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 * * * * *