1-1     By:  Haggerty (Senate Sponsor - Armbrister)           H.B. No. 2494
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 7, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2494              By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the ratification of the Interstate Compact for Adult
1-11     Offender Supervision.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Subtitle G, Title 4, Government Code, is amended
1-14     by adding Chapter 510 to read as follows:
1-15                    CHAPTER 510.  INTERSTATE COMPACT FOR
1-16                         ADULT OFFENDER SUPERVISION
1-17                      SUBCHAPTER A.  GENERAL PROVISIONS
1-18           Sec. 510.001.  DEFINITIONS. In this chapter:
1-19                 (1)  "Commission" means the Interstate Commission for
1-20     Adult Offender Supervision.
1-21                 (2)  "Compact" means the Interstate Compact for Adult
1-22     Offender Supervision.
1-23                 (3)  "State council" means the Texas State Council for
1-24     Interstate Adult Offender Supervision.
1-25           Sec. 510.002.  APPLICABILITY OF CHAPTER 2110. Chapter 2110
1-26     applies to the state council, except for Sections 2110.002,
1-27     2110.003, and 2110.008.
1-28           Sec. 510.003.  ADMINISTRATION. The state council, the compact
1-29     administrator, and the state's commissioner to the commission are
1-30     administratively attached to the department.
1-31              (Sections 510.004-510.010 reserved for expansion
1-32              SUBCHAPTER B.  TEXAS STATE COUNCIL FOR INTERSTATE
1-33                         ADULT OFFENDER SUPERVISION
1-34           Sec. 510.011.  ESTABLISHMENT. The Texas State Council for
1-35     Interstate Adult Offender Supervision is established.
1-36           Sec. 510.012.  COMPOSITION; TERMS. (a)  The state council is
1-37     composed of:
1-38                 (1)  the executive director or the executive director's
1-39     designee;
1-40                 (2)  three members appointed by the governor, one of
1-41     whom must be a representative of an organization representing the
1-42     rights of victims of crime;
1-43                 (3)  one member appointed by the presiding judge of the
1-44     court of criminal appeals;
1-45                 (4)  one member appointed by the lieutenant governor;
1-46     and
1-47                 (5)  one member appointed by the speaker of the house
1-48     of representatives.
1-49           (b)  Appointed members of the state council serve staggered
1-50     terms of six years, with the terms of two members expiring February
1-51     1 of each odd-numbered year.
1-52           Sec. 510.013.  DUTIES OF EXECUTIVE DIRECTOR, EXECUTIVE
1-53     DIRECTOR'S DESIGNEE. (a)  The governor shall designate one member
1-54     of the state council as the presiding officer of the state council,
1-55     and the presiding officer serves in that capacity at the pleasure
1-56     of the governor.
1-57           (b)  The governor shall appoint the state's compact
1-58     administrator and the state's commissioner to the commission, and
1-59     may appoint one person as administrator and one person as
1-60     commissioner or one person to be both administrator and
1-61     commissioner.  The person or persons, as appropriate, serve at the
1-62     pleasure of the governor.
1-63           Sec. 510.014.  DUTIES OF COUNCIL. The council shall advise
1-64     the compact administrator and the state's commissioner to the
 2-1     commission on the state's participation in commission activities
 2-2     and the administration of the compact.
 2-3           Sec. 510.015.  LIABILITIES FOR CERTAIN COMMISSION AGENTS. The
 2-4     compact administrator, the state's commissioner to the commission,
 2-5     and each member, officer, executive director, employee, or agent of
 2-6     the commission acting within the scope of the person's employment
 2-7     or duties is, for the purposes of acts and omissions occurring
 2-8     within this state, entitled to the same protections under Chapter
 2-9     104, Civil Practice and Remedies Code, as an employee, a member of
2-10     the governing board, or any other officer of a state agency,
2-11     institution, or department.
2-12           Sec. 510.016.  EFFECT ON TEXAS LAWS. In the event the laws of
2-13     this state conflict with the compact, the compact controls, except
2-14     that in the event of a conflict between the compact and the Texas
2-15     Constitution, as determined by the courts of this state, the Texas
2-16     Constitution controls.
2-17           Sec. 510.017.  COMPACT TO BE ENTERED; TEXT. The Interstate
2-18     Compact for Adult Offender Supervision is hereby entered into and
2-19     enacted into law as follows:
2-20                             ARTICLE I.  PURPOSE
2-21           (a)  The compacting states to this interstate compact
2-22     recognize that each state is responsible for the supervision of
2-23     adult offenders in the community who are authorized pursuant to the
2-24     bylaws and rules of this compact to travel across state lines both
2-25     to and from each compacting state in such a manner as to track the
2-26     location of offenders, transfer supervision authority in an orderly
2-27     and efficient manner and, when necessary, return offenders to the
2-28     originating jurisdictions.  The compacting states also recognize
2-29     that the United States Congress, by enacting 4 U.S.C. 112, has
2-30     authorized and encouraged compacts for cooperative efforts and
2-31     mutual assistance in the prevention of crime.
2-32           (b)  It is the purpose of this compact and the Interstate
2-33     Commission created under this compact, through means of joint and
2-34     cooperative action among the compacting states:  To provide the
2-35     framework for the promotion of public safety and protect the rights
2-36     of victims through the control and regulation of the interstate
2-37     movement of offenders in the community; to provide for the
2-38     effective tracking, supervision and rehabilitation of these
2-39     offenders by the sending and receiving states; and to equitably
2-40     distribute the costs, benefits and obligations of the compact among
2-41     the compacting states.
2-42           (c)  In addition, this compact is intended to:  Create an
2-43     Interstate Commission that will establish uniform procedures to
2-44     manage the movement between states of offenders placed under
2-45     community supervision and released to the community under the
2-46     jurisdiction of courts, paroling authorities or corrections or
2-47     other criminal justice agencies that will promulgate rules to
2-48     achieve the purpose of this compact; ensure an opportunity for
2-49     input and timely notice to victims and to jurisdictions where
2-50     offenders are authorized to travel or to relocate across state
2-51     lines; establish a system of uniform data collection, access to
2-52     information on active cases by authorized criminal justice
2-53     officials and regular reporting of compact activities to the heads
2-54     of State Councils, the state executive, judicial and legislative
2-55     branches and the criminal justice administrators; monitor
2-56     compliance with rules governing interstate movement of offenders
2-57     and initiate interventions to address and correct noncompliance;
2-58     and coordinate training and education on the regulation of
2-59     interstate movement of offenders for officials involved in such
2-60     activity.
2-61           (d)  The compacting states recognize that there is no right
2-62     of any offender to live in another state and that duly accredited
2-63     officers of a sending state may at all times enter a receiving
2-64     state and there apprehend and retake any offender under
2-65     supervision, subject to the provisions of this compact and the
2-66     bylaws and rules promulgated under this compact.  It is the policy
2-67     of the compacting states that the activities conducted by the
2-68     Interstate Commission are intended to formulate public policy and
2-69     are therefore public business.
 3-1                          ARTICLE II.  DEFINITIONS
 3-2           As used in this compact, unless the context clearly requires
 3-3     a different construction:
 3-4           (a)  "Adult" means a person who is 18 years of age or older
 3-5     or a person under 18 years of age who is legally classified, either
 3-6     by statute or court order, as an adult.
 3-7           (b)  "Bylaws" means those bylaws established by the
 3-8     Interstate Commission for its governance or for directing or
 3-9     controlling the Interstate Commission's actions or conduct.
3-10           (c)  "Compact Administrator" means the individual in each
3-11     compacting state appointed pursuant to the terms of this compact
3-12     responsible for the administration and management of the state's
3-13     supervision and transfer of offenders subject to the terms of this
3-14     compact, the rules adopted by the Interstate Commission and
3-15     policies adopted by the State Council under this compact.
3-16           (d)  "Compacting state" means any state which has enacted the
3-17     enabling legislation for this compact.
3-18           (e)  "Commissioner" means the voting representative of each
3-19     compacting state appointed pursuant to Article III of this compact.
3-20           (f)  "Interstate Commission" means the Interstate Commission
3-21     for Adult Offender Supervision created by Article III of this
3-22     compact.
3-23           (g)  "Member" means the commissioner of a compacting state or
3-24     the commissioner's designee, who shall be an individual officially
3-25     connected with the commissioner.
3-26           (h)  "Noncompacting state" means any state that has not
3-27     enacted the enabling legislation for this compact.
3-28           (i)  "Offender" means an adult placed under or subject to
3-29     supervision as the result of the commission of a criminal offense
3-30     and released to the community under the jurisdiction of courts,
3-31     paroling authorities or corrections or other criminal justice
3-32     agencies.
3-33           (j)  "Person" means any individual, corporation, business
3-34     enterprise or other legal entity, either public or private.
3-35           (k)  "Rules" means acts of the Interstate Commission, duly
3-36     promulgated pursuant to Article VII of this compact and
3-37     substantially affecting interested parties in addition to the
3-38     Interstate Commission, that have the force and effect of law in the
3-39     compacting states.
3-40           (l)  "State" means a state of the United States, the District
3-41     of Columbia or any territorial possession of the United States.
3-42           (m)  "State Council" means the resident members of the State
3-43     Council for Interstate Adult Offender Supervision created by each
3-44     state under this compact.
3-45                   ARTICLE III.  THE INTERSTATE COMMISSION
3-46                       FOR ADULT OFFENDER SUPERVISION
3-47           (a)  The compacting states hereby create the Interstate
3-48     Commission for Adult Offender Supervision.  The Interstate
3-49     Commission shall be a body corporate and joint agency of the
3-50     compacting states.  The Interstate Commission shall have all the
3-51     responsibilities, powers and duties set forth in this compact,
3-52     including the power to sue and be sued and such additional powers
3-53     as may be conferred upon it by subsequent action of the respective
3-54     legislatures of the compacting states in accordance with the terms
3-55     of this compact.
3-56           (b)  The Interstate Commission shall consist of commissioners
3-57     selected and appointed by each state.  In addition to the
3-58     commissioners who are the voting representatives of each state, the
3-59     Interstate Commission shall include individuals who are not
3-60     commissioners but who are members of interested organizations. Such
3-61     noncommissioner members must include a member of the national
3-62     organizations of governors, legislators, state chief justices,
3-63     attorneys general and crime victims.  All noncommissioner members
3-64     of the Interstate Commission shall be nonvoting members.  The
3-65     Interstate Commission may provide in its bylaws for such additional
3-66     nonvoting members as it deems necessary.
3-67           (c)  Each compacting state represented at any meeting of the
3-68     Interstate Commission is entitled to one vote.  A majority of the
3-69     compacting states shall constitute a quorum for the transaction of
 4-1     business, unless a larger quorum is required by the bylaws of the
 4-2     Interstate Commission.
 4-3           (d)  The Interstate Commission shall meet at least once each
 4-4     calendar year.  The chairperson may call additional meetings and,
 4-5     upon the request of 27 or more compacting states, shall call
 4-6     additional meetings.  Public notice shall be given of all meetings
 4-7     and meetings shall be open to the public, except as provided in
 4-8     Article VII of this compact.
 4-9           (e)  The Interstate Commission shall establish an executive
4-10     committee that shall include commission officers, members and
4-11     others as shall be determined by the bylaws.  The executive
4-12     committee shall have the power to act on behalf of the Interstate
4-13     Commission during periods when the Interstate Commission is not in
4-14     session, with the exception of rulemaking or amendment to the
4-15     compact.  The executive committee oversees the day-to-day
4-16     activities managed by the executive director and Interstate
4-17     Commission staff, administers enforcement and compliance with the
4-18     provisions of the compact, its bylaws and rules and as directed by
4-19     the Interstate Commission and performs other duties as directed by
4-20     the Interstate Commission or as set forth in the bylaws and rules.
4-21         ARTICLE IV.  POWERS AND DUTIES OF THE INTERSTATE COMMISSION
4-22           The Interstate Commission shall have the following powers:
4-23           (a)  To adopt a seal and suitable bylaws governing the
4-24     management and operation of the Interstate Commission.
4-25           (b)  To promulgate rules which shall have the force and
4-26     effect of statutory law and shall be binding in the compacting
4-27     states to the extent and in the manner provided in this compact.
4-28           (c)  To oversee, supervise and coordinate the interstate
4-29     movement of offenders subject to the terms of this compact and any
4-30     bylaws adopted and rules promulgated by the Interstate Commission.
4-31           (d)  To enforce compliance with the compact and the rules and
4-32     bylaws of the Interstate Commission, using all necessary and proper
4-33     means, including, but not limited to, the use of judicial process.
4-34           (e)  To establish and maintain offices.
4-35           (f)  To purchase and maintain insurance and bonds.
4-36           (g)  To borrow, accept or contract for the services of
4-37     personnel, including, but not limited to, members and their staffs.
4-38           (h)  To establish and appoint committees and hire staff that
4-39     it deems necessary to carry out its functions, including, but not
4-40     limited to, an executive committee as required by Article III of
4-41     this compact, which shall have the power to act on behalf of the
4-42     Interstate Commission in carrying out its powers and duties under
4-43     this compact.
4-44           (i)  To elect or appoint officers, attorneys, employees,
4-45     agents or consultants, and to fix their compensation, define their
4-46     duties and determine their qualifications, and to establish the
4-47     Interstate Commission's personnel policies and programs relating
4-48     to, among other things, conflicts of interest, rates of
4-49     compensation and qualifications of personnel.
4-50           (j)  To accept any and all donations and grants of money,
4-51     equipment, supplies, materials and services, and to receive,
4-52     utilize and dispose of same.
4-53           (k)  To lease, purchase, accept contributions or donations of
4-54     any property, or otherwise to own, hold, improve or use any
4-55     property, whether real, personal or mixed.
4-56           (l)  To sell, convey, mortgage, pledge, lease, exchange,
4-57     abandon or otherwise dispose of any property, whether real,
4-58     personal or mixed.
4-59           (m)  To establish a budget and make expenditures and levy
4-60     dues as provided in Article IX of this compact.
4-61           (n)  To sue and be sued.
4-62           (o)  To provide for dispute resolution among compacting
4-63     states.
4-64           (p)  To perform such functions as may be necessary or
4-65     appropriate to achieve the purposes of this compact.
4-66           (q)  To report annually to the legislatures, governors,
4-67     judiciary and State Councils of the compacting states concerning
4-68     the activities of the Interstate Commission during the preceding
4-69     year.  Such reports shall also include any recommendations that may
 5-1     have been adopted by the Interstate Commission.
 5-2           (r)  To coordinate education, training and public awareness
 5-3     regarding the interstate movement of offenders for officials
 5-4     involved in such activity.
 5-5           (s)  To establish uniform standards for the reporting,
 5-6     collecting and exchanging of data.
 5-7                   ARTICLE V.  ORGANIZATION AND OPERATION
 5-8                        OF THE INTERSTATE COMMISSION
 5-9           (a)  The Interstate Commission shall, by a majority of the
5-10     members, within 12 months of the first Interstate Commission
5-11     meeting, adopt bylaws to govern its conduct as may be necessary or
5-12     appropriate to carry out the purposes of the compact, including,
5-13     but not limited to:
5-14                 (1)  Establishing the fiscal year of the Interstate
5-15     Commission.
5-16                 (2)  Establishing an Executive Committee and such other
5-17     committees as may be necessary.
5-18                 (3)  Providing reasonable standards and procedures:
5-19                       (i)  For the establishment of committees; and
5-20                       (ii)  Governing any general or specific
5-21     delegation of any authority or function of the Interstate
5-22     Commission.
5-23                 (4)  Providing reasonable procedures for calling and
5-24     conducting meetings of the Interstate Commission, and ensuring
5-25     reasonable notice of each meeting.
5-26                 (5)  Establishing the titles and responsibilities of
5-27     the officers of the Interstate Commission.
5-28                 (6)  Providing reasonable standards and procedures for
5-29     the establishment of the personnel policies and programs of the
5-30     Interstate Commission.  Notwithstanding any civil service laws or
5-31     other similar laws of any compacting state, the bylaws shall
5-32     exclusively govern the personnel policies and programs of the
5-33     Interstate Commission.
5-34                 (7)  Providing a mechanism for winding up the
5-35     operations of the Interstate Commission and the equitable return of
5-36     any surplus funds that may exist upon the termination of the
5-37     compact after the payment or reserving of all of the Interstate
5-38     Commission's debts and obligations.
5-39                 (8)  Providing transition rules for start-up
5-40     administration of the compact.
5-41                 (9)  Establishing standards and procedures for
5-42     compliance and technical assistance in carrying out the compact.
5-43           (b)(1)  The Interstate Commission shall, by a majority of the
5-44     members, elect from among its members a chairperson and a vice
5-45     chairperson, each of whom shall have such authorities and duties as
5-46     may be specified in the bylaws.  The chairperson, or in the
5-47     chairperson's absence or disability, the vice chairperson, shall
5-48     preside at all meetings of the Interstate Commission.  The officers
5-49     so elected shall serve without compensation or remuneration from
5-50     the Interstate Commission, provided that, subject to the
5-51     availability of budgeted funds, the officers shall be reimbursed
5-52     for any actual and necessary costs and expenses incurred by them in
5-53     the performance of their duties and responsibilities as officers of
5-54     the Interstate Commission.
5-55                 (2)  The Interstate Commission shall, through its
5-56     executive committee, appoint or retain an executive director for
5-57     such period, upon such terms and conditions and for such
5-58     compensation as the Interstate Commission may deem appropriate.
5-59     The executive director shall serve as secretary to the Interstate
5-60     Commission and shall hire and supervise other staff as may be
5-61     authorized by the Interstate Commission, but shall not be a member
5-62     of the Interstate Commission.
5-63           (c)  The Interstate Commission shall maintain its corporate
5-64     books and records in accordance with the bylaws.
5-65           (d)(1)  The Interstate Commission shall defend the
5-66     commissioner of a compacting state, the commissioner's
5-67     representatives or employees or the Interstate Commission's
5-68     representatives or employees in any civil action seeking to impose
5-69     liability arising out of any actual or alleged act, error or
 6-1     omission that occurred within the scope of Interstate Commission
 6-2     employment, duties or responsibilities, or that the defendant had a
 6-3     reasonable basis for believing occurred within the scope of
 6-4     Interstate Commission employment, duties or responsibilities,
 6-5     provided that the actual or alleged act, error or omission did not
 6-6     result from intentional wrongdoing on the part of such person.
 6-7                 (2)  The Interstate Commission shall indemnify and hold
 6-8     the commissioner of a compacting state, the appointed
 6-9     representatives or employees, or the Interstate Commission's
6-10     representatives or employees, harmless in the amount of any
6-11     settlement or judgment obtained against such persons arising out of
6-12     any actual or alleged act, error or omission that occurred within
6-13     the scope of Interstate Commission employment, duties or
6-14     responsibilities, or that such persons had a reasonable basis for
6-15     believing occurred within the scope of Interstate Commission
6-16     employment, duties or responsibilities, provided that the actual or
6-17     alleged act, error or omission did not result from intentional
6-18     wrongdoing on the part of such persons.
6-19            ARTICLE VI.  ACTIVITIES OF THE INTERSTATE COMMISSION
6-20           (a)  The Interstate Commission shall meet and take such
6-21     actions as are consistent with the provisions of this compact.
6-22           (b)  Except as otherwise provided in this compact and unless
6-23     a greater percentage is required under the bylaws, in order to
6-24     constitute an act of the Interstate Commission, such act shall have
6-25     been taken at a meeting of the Interstate Commission and shall have
6-26     received an affirmative vote of a majority of the members present.
6-27           (c)  Each member of the Interstate Commission shall have the
6-28     right and power to cast a vote to which that compacting state is
6-29     entitled and to participate in the business and affairs of the
6-30     Interstate Commission.  A member shall vote in person on behalf of
6-31     the compacting state and shall not delegate a vote to another
6-32     compacting state.  However, a member may designate another
6-33     individual, in the absence of the member, to cast a vote on behalf
6-34     of the member at a specified meeting.  The bylaws may provide for
6-35     members' participation in meetings by telephone or other means of
6-36     telecommunication or electronic communication.  Any voting
6-37     conducted by telephone or other means of telecommunication or
6-38     electronic communication shall be subject to the same quorum
6-39     requirements of meetings where members are present in person.
6-40           (d)  The Interstate Commission shall meet at least once
6-41     during each calendar year.  The chairperson of the Interstate
6-42     Commission may call additional meetings at any time and, upon the
6-43     request of a majority of the members, shall call additional
6-44     meetings.
6-45           (e)  The Interstate Commission's bylaws shall establish
6-46     conditions and procedures under which the Interstate Commission
6-47     shall make its information and official records available to the
6-48     public for inspection or copying.  The Interstate Commission may
6-49     exempt from disclosure any information or official records to the
6-50     extent the information or records would adversely affect personal
6-51     privacy rights or proprietary interests.  In promulgating such
6-52     rules, the Interstate Commission may make available to law
6-53     enforcement agencies records and information otherwise exempt from
6-54     disclosure, and may enter into agreements with law enforcement
6-55     agencies to receive or exchange information or records subject to
6-56     nondisclosure and confidentiality provisions.
6-57           (f)  Public notice shall be given of all meetings, and all
6-58     meetings shall be open to the public, except as set forth in the
6-59     rules or as otherwise provided in the compact.  The Interstate
6-60     Commission shall promulgate rules consistent with the principles
6-61     contained in the Government in the Sunshine Act, 5 U.S.C.  552, as
6-62     amended.  The Interstate Commission and any of its committees may
6-63     close a meeting to the public when the Interstate Commission
6-64     determines by two-thirds vote that an open meeting would be likely
6-65     to:
6-66                 (1)  Relate solely to the Interstate Commission's
6-67     internal personnel practices and procedures;
6-68                 (2)  Disclose matters specifically exempted from
6-69     disclosure by statute;
 7-1                 (3)  Disclose trade secrets or commercial or financial
 7-2     information that is privileged or confidential;
 7-3                 (4)  Involve accusing any person of a crime or formally
 7-4     censuring any person;
 7-5                 (5)  Disclose information of a personal nature when
 7-6     such disclosure would constitute a clearly unwarranted invasion of
 7-7     personal privacy;
 7-8                 (6)  Disclose investigatory records compiled for law
 7-9     enforcement purposes;
7-10                 (7)  Disclose information contained in or related to
7-11     examination, operating or condition reports prepared by, or on
7-12     behalf of or for the use of, the Interstate Commission with respect
7-13     to a regulated entity for the purpose of regulation or supervision
7-14     of such entity;
7-15                 (8)  Disclose information when such premature
7-16     disclosure would significantly endanger the life of a person or the
7-17     stability of a regulated entity; or
7-18                 (9)  Specifically relate to the Interstate Commission's
7-19     issuance of a subpoena or its participation in a civil action or
7-20     proceeding.
7-21           (g)  For every meeting closed pursuant to Subsection (f) of
7-22     this Article, the Interstate Commission's chief legal officer shall
7-23     publicly certify that, in the officer's opinion, the meeting may be
7-24     closed to the public and shall make reference to each relevant
7-25     provision authorizing closure of the meeting.  The Interstate
7-26     Commission shall keep minutes that fully and clearly describe all
7-27     matters discussed in any meeting and shall provide a full and
7-28     accurate summary of any action taken, and the reasons therefor,
7-29     including a description of each of the views expressed on any item
7-30     and the record of any roll call vote (reflected in the vote of each
7-31     member on the question).  All documents considered in connection
7-32     with any action shall be identified in such minutes.
7-33           (h)  The Interstate Commission shall collect standardized
7-34     data concerning the interstate movement of offenders as directed
7-35     through its bylaws and rules that specify the data to be collected,
7-36     the means of collection and data exchange and reporting
7-37     requirements.
7-38                  ARTICLE VII.  RULEMAKING FUNCTIONS OF THE
7-39                            INTERSTATE COMMISSION
7-40           (a)  The Interstate Commission shall promulgate rules in
7-41     order to effectively and efficiently achieve the purposes of the
7-42     compact, including transition rules governing administration of the
7-43     compact during the period in which it is being considered and
7-44     enacted by the states.
7-45           (b)  Rulemaking shall occur pursuant to the criteria set
7-46     forth in this Article and the bylaws and rules adopted pursuant
7-47     thereto.   Such rulemaking shall substantially conform to the
7-48     principles of the federal Administrative Procedure Act, 5 U.S.C.
7-49     551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.
7-50     Appendix 2, section 1 et seq., as amended.  All rules and
7-51     amendments shall become binding as of the date specified in each
7-52     rule or amendment.
7-53           (c)  If a majority of the legislatures of the compacting
7-54     states rejects a rule, by enactment of a statute or resolution in
7-55     the same manner used to adopt the compact, then such rule shall
7-56     have no further force and effect in any compacting state.
7-57           (d)  When promulgating a rule, the Interstate Commission
7-58     shall:
7-59                 (1)  Publish the proposed rule, stating with
7-60     particularity the text of the rule that is proposed and the reason
7-61     for the proposed rule;
7-62                 (2)  Allow persons to submit written data, facts,
7-63     opinions and arguments, which information shall be publicly
7-64     available;
7-65                 (3)  Provide an opportunity for an informal hearing;
7-66     and
7-67                 (4)  Promulgate a final rule and its effective date, if
7-68     appropriate, based on the rulemaking record.  Not later than 60
7-69     days after a rule is promulgated, any interested person may file a
 8-1     petition in the United States District Court for the District of
 8-2     Columbia or in the federal district court where the Interstate
 8-3     Commission's principal office is located for judicial review of the
 8-4     rule.  If the court finds that the Interstate Commission's action
 8-5     is not supported by substantial evidence in the rulemaking record,
 8-6     the court shall hold the rule unlawful and set it aside. For
 8-7     purposes of this subsection, evidence is substantial if it would be
 8-8     considered substantial evidence under the federal Administrative
 8-9     Procedure Act, 5 U.S.C.  551 et seq., and the Federal Advisory
8-10     Committee Act, 5 U.S.C.  Appendix 2, section 1 et seq., as amended.
8-11           (e)  Rules related to the following subjects must be
8-12     addressed within 12 months after the first meeting of the
8-13     Interstate Commission:
8-14                 (1)  Notice to victims and opportunity to be heard;
8-15                 (2)  Offender registration and compliance;
8-16                 (3)  Violations and returns;
8-17                 (4)  Transfer procedures and forms;
8-18                 (5)  Eligibility for transfer;
8-19                 (6)  Collection of restitution and fees from offenders;
8-20                 (7)  Data collection and reporting;
8-21                 (8)  The level of supervision to be provided by the
8-22     receiving state;
8-23                 (9)  Transition rules governing the operation of the
8-24     compact and the Interstate Commission during all or part of the
8-25     period between the effective date of the compact and the date on
8-26     which the last eligible state adopts the compact; and
8-27                 (10)  Mediation, arbitration and dispute resolution.
8-28           (f)  The existing rules governing the operation of the
8-29     previous compact superseded by this compact shall be null and void
8-30     12 months after the first meeting of the Interstate Commission
8-31     created under this compact.
8-32           (g)  Upon determination by the Interstate Commission that an
8-33     emergency exists, the Interstate Commission may promulgate an
8-34     emergency rule which shall become effective immediately upon
8-35     adoption, provided that the usual rulemaking procedures provided in
8-36     this Article shall be retroactively applied to said rule as soon as
8-37     reasonably possible, but no later than 90 days after the effective
8-38     date of the rule.
8-39        ARTICLE VIII.  OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
8-40                        BY THE INTERSTATE COMMISSION
8-41           (a)(1)  The Interstate Commission shall oversee the
8-42     Interstate movement of adult offenders in the compacting states and
8-43     shall monitor such activities being administered in noncompacting
8-44     states that may significantly affect compacting states.
8-45                 (2)  The courts and executive agencies in each
8-46     compacting state shall enforce this compact and shall take all
8-47     actions necessary and appropriate to effectuate the compact's
8-48     purposes and intent. In any judicial or administrative proceeding
8-49     in a compacting state pertaining to the subject matter of this
8-50     compact that may affect the powers, responsibilities or actions of
8-51     the Interstate Commission, the Interstate Commission shall be
8-52     entitled to receive all service of process in any such proceeding
8-53     and shall have standing to intervene in the proceeding for all
8-54     purposes.
8-55           (b)(1)  The compacting states shall report to the Interstate
8-56     Commission on issues or activities of concern to them and cooperate
8-57     with and support the Interstate Commission in the discharge of its
8-58     duties and responsibilities.
8-59                 (2)  The Interstate Commission shall attempt to resolve
8-60     any disputes or other issues that are subject to the compact and
8-61     that may arise among compacting states and noncompacting states.
8-62     The Interstate Commission shall enact a bylaw or promulgate a rule
8-63     providing for both mediation and binding dispute resolution for
8-64     disputes among the compacting states.
8-65           (c)  The Interstate Commission, in the reasonable exercise of
8-66     its discretion, shall enforce the provisions of this compact using
8-67     any or all means set forth in Article XI (b) of this compact.
8-68                            ARTICLE IX.  FINANCE
8-69           (a)  The Interstate Commission shall pay or provide for the
 9-1     payment of the reasonable expenses of its establishment,
 9-2     organization and ongoing activities.
 9-3           (b)  The Interstate Commission shall levy on and collect an
 9-4     annual assessment from each compacting state to cover the cost of
 9-5     the internal operations and activities of the Interstate Commission
 9-6     and its staff, which must be in a total amount sufficient to cover
 9-7     the Interstate Commission's annual budget as approved each year.
 9-8     The aggregate annual assessment amount shall be allocated based
 9-9     upon a formula to be determined by the Interstate Commission,
9-10     taking into consideration the population of the state and the
9-11     volume of interstate movement of offenders in each compacting
9-12     state.  The Interstate Commission shall promulgate a rule binding
9-13     upon all compacting states that governs said assessment.
9-14           (c)  The Interstate Commission shall not incur any
9-15     obligations of any kind prior to securing the funds adequate to
9-16     meet the same, nor shall the Interstate Commission pledge the
9-17     credit of any of the compacting states, except by and with the
9-18     authority of the compacting state.
9-19           (d)  The Interstate Commission shall keep accurate accounts
9-20     of all receipts and disbursements.  The receipts and disbursements
9-21     of the Interstate Commission shall be subject to the audit and
9-22     accounting procedures established under its bylaws.  However, all
9-23     receipts and disbursements of funds handled by the Interstate
9-24     Commission shall be audited yearly by a certified or licensed
9-25     public accountant and the report of the audit shall be included in
9-26     and become part of the annual report of the Interstate Commission.
9-27         ARTICLE X.  COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
9-28           (a)  Any state, as defined in Article II of this compact, is
9-29     eligible to become a compacting state.
9-30           (b)  The compact shall become effective and binding upon
9-31     legislative enactment of the compact into law by no fewer than 35
9-32     of the states.  The initial effective date shall be the later of
9-33     July 1, 2001, or upon enactment into law by the 35th jurisdiction.
9-34     Thereafter, the compact shall become effective and binding, as to
9-35     any other compacting state, upon enactment of the compact into law
9-36     by that state.  The governors of noncompacting states or their
9-37     designees may be invited to participate in Interstate Commission
9-38     activities on a non-voting basis prior to adoption of the compact
9-39     by all states.
9-40           (c)  Amendments to the compact may be proposed by the
9-41     Interstate Commission for enactment by the compacting states.  No
9-42     amendment shall become effective and binding upon the Interstate
9-43     Commission and the compacting states unless and until it is enacted
9-44     into law by unanimous consent of the compacting states.
9-45                ARTICLE XI.  WITHDRAWAL, DEFAULT, TERMINATION
9-46                          AND JUDICIAL ENFORCEMENT
9-47           (a)(1)  Once effective, the compact shall continue in force
9-48     and remain binding upon each and every compacting state, provided
9-49     that a compacting state may withdraw from the compact by
9-50     specifically repealing the statute that enacted the compact into
9-51     law.
9-52                 (2)  The effective date of withdrawal is the effective
9-53     date of the repeal of the statute that enacted the compact into
9-54     law.
9-55                 (3)  The withdrawing state shall immediately notify the
9-56     chairperson of the Interstate Commission in writing upon the
9-57     introduction of legislation repealing this compact in the
9-58     withdrawing state.  The Interstate Commission shall notify the
9-59     other compacting states of the withdrawing state's intent to
9-60     withdraw within 60 days of its receipt thereof.
9-61                 (4)  The withdrawing state is responsible for all
9-62     assessments, obligations and liabilities incurred through the
9-63     effective date of withdrawal, including any obligations, the
9-64     performance of which extend beyond the effective date of
9-65     withdrawal.
9-66                 (5)  Reinstatement following withdrawal of any
9-67     compacting state shall occur upon the withdrawing state reenacting
9-68     the compact or upon such later date as determined by the Interstate
9-69     Commission.
 10-1          (b)(1)  If the Interstate Commission determines that any
 10-2    compacting state has at any time defaulted in the performance of
 10-3    any of its obligations or responsibilities under this compact or
 10-4    the bylaws or rules of the Interstate Commission, the Interstate
 10-5    Commission may impose any or all of the following penalties:
 10-6                      (i)  Fines, fees and costs in such amounts as are
 10-7    deemed to be reasonable as fixed by the Interstate Commission;
 10-8                      (ii)  Remedial training and technical assistance
 10-9    as directed by the Interstate Commission;
10-10                      (iii)  Suspension and termination of membership
10-11    in the compact. Suspension shall be imposed only after all other
10-12    reasonable means of securing compliance under the bylaws and rules
10-13    have been exhausted.  Immediate notice of suspension shall be given
10-14    by the Interstate Commission to the governor, the chief justice or
10-15    chief judicial officer of the defaulting state; the majority and
10-16    minority leaders of the defaulting state's legislature, and the
10-17    state council.
10-18                (2)  The grounds for default include, but are not
10-19    limited to, failure of a compacting state to perform obligations or
10-20    responsibilities imposed upon it by this compact or the Interstate
10-21    Commission bylaws or rules.  The Interstate Commission shall
10-22    immediately notify the defaulting state in writing of the penalty
10-23    imposed by the Interstate Commission on the defaulting state
10-24    pending a cure of the default.  The Interstate Commission shall
10-25    stipulate the conditions and the time period within which the
10-26    defaulting state must cure its default.  If the defaulting state
10-27    fails to cure the default within the time period specified by the
10-28    Interstate Commission, in addition to any other penalties imposed,
10-29    the defaulting state may be terminated from the compact upon an
10-30    affirmative vote of a majority of the compacting states and all
10-31    rights, privileges and benefits conferred by this compact shall be
10-32    terminated from the effective date of suspension.  Within 60 days
10-33    of the effective date of termination of a defaulting state, the
10-34    Interstate Commission shall notify the governor, the chief justice
10-35    or chief judicial officer of the defaulting state, the majority and
10-36    minority leaders of the defaulting state's legislature and the
10-37    State Council of such termination.
10-38                (3)  The defaulting state is responsible for all
10-39    assessments, obligations and liabilities incurred through the
10-40    effective date of termination, including any obligations, the
10-41    performance of which extend beyond the effective date of
10-42    termination.
10-43                (4)  The Interstate Commission shall not bear any costs
10-44    relating to the defaulting state unless otherwise mutually agreed
10-45    upon between the Interstate Commission and the defaulting state.
10-46    Reinstatement following termination of any compacting state
10-47    requires both a reenactment of the compact by the defaulting state
10-48    and the approval of the Interstate Commission pursuant to the
10-49    rules.
10-50          (c)  The Interstate Commission may, by majority vote of the
10-51    members, initiate legal action in the United States District Court
10-52    for the District of Columbia or, at the discretion of the
10-53    Interstate Commission, in the federal district court where the
10-54    Interstate Commission has its principal office to enforce
10-55    compliance with the provisions of the compact, its rules or bylaws
10-56    against any compacting state in default.  In the event judicial
10-57    enforcement is necessary, the prevailing party shall be awarded all
10-58    costs of such litigation, including reasonable attorney fees.
10-59          (d)(1)  The compact dissolves effective upon the date of the
10-60    withdrawal or default of the compacting state that reduces
10-61    membership in the compact to one compacting state.
10-62                (2)  Upon the dissolution of this compact, the compact
10-63    becomes null and void and shall be of no further force or effect,
10-64    and the business and affairs of the Interstate Commission shall be
10-65    wound up and any surplus funds shall be distributed in accordance
10-66    with the bylaws.
10-67                ARTICLE XII.  SEVERABILITY AND CONSTRUCTION
10-68          (a)  The provisions of this compact shall be severable, and
10-69    if any phrase, clause, sentence or provision is deemed
 11-1    unenforceable, the remaining provisions of the compact shall be
 11-2    enforceable.
 11-3          (b)  The provisions of this compact shall be liberally
 11-4    construed to effectuate its purposes.
 11-5          ARTICLE XIII.  BINDING EFFECT OF COMPACT AND OTHER LAWS
 11-6          (a)(1)  Nothing in this compact prevents the enforcement of
 11-7    any other law of a compacting state that is not inconsistent with
 11-8    this compact.
 11-9                (2)  All agreements between the Interstate Commission
11-10    and the compacting states are binding in accordance with their
11-11    terms.
11-12                (3)  Upon the request of a party to a conflict over
11-13    meaning or interpretation of Interstate Commission actions, and
11-14    upon a majority vote of the compacting states, the Interstate
11-15    Commission may issue advisory opinions regarding such meaning or
11-16    interpretation.
11-17                (4)  In the event any provision of this compact exceeds
11-18    the constitutional limits imposed on the legislature of any
11-19    compacting state, the obligations, duties, powers or jurisdiction
11-20    sought to be conferred by such provision upon the Interstate
11-21    Commission shall be ineffective and such obligations, duties,
11-22    powers or jurisdiction shall remain in the compacting state and
11-23    shall be exercised by the agency thereof to which such obligations,
11-24    duties, powers or jurisdiction are delegated by law in effect at
11-25    the time this compact becomes effective.
11-26          SECTION 2.  Article 42.11, Code of Criminal Procedure, is
11-27    repealed effective on the first anniversary of the date on which
11-28    the Interstate Compact for Adult Offender Supervision, by its own
11-29    terms, becomes effective.
11-30          SECTION 3.  In appointing the initial members of the Texas
11-31    State Council for Interstate Adult Offender Supervision:
11-32                (1)  the governor shall appoint one person to serve a
11-33    term expiring February 1, 2003, one member to serve a term expiring
11-34    February 1, 2005, and one member to serve a term expiring February
11-35    1, 2007;
11-36                (2)  the presiding judge of the court of criminal
11-37    appeals shall appoint one person to serve a term expiring February
11-38    1, 2007;
11-39                (3)  the lieutenant governor shall appoint one person
11-40    to serve a term expiring September 1, 2005; and
11-41                (4)  the speaker of the house of representatives shall
11-42    appoint one person to serve a term expiring February 1, 2003.
11-43          SECTION 4.  This Act takes effect immediately if it receives
11-44    a vote of two-thirds of all the members elected to each house, as
11-45    provided by Section 39, Article III, Texas Constitution.  If this
11-46    Act does not receive the vote necessary for immediate effect, this
11-47    Act takes effect September 1, 2001.
11-48                                 * * * * *