States Congress, by enacting 4 U.S.C. 112, has
4-8 authorized and encouraged compacts for cooperative efforts and
4-9 mutual assistance in the prevention of crime.
4-10 (b) It is the purpose of this compact and the Interstate
4-11 Commission created under this compact, through means of joint and
4-12 cooperative action among the compacting states: To provide the
4-13 framework for the promotion of public safety and protect the rights
4-14 of victims through the control and regulation of the interstate
4-15 movement of offenders in the community; to provide for the
4-16 effective tracking, supervision and rehabilitation of these
4-17 offenders by the sending and receiving states; and to equitably
4-18 distribute the costs, benefits and obligations of the compact among
4-19 the compacting states.
4-20 (c) In addition, this compact is intended to: Create an
4-21 Interstate Commission that will establish uniform procedures to
4-22 manage the movement between states of offenders placed under
4-23 community supervision and released to the community under the
4-24 jurisdiction of courts, paroling authorities or corrections or
4-25 other criminal justice agencies that will promulgate rules to
4-26 achieve the purpose of this compact; ensure an opportunity for
4-27 input and timely notice to victims and to jurisdictions where
5-1 offenders are authorized to travel or to relocate across state
5-2 lines; establish a system of uniform data collection, access to
5-3 information on active cases by authorized criminal justice
5-4 officials and regular reporting of compact activities to the heads
5-5 of State Councils, the state executive, judicial and legislative
5-6 branches and the criminal justice administrators; monitor
5-7 compliance with rules governing interstate movement of offenders
5-8 and initiate interventions to address and correct noncompliance;
5-9 and coordinate training and education on the regulation of
5-10 interstate movement of offenders for officials involved in such
5-11 activity.
5-12 (d) The compacting states recognize that there is no right
5-13 of any offender to live in another state and that duly accredited
5-14 officers of a sending state may at all times enter a receiving
5-15 state and there apprehend and retake any offender under
5-16 supervision, subject to the provisions of this compact and the
5-17 bylaws and rules promulgated under this compact. It is the policy
5-18 of the compacting states that the activities conducted by the
5-19 Interstate Commission are intended to formulate public policy and
5-20 are therefore public business.
5-21 ARTICLE II. DEFINITIONS
5-22 As used in this compact, unless the context clearly requires
5-23 a different construction:
5-24 (a) "Adult" means a person who is 18 years of age or older
5-25 or a person under 18 years of age who is legally classified, either
5-26 by statute or court order, as an adult.
5-27 (b) "Bylaws" means those bylaws established by the
6-1 Interstate Commission for its governance or for directing or
6-2 controlling the Interstate Commission's actions or conduct.
6-3 (c) "Compact Administrator" means the individual in each
6-4 compacting state appointed pursuant to the terms of this compact
6-5 responsible for the administration and management of the state's
6-6 supervision and transfer of offenders subject to the terms of this
6-7 compact, the rules adopted by the Interstate Commission and
6-8 policies adopted by the State Council under this compact.
6-9 (d) "Compacting state" means any state which has enacted the
6-10 enabling legislation for this compact.
6-11 (e) "Commissioner" means the voting representative of each
6-12 compacting state appointed pursuant to Article III of this compact.
6-13 (f) "Interstate Commission" means the Interstate Commission
6-14 for Adult Offender Supervision created by Article III of this
6-15 compact.
6-16 (g) "Member" means the commissioner of a compacting state or
6-17 the commissioner's designee, who shall be an individual officially
6-18 connected with the commissioner.
6-19 (h) "Noncompacting state" means any state that has not
6-20 enacted the enabling legislation for this compact.
6-21 (i) "Offender" means an adult placed under or subject to
6-22 supervision as the result of the commission of a criminal offense
6-23 and released to the community under the jurisdiction of courts,
6-24 paroling authorities or corrections or other criminal justice
6-25 agencies.
6-26 (j) "Person" means any individual, corporation, business
6-27 enterprise or other legal entity, either public or private.
7-1 (k) "Rules" means acts of the Interstate Commission, duly
7-2 promulgated pursuant to Article VII of this compact and
7-3 substantially affecting interested parties in addition to the
7-4 Interstate Commission, that have the force and effect of law in the
7-5 compacting states.
7-6 (l) "State" means a state of the United States, the District
7-7 of Columbia or any territorial possession of the United States.
7-8 (m) "State Council" means the resident members of the State
7-9 Council for Interstate Adult Offender Supervision created by each
7-10 state under this compact.
7-11 ARTICLE III. THE INTERSTATE COMMISSION
7-12 FOR ADULT OFFENDER SUPERVISION
7-13 (a) The compacting states hereby create the Interstate
7-14 Commission for Adult Offender Supervision. The Interstate
7-15 Commission shall be a body corporate and joint agency of the
7-16 compacting states. The Interstate Commission shall have all the
7-17 responsibilities, powers and duties set forth in this compact,
7-18 including the power to sue and be sued and such additional powers
7-19 as may be conferred upon it by subsequent action of the respective
7-20 legislatures of the compacting states in accordance with the terms
7-21 of this compact.
7-22 (b) The Interstate Commission shall consist of commissioners
7-23 selected and appointed by each state. In addition to the
7-24 commissioners who are the voting representatives of each state, the
7-25 Interstate Commission shall include individuals who are not
7-26 commissioners but who are members of interested organizations. Such
7-27 noncommissioner members must include a member of the national
8-1 organizations of governors, legislators, state chief justices,
8-2 attorneys general and crime victims. All noncommissioner members
8-3 of the Interstate Commission shall be nonvoting members. The
8-4 Interstate Commission may provide in its bylaws for such additional
8-5 nonvoting members as it deems necessary.
8-6 (c) Each compacting state represented at any meeting of the
8-7 Interstate Commission is entitled to one vote. A majority of the
8-8 compacting states shall constitute a quorum for the transaction of
8-9 business, unless a larger quorum is required by the bylaws of the
8-10 Interstate Commission.
8-11 (d) The Interstate Commission shall meet at least once each
8-12 calendar year. The chairperson may call additional meetings and,
8-13 upon the request of 27 or more compacting states, shall call
8-14 additional meetings. Public notice shall be given of all meetings
8-15 and meetings shall be open to the public, except as provided in
8-16 Article VII of this compact.
8-17 (e) The Interstate Commission shall establish an executive
8-18 committee that shall include commission officers, members and
8-19 others as shall be determined by the bylaws. The executive
8-20 committee shall have the power to act on behalf of the Interstate
8-21 Commission during periods when the Interstate Commission is not in
8-22 session, with the exception of rulemaking or amendment to the
8-23 compact. The executive committee oversees the day-to-day
8-24 activities managed by the executive director and Interstate
8-25 Commission staff, administers enforcement and compliance with the
8-26 provisions of the compact, its bylaws and rules and as directed by
8-27 the Interstate Commission and performs other duties as directed by
9-1 the Interstate Commission or as set forth in the bylaws and rules.
9-2 ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
9-3 The Interstate Commission shall have the following powers:
9-4 (a) To adopt a seal and suitable bylaws governing the
9-5 management and operation of the Interstate Commission.
9-6 (b) To promulgate rules which shall have the force and
9-7 effect of statutory law and shall be binding in the compacting
9-8 states to the extent and in the manner provided in this compact.
9-9 (c) To oversee, supervise and coordinate the interstate
9-10 movement of offenders subject to the terms of this compact and any
9-11 bylaws adopted and rules promulgated by the Interstate Commission.
9-12 (d) To enforce compliance with the compact and the rules and
9-13 bylaws of the Interstate Commission, using all necessary and proper
9-14 means, including, but not limited to, the use of judicial process.
9-15 (e) To establish and maintain offices.
9-16 (f) To purchase and maintain insurance and bonds.
9-17 (g) To borrow, accept or contract for the services of
9-18 personnel, including, but not limited to, members and their staffs.
9-19 (h) To establish and appoint committees and hire staff that
9-20 it deems necessary to carry out its functions, including, but not
9-21 limited to, an executive committee as required by Article III of
9-22 this compact, which shall have the power to act on behalf of the
9-23 Interstate Commission in carrying out its powers and duties under
9-24 this compact.
9-25 (i) To elect or appoint officers, attorneys, employees,
9-26 agents or consultants, and to fix their compensation, define their
9-27 duties and determine their qualifications, and to establish the
10-1 Interstate Commission's personnel policies and programs relating
10-2 to, among other things, conflicts of interest, rates of
10-3 compensation and qualifications of personnel.
10-4 (j) To accept any and all donations and grants of money,
10-5 equipment, supplies, materials and services, and to receive,
10-6 utilize and dispose of same.
10-7 (k) To lease, purchase, accept contributions or donations of
10-8 any property, or otherwise to own, hold, improve or use any
10-9 property, whether real, personal or mixed.
10-10 (l) To sell, convey, mortgage, pledge, lease, exchange,
10-11 abandon or otherwise dispose of any property, whether real,
10-12 personal or mixed.
10-13 (m) To establish a budget and make expenditures and levy
10-14 dues as provided in Article IX of this compact.
10-15 (n) To sue and be sued.
10-16 (o) To provide for dispute resolution among compacting
10-17 states.
10-18 (p) To perform such functions as may be necessary or
10-19 appropriate to achieve the purposes of this compact.
10-20 (q) To report annually to the legislatures, governors,
10-21 judiciary and State Councils of the compacting states concerning
10-22 the activities of the Interstate Commission during the preceding
10-23 year. Such reports shall also include any recommendations that may
10-24 have been adopted by the Interstate Commission.
10-25 (r) To coordinate education, training and public awareness
10-26 regarding the interstate movement of offenders for officials
10-27 involved in such activity.
11-1 (s) To establish uniform standards for the reporting,
11-2 collecting and exchanging of data.
11-3 ARTICLE V. ORGANIZATION AND OPERATION
11-4 OF THE INTERSTATE COMMISSION
11-5 (a) The Interstate Commission shall, by a majority of the
11-6 members, within 12 months of the first Interstate Commission
11-7 meeting, adopt bylaws to govern its conduct as may be necessary or
11-8 appropriate to carry out the purposes of the compact, including,
11-9 but not limited to:
11-10 (1) Establishing the fiscal year of the Interstate
11-11 Commission.
11-12 (2) Establishing an Executive Committee and such other
11-13 committees as may be necessary.
11-14 (3) Providing reasonable standards and procedures:
11-15 (i) For the establishment of committees; and
11-16 (ii) Governing any general or specific
11-17 delegation of any authority or function of the Interstate
11-18 Commission.
11-19 (4) Providing reasonable procedures for calling and
11-20 conducting meetings of the Interstate Commission, and ensuring
11-21 reasonable notice of each meeting.
11-22 (5) Establishing the titles and responsibilities of
11-23 the officers of the Interstate Commission.
11-24 (6) Providing reasonable standards and procedures for
11-25 the establishment of the personnel policies and programs of the
11-26 Interstate Commission. Notwithstanding any civil service laws or
11-27 other similar laws of any compacting state, the bylaws shall
12-1 exclusively govern the personnel policies and programs of the
12-2 Interstate Commission.
12-3 (7) Providing a mechanism for winding up the
12-4 operations of the Interstate Commission and the equitable return of
12-5 any surplus funds that may exist upon the termination of the
12-6 compact after the payment or reserving of all of the Interstate
12-7 Commission's debts and obligations.
12-8 (8) Providing transition rules for start-up
12-9 administration of the compact.
12-10 (9) Establishing standards and procedures for
12-11 compliance and technical assistance in carrying out the compact.
12-12 (b)(1) The Interstate Commission shall, by a majority of the
12-13 members, elect from among its members a chairperson and a vice
12-14 chairperson, each of whom shall have such authorities and duties as
12-15 may be specified in the bylaws. The chairperson, or in the
12-16 chairperson's absence or disability, the vice chairperson, shall
12-17 preside at all meetings of the Interstate Commission. The officers
12-18 so elected shall serve without compensation or remuneration from
12-19 the Interstate Commission, provided that, subject to the
12-20 availability of budgeted funds, the officers shall be reimbursed
12-21 for any actual and necessary costs and expenses incurred by them in
12-22 the performance of their duties and responsibilities as officers of
12-23 the Interstate Commission.
12-24 (2) The Interstate Commission shall, through its
12-25 executive committee, appoint or retain an executive director for
12-26 such period, upon such terms and conditions and for such
12-27 compensation as the Interstate Commission may deem appropriate.
13-1 The executive director shall serve as secretary to the Interstate
13-2 Commission and shall hire and supervise other staff as may be
13-3 authorized by the Interstate Commission, but shall not be a member
13-4 of the Interstate Commission.
13-5 (c) The Interstate Commission shall maintain its corporate
13-6 books and records in accordance with the bylaws.
13-7 (d)(1) The Interstate Commission shall defend the
13-8 commissioner of a compacting state, the commissioner's
13-9 representatives or employees or the Interstate Commission's
13-10 representatives or employees in any civil action seeking to impose
13-11 liability arising out of any actual or alleged act, error or
13-12 omission that occurred within the scope of Interstate Commission
13-13 employment, duties or responsibilities, or that the defendant had a
13-14 reasonable basis for believing occurred within the scope of
13-15 Interstate Commission employment, duties or responsibilities,
13-16 provided that the actual or alleged act, error or omission did not
13-17 result from intentional wrongdoing on the part of such person.
13-18 (2) The Interstate Commission shall indemnify and hold
13-19 the commissioner of a compacting state, the appointed
13-20 representatives or employees, or the Interstate Commission's
13-21 representatives or employees, harmless in the amount of any
13-22 settlement or judgment obtained against such persons arising out of
13-23 any actual or alleged act, error or omission that occurred within
13-24 the scope of Interstate Commission employment, duties or
13-25 responsibilities, or that such persons had a reasonable basis for
13-26 believing occurred within the scope of Interstate Commission
13-27 employment, duties or responsibilities, provided that the actual or
14-1 alleged act, error or omission did not result from intentional
14-2 wrongdoing on the part of such persons.
14-3 ARTICLE VI. ACTIVITIES OF THE INTERSTATE COMMISSION
14-4 (a) The Interstate Commission shall meet and take such
14-5 actions as are consistent with the provisions of this compact.
14-6 (b) Except as otherwise provided in this compact and unless
14-7 a greater percentage is required under the bylaws, in order to
14-8 constitute an act of the Interstate Commission, such act shall have
14-9 been taken at a meeting of the Interstate Commission and shall have
14-10 received an affirmative vote of a majority of the members present.
14-11 (c) Each member of the Interstate Commission shall have the
14-12 right and power to cast a vote to which that compacting state is
14-13 entitled and to participate in the business and affairs of the
14-14 Interstate Commission. A member shall vote in person on behalf of
14-15 the compacting state and shall not delegate a vote to another
14-16 compacting state. However, a member may designate another
14-17 individual, in the absence of the member, to cast a vote on behalf
14-18 of the member at a specified meeting. The bylaws may provide for
14-19 members' participation in meetings by telephone or other means of
14-20 telecommunication or electronic communication. Any voting
14-21 conducted by telephone or other means of telecommunication or
14-22 electronic communication shall be subject to the same quorum
14-23 requirements of meetings where members are present in person.
14-24 (d) The Interstate Commission shall meet at least once
14-25 during each calendar year. The chairperson of the Interstate
14-26 Commission may call additional meetings at any time and, upon the
14-27 request of a majority of the members, shall call additional
15-1 meetings.
15-2 (e) The Interstate Commission's bylaws shall establish
15-3 conditions and procedures under which the Interstate Commission
15-4 shall make its information and official records available to the
15-5 public for inspection or copying. The Interstate Commission may
15-6 exempt from disclosure any information or official records to the
15-7 extent the information or records would adversely affect personal
15-8 privacy rights or proprietary interests. In promulgating such
15-9 rules, the Interstate Commission may make available to law
15-10 enforcement agencies records and information otherwise exempt from
15-11 disclosure, and may enter into agreements with law enforcement
15-12 agencies to receive or exchange information or records subject to
15-13 nondisclosure and confidentiality provisions.
15-14 (f) Public notice shall be given of all meetings, and all
15-15 meetings shall be open to the public, except as set forth in the
15-16 rules or as otherwise provided in the compact. The Interstate
15-17 Commission shall promulgate rules consistent with the principles
15-18 contained in the Government in the Sunshine Act, 5 U.S.C. 552, as
15-19 amended. The Interstate Commission and any of its committees may
15-20 close a meeting to the public when the Interstate Commission
15-21 determines by two-thirds vote that an open meeting would be likely
15-22 to:
15-23 (1) Relate solely to the Interstate Commission's
15-24 internal personnel practices and procedures;
15-25 (2) Disclose matters specifically exempted from
15-26 disclosure by statute;
15-27 (3) Disclose trade secrets or commercial or financial
16-1 information that is privileged or confidential;
16-2 (4) Involve accusing any person of a crime or formally
16-3 censuring any person;
16-4 (5) Disclose information of a personal nature when
16-5 such disclosure would constitute a clearly unwarranted invasion of
16-6 personal privacy;
16-7 (6) Disclose investigatory records compiled for law
16-8 enforcement purposes;
16-9 (7) Disclose information contained in or related to
16-10 examination, operating or condition reports prepared by, or on
16-11 behalf of or for the use of, the Interstate Commission with respect
16-12 to a regulated entity for the purpose of regulation or supervision
16-13 of such entity;
16-14 (8) Disclose information when such premature
16-15 disclosure would significantly endanger the life of a person or the
16-16 stability of a regulated entity; or
16-17 (9) Specifically relate to the Interstate Commission's
16-18 issuance of a subpoena or its participation in a civil action or
16-19 proceeding.
16-20 (g) For every meeting closed pursuant to Subsection (f) of
16-21 this Article, the Interstate Commission's chief legal officer shall
16-22 publicly certify that, in the officer's opinion, the meeting may be
16-23 closed to the public and shall make reference to each relevant
16-24 provision authorizing closure of the meeting. The Interstate
16-25 Commission shall keep minutes that fully and clearly describe all
16-26 matters discussed in any meeting and shall provide a full and
16-27 accurate summary of any action taken, and the reasons therefor,
17-1 including a description of each of the views expressed on any item
17-2 and the record of any roll call vote (reflected in the vote of each
17-3 member on the question). All documents considered in connection
17-4 with any action shall be identified in such minutes.
17-5 (h) The Interstate Commission shall collect standardized
17-6 data concerning the interstate movement of offenders as directed
17-7 through its bylaws and rules that specify the data to be collected,
17-8 the means of collection and data exchange and reporting
17-9 requirements.
17-10 ARTICLE VII. RULEMAKING FUNCTIONS OF THE
17-11 INTERSTATE COMMISSION
17-12 (a) The Interstate Commission shall promulgate rules in
17-13 order to effectively and efficiently achieve the purposes of the
17-14 compact, including transition rules governing administration of the
17-15 compact during the period in which it is being considered and
17-16 enacted by the states.
17-17 (b) Rulemaking shall occur pursuant to the criteria set
17-18 forth in this Article and the bylaws and rules adopted pursuant
17-19 thereto. Such rulemaking shall substantially conform to the
17-20 principles of the federal Administrative Procedure Act, 5 U.S.C.
17-21 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.
17-22 Appendix 2, section 1 et seq., as amended. All rules and
17-23 amendments shall become binding as of the date specified in each
17-24 rule or amendment.
17-25 (c) If a majority of the legislatures of the compacting
17-26 states rejects a rule, by enactment of a statute or resolution in
17-27 the same manner used to adopt the compact, then such rule shall
18-1 have no further force and effect in any compacting state.
18-2 (d) When promulgating a rule, the Interstate Commission
18-3 shall:
18-4 (1) Publish the proposed rule, stating with
18-5 particularity the text of the rule that is proposed and the reason
18-6 for the proposed rule;
18-7 (2) Allow persons to submit written data, facts,
18-8 opinions and arguments, which information shall be publicly
18-9 available;
18-10 (3) Provide an opportunity for an informal hearing;
18-11 and
18-12 (4) Promulgate a final rule and its effective date, if
18-13 appropriate, based on the rulemaking record. Not later than 60
18-14 days after a rule is promulgated, any interested person may file a
18-15 petition in the United States District Court for the District of
18-16 Columbia or in the federal district court where the Interstate
18-17 Commission's principal office is located for judicial review of the
18-18 rule. If the court finds that the Interstate Commission's action
18-19 is not supported by substantial evidence in the rulemaking record,
18-20 the court shall hold the rule unlawful and set it aside. For
18-21 purposes of this subsection, evidence is substantial if it would be
18-22 considered substantial evidence under the federal Administrative
18-23 Procedure Act, 5 U.S.C. 551 et seq., and the Federal Advisory
18-24 Committee Act, 5 U.S.C. Appendix 2, section 1 et seq., as amended.
18-25 (e) Rules related to the following subjects must be
18-26 addressed within 12 months after the first meeting of the
18-27 Interstate Commission:
19-1 (1) Notice to victims and opportunity to be heard;
19-2 (2) Offender registration and compliance;
19-3 (3) Violations and returns;
19-4 (4) Transfer procedures and forms;
19-5 (5) Eligibility for transfer;
19-6 (6) Collection of restitution and fees from offenders;
19-7 (7) Data collection and reporting;
19-8 (8) The level of supervision to be provided by the
19-9 receiving state;
19-10 (9) Transition rules governing the operation of the
19-11 compact and the Interstate Commission during all or part of the
19-12 period between the effective date of the compact and the date on
19-13 which the last eligible state adopts the compact; and
19-14 (10) Mediation, arbitration and dispute resolution.
19-15 (f) The existing rules governing the operation of the
19-16 previous compact superseded by this compact shall be null and void
19-17 12 months after the first meeting of the Interstate Commission
19-18 created under this compact.
19-19 (g) Upon determination by the Interstate Commission that an
19-20 emergency exists, the Interstate Commission may promulgate an
19-21 emergency rule which shall become effective immediately upon
19-22 adoption, provided that the usual rulemaking procedures provided in
19-23 this Article shall be retroactively applied to said rule as soon as
19-24 reasonably possible, but no later than 90 days after the effective
19-25 date of the rule.
19-26 ARTICLE VIII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
19-27 BY THE INTERSTATE COMMISSION
20-1 (a)(1) The Interstate Commission shall oversee the
20-2 Interstate movement of adult offenders in the compacting states and
20-3 shall monitor such activities being administered in noncompacting
20-4 states that may significantly affect compacting states.
20-5 (2) The courts and executive agencies in each
20-6 compacting state shall enforce this compact and shall take all
20-7 actions necessary and appropriate to effectuate the compact's
20-8 purposes and intent. In any judicial or administrative proceeding
20-9 in a compacting state pertaining to the subject matter of this
20-10 compact that may affect the powers, responsibilities or actions of
20-11 the Interstate Commission, the Interstate Commission shall be
20-12 entitled to receive all service of process in any such proceeding
20-13 and shall have standing to intervene in the proceeding for all
20-14 purposes.
20-15 (b)(1) The compacting states shall report to the Interstate
20-16 Commission on issues or activities of concern to them and cooperate
20-17 with and support the Interstate Commission in the discharge of its
20-18 duties and responsibilities.
20-19 (2) The Interstate Commission shall attempt to resolve
20-20 any disputes or other issues that are subject to the compact and
20-21 that may arise among compacting states and noncompacting states.
20-22 The Interstate Commission shall enact a bylaw or promulgate a rule
20-23 providing for both mediation and binding dispute resolution for
20-24 disputes among the compacting states.
20-25 (c) The Interstate Commission, in the reasonable exercise of
20-26 its discretion, shall enforce the provisions of this compact using
20-27 any or all means set forth in Article XI (b) of this compact.
21-1 ARTICLE IX. FINANCE
21-2 (a) The Interstate Commission shall pay or provide for the
21-3 payment of the reasonable expenses of its establishment,
21-4 organization and ongoing activities.
21-5 (b) The Interstate Commission shall levy on and collect an
21-6 annual assessment from each compacting state to cover the cost of
21-7 the internal operations and activities of the Interstate Commission
21-8 and its staff, which must be in a total amount sufficient to cover
21-9 the Interstate Commission's annual budget as approved each year.
21-10 The aggregate annual assessment amount shall be allocated based
21-11 upon a formula to be determined by the Interstate Commission,
21-12 taking into consideration the population of the state and the
21-13 volume of interstate movement of offenders in each compacting
21-14 state. The Interstate Commission shall promulgate a rule binding
21-15 upon all compacting states that governs said assessment.
21-16 (c) The Interstate Commission shall not incur any
21-17 obligations of any kind prior to securing the funds adequate to
21-18 meet the same, nor shall the Interstate Commission pledge the
21-19 credit of any of the compacting states, except by and with the
21-20 authority of the compacting state.
21-21 (d) The Interstate Commission shall keep accurate accounts
21-22 of all receipts and disbursements. The receipts and disbursements
21-23 of the Interstate Commission shall be subject to the audit and
21-24 accounting procedures established under its bylaws. However, all
21-25 receipts and disbursements of funds handled by the Interstate
21-26 Commission shall be audited yearly by a certified or licensed
21-27 public accountant and the report of the audit shall be included in
22-1 and become part of the annual report of the Interstate Commission.
22-2 ARTICLE X. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
22-3 (a) Any state, as defined in Article II of this compact, is
22-4 eligible to become a compacting state.
22-5 (b) The compact shall become effective and binding upon
22-6 legislative enactment of the compact into law by no fewer than 35
22-7 of the states. The initial effective date shall be the later of
22-8 July 1, 2001, or upon enactment into law by the 35th jurisdiction.
22-9 Thereafter, the compact shall become effective and binding, as to
22-10 any other compacting state, upon enactment of the compact into law
22-11 by that state. The governors of noncompacting states or their
22-12 designees may be invited to participate in Interstate Commission
22-13 activities on a non-voting basis prior to adoption of the compact
22-14 by all states.
22-15 (c) Amendments to the compact may be proposed by the
22-16 Interstate Commission for enactment by the compacting states. No
22-17 amendment shall become effective and binding upon the Interstate
22-18 Commission and the compacting states unless and until it is enacted
22-19 into law by unanimous consent of the compacting states.
22-20 ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION
22-21 AND JUDICIAL ENFORCEMENT
22-22 (a)(1) Once effective, the compact shall continue in force
22-23 and remain binding upon each and every compacting state, provided
22-24 that a compacting state may withdraw from the compact by
22-25 specifically repealing the statute that enacted the compact into
22-26 law.
22-27 (2) The effective date of withdrawal is the effective
23-1 date of the repeal of the statute that enacted the compact into
23-2 law.
23-3 (3) The withdrawing state shall immediately notify the
23-4 chairperson of the Interstate Commission in writing upon the
23-5 introduction of legislation repealing this compact in the
23-6 withdrawing state. The Interstate Commission shall notify the
23-7 other compacting states of the withdrawing state's intent to
23-8 withdraw within 60 days of its receipt thereof.
23-9 (4) The withdrawing state is responsible for all
23-10 assessments, obligations and liabilities incurred through the
23-11 effective date of withdrawal, including any obligations, the
23-12 performance of which extend beyond the effective date of
23-13 withdrawal.
23-14 (5) Reinstatement following withdrawal of any
23-15 compacting state shall occur upon the withdrawing state reenacting
23-16 the compact or upon such later date as determined by the Interstate
23-17 Commission.
23-18 (b)(1) If the Interstate Commission determines that any
23-19 compacting state has at any time defaulted in the performance of
23-20 any of its obligations or responsibilities under this compact or
23-21 the bylaws or rules of the Interstate Commission, the Interstate
23-22 Commission may impose any or all of the following penalties:
23-23 (i) Fines, fees and costs in such amounts as are
23-24 deemed to be reasonable as fixed by the Interstate Commission;
23-25 (ii) Remedial training and technical assistance
23-26 as directed by the Interstate Commission;
23-27 (iii) Suspension and termination of membership
24-1 in the compact. Suspension shall be imposed only after all other
24-2 reasonable means of securing compliance under the bylaws and rules
24-3 have been exhausted. Immediate notice of suspension shall be given
24-4 by the Interstate Commission to the governor, the chief justice or
24-5 chief judicial officer of the defaulting state; the majority and
24-6 minority leaders of the defaulting state's legislature, and the
24-7 state council.
24-8 (2) The grounds for default include, but are not
24-9 limited to, failure of a compacting state to perform obligations or
24-10 responsibilities imposed upon it by this compact or the Interstate
24-11 Commission bylaws or rules. The Interstate Commission shall
24-12 immediately notify the defaulting state in writing of the penalty
24-13 imposed by the Interstate Commission on the defaulting state
24-14 pending a cure of the default. The Interstate Commission shall
24-15 stipulate the conditions and the time period within which the
24-16 defaulting state must cure its default. If the defaulting state
24-17 fails to cure the default within the time period specified by the
24-18 Interstate Commission, in addition to any other penalties imposed,
24-19 the defaulting state may be terminated from the compact upon an
24-20 affirmative vote of a majority of the compacting states and all
24-21 rights, privileges and benefits conferred by this compact shall be
24-22 terminated from the effective date of suspension. Within 60 days
24-23 of the effective date of termination of a defaulting state, the
24-24 Interstate Commission shall notify the governor, the chief justice
24-25 or chief judicial officer of the defaulting state, the majority and
24-26 minority leaders of the defaulting state's legislature and the
24-27 State Council of such termination.
25-1 (3) The defaulting state is responsible for all
25-2 assessments, obligations and liabilities incurred through the
25-3 effective date of termination, including any obligations, the
25-4 performance of which extend beyond the effective date of
25-5 termination.
25-6 (4) The Interstate Commission shall not bear any costs
25-7 relating to the defaulting state unless otherwise mutually agreed
25-8 upon between the Interstate Commission and the defaulting state.
25-9 Reinstatement following termination of any compacting state
25-10 requires both a reenactment of the compact by the defaulting state
25-11 and the approval of the Interstate Commission pursuant to the
25-12 rules.
25-13 (c) The Interstate Commission may, by majority vote of the
25-14 members, initiate legal action in the United States District Court
25-15 for the District of Columbia or, at the discretion of the
25-16 Interstate Commission, in the federal district court where the
25-17 Interstate Commission has its principal office to enforce
25-18 compliance with the provisions of the compact, its rules or bylaws
25-19 against any compacting state in default. In the event judicial
25-20 enforcement is necessary, the prevailing party shall be awarded all
25-21 costs of such litigation, including reasonable attorney fees.
25-22 (d)(1) The compact dissolves effective upon the date of the
25-23 withdrawal or default of the compacting state that reduces
25-24 membership in the compact to one compacting state.
25-25 (2) Upon the dissolution of this compact, the compact
25-26 becomes null and void and shall be of no further force or effect,
25-27 and the business and affairs of the Interstate Commission shall be
26-1 wound up and any surplus funds shall be distributed in accordance
26-2 with the bylaws.
26-3 ARTICLE XII. SEVERABILITY AND CONSTRUCTION
26-4 (a) The provisions of this compact shall be severable, and
26-5 if any phrase, clause, sentence or provision is deemed
26-6 unenforceable, the remaining provisions of the compact shall be
26-7 enforceable.
26-8 (b) The provisions of this compact shall be liberally
26-9 construed to effectuate its purposes.
26-10 ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
26-11 (a)(1) Nothing in this compact prevents the enforcement of
26-12 any other law of a compacting state that is not inconsistent with
26-13 this compact.
26-14 (2) All agreements between the Interstate Commission
26-15 and the compacting states are binding in accordance with their
26-16 terms.
26-17 (3) Upon the request of a party to a conflict over
26-18 meaning or interpretation of Interstate Commission actions, and
26-19 upon a majority vote of the compacting states, the Interstate
26-20 Commission may issue advisory opinions regarding such meaning or
26-21 interpretation.
26-22 (4) In the event any provision of this compact exceeds
26-23 the constitutional limits imposed on the legislature of any
26-24 compacting state, the obligations, duties, powers or jurisdiction
26-25 sought to be conferred by such provision upon the Interstate
26-26 Commission shall be ineffective and such obligations, duties,
26-27 powers or jurisdiction shall remain in the compacting state and
27-1 shall be exercised by the agency thereof to which such obligations,
27-2 duties, powers or jurisdiction are delegated by law in effect at
27-3 the time this compact becomes effective.
27-4 SECTION 2. Article 42.11, Code of Criminal Procedure, is
27-5 repealed effective on the first anniversary of the date on which
27-6 the Interstate Compact for Adult Offender Supervision, by its own
27-7 terms, becomes effective.
27-8 SECTION 3. In appointing the initial members of the Texas
27-9 State Council for Interstate Adult Offender Supervision:
27-10 (1) the governor shall appoint one person to serve a
27-11 term expiring February 1, 2003, one member to serve a term expiring
27-12 February 1, 2005, and one member to serve a term expiring February
27-13 1, 2007;
27-14 (2) the presiding judge of the court of criminal
27-15 appeals shall appoint one person to serve a term expiring February
27-16 1, 2007;
27-17 (3) the lieutenant governor shall appoint one person
27-18 to serve a term expiring September 1, 2005; and
27-19 (4) the speaker of the house of representatives shall
27-20 appoint one person to serve a term expiring February 1, 2003.
27-21 SECTION 4. This Act takes effect immediately if it receives
27-22 a vote of two-thirds of all the members elected to each house, as
27-23 provided by Section 39, Article III, Texas Constitution. If this
27-24 Act does not receive the vote necessary for immediate effect, this
27-25 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2494 was passed by the House on April
18, 2001, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2494 on May 17, 2001, by the following vote: Yeas 140, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2494 was passed by the Senate, with
amendments, on May 15, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor