By Armbrister S.B. No. 1117 77R8129 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ratification of the Interstate Compact for Adult 1-3 Offender Supervision. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle G, Title 4, Government Code, is amended 1-6 by adding Chapter 510 to read as follows: 1-7 CHAPTER 510. INTERSTATE COMPACT FOR 1-8 ADULT OFFENDER SUPERVISION 1-9 SUBCHAPTER A. GENERAL PROVISIONS 1-10 Sec. 510.001. DEFINITIONS. In this chapter: 1-11 (1) "Commission" means the Interstate Commission for 1-12 Adult Offender Supervision. 1-13 (2) "Compact" means the Interstate Compact for Adult 1-14 Offender Supervision. 1-15 (3) "State council" means the Texas State Council for 1-16 Interstate Adult Offender Supervision. 1-17 Sec. 510.002. APPLICABILITY OF CHAPTER 2110. Chapter 2110 1-18 applies to the state council, except for Sections 2110.002, 1-19 2110.003, and 2110.008. 1-20 Sec. 510.003. ADMINISTRATION. The state council and the 1-21 compact administrator are administratively attached to the 1-22 department. 1-23 (Sections 510.004-510.010 reserved for expansion 1-24 SUBCHAPTER B. TEXAS STATE COUNCIL FOR INTERSTATE 2-1 ADULT OFFENDER SUPERVISION 2-2 Sec. 510.011. ESTABLISHMENT. The Texas State Council for 2-3 Interstate Adult Offender Supervision is established. 2-4 Sec. 510.012. COMPOSITION; TERMS. (a) The state council is 2-5 composed of the executive director or the executive director's 2-6 designee and: 2-7 (1) three members appointed by the governor, one of 2-8 whom must be a representative of an organization representing the 2-9 rights of victims of crime; 2-10 (2) one member appointed by the presiding judge of the 2-11 court of criminal appeals; 2-12 (3) one member appointed by the lieutenant governor; 2-13 and 2-14 (4) one member appointed by the speaker of the house 2-15 of representatives. 2-16 (b) Appointed members of the state council serve staggered 2-17 terms of six years, with the terms of two members expiring February 2-18 1 of each odd-numbered year. 2-19 Sec. 510.013. DUTIES OF EXECUTIVE DIRECTOR, EXECUTIVE 2-20 DIRECTOR'S DESIGNEE. The executive director or the executive 2-21 director's designee serves as: 2-22 (1) the presiding officer of the state council; 2-23 (2) the state's compact administrator; and 2-24 (3) the state's commissioner to the commission. 2-25 Sec. 510.014. DUTIES OF COUNCIL. The council shall advise 2-26 the compact administrator on the state's participation in 2-27 commission activities and the administration of the compact. 3-1 Sec. 510.015. LIABILITIES FOR CERTAIN COMMISSION AGENTS. A 3-2 member, officer, executive director, employee, or agent of the 3-3 commission acting within the scope of the person's employment or 3-4 duties is, for the purposes of acts and omissions occurring within 3-5 this state, entitled to the same protections under Chapter 104, 3-6 Civil Practice and Remedies Code, as an employee, a member of the 3-7 governing board, or any other officer of a state agency, 3-8 institution, or department. 3-9 Sec. 510.016. EFFECT ON TEXAS LAWS. In the event the laws of 3-10 this state conflict with the compact, the compact controls, except 3-11 that in the event of a conflict between the compact and the Texas 3-12 Constitution, as determined by the courts of this state, the Texas 3-13 Constitution controls. 3-14 Sec. 510.017. COMPACT TO BE ENTERED; TEXT. The Interstate 3-15 Compact for Adult Offender Supervision is hereby entered into and 3-16 enacted into law as follows: 3-17 ARTICLE I. PURPOSE 3-18 (a) The compacting states to this interstate compact 3-19 recognize that each state is responsible for the supervision of 3-20 adult offenders in the community who are authorized pursuant to the 3-21 bylaws and rules of this compact to travel across state lines both 3-22 to and from each compacting state in such a manner as to track the 3-23 location of offenders, transfer supervision authority in an orderly 3-24 and efficient manner and, when necessary, return offenders to the 3-25 originating jurisdictions. The compacting states also recognize 3-26 that the United States Congress, by enacting 4 U.S.C. 112, has 3-27 authorized and encouraged compacts for cooperative efforts and 4-1 mutual assistance in the prevention of crime. 4-2 (b) It is the purpose of this compact and the Interstate 4-3 Commission created under this compact, through means of joint and 4-4 cooperative action among the compacting states: To provide the 4-5 framework for the promotion of public safety and protect the rights 4-6 of victims through the control and regulation of the interstate 4-7 movement of offenders in the community; to provide for the 4-8 effective tracking, supervision and rehabilitation of these 4-9 offenders by the sending and receiving states; and to equitably 4-10 distribute the costs, benefits and obligations of the compact among 4-11 the compacting states. 4-12 (c) In addition, this compact is intended to: Create an 4-13 Interstate Commission that will establish uniform procedures to 4-14 manage the movement between states of offenders placed under 4-15 community supervision and released to the community under the 4-16 jurisdiction of courts, paroling authorities or corrections or 4-17 other criminal justice agencies that will promulgate rules to 4-18 achieve the purpose of this compact; ensure an opportunity for 4-19 input and timely notice to victims and to jurisdictions where 4-20 offenders are authorized to travel or to relocate across state 4-21 lines; establish a system of uniform data collection, access to 4-22 information on active cases by authorized criminal justice 4-23 officials and regular reporting of compact activities to the heads 4-24 of State Councils, the state executive, judicial and legislative 4-25 branches and the criminal justice administrators; monitor 4-26 compliance with rules governing interstate movement of offenders 4-27 and initiate interventions to address and correct noncompliance; 5-1 and coordinate training and education on the regulation of 5-2 interstate movement of offenders for officials involved in such 5-3 activity. 5-4 (d) The compacting states recognize that there is no right 5-5 of any offender to live in another state and that duly accredited 5-6 officers of a sending state may at all times enter a receiving 5-7 state and there apprehend and retake any offender under 5-8 supervision, subject to the provisions of this compact and the 5-9 bylaws and rules promulgated under this compact. It is the policy 5-10 of the compacting states that the activities conducted by the 5-11 Interstate Commission are intended to formulate public policy and 5-12 are therefore public business. 5-13 ARTICLE II. DEFINITIONS 5-14 As used in this compact, unless the context clearly requires 5-15 a different construction: 5-16 (a) "Adult" means a person who is 18 years of age or older 5-17 or a person under 18 years of age who is legally classified, either 5-18 by statute or court order, as an adult. 5-19 (b) "Bylaws" means those bylaws established by the 5-20 Interstate Commission for its governance or for directing or 5-21 controlling the Interstate Commission's actions or conduct. 5-22 (c) "Compact Administrator" means the individual in each 5-23 compacting state appointed pursuant to the terms of this compact 5-24 responsible for the administration and management of the state's 5-25 supervision and transfer of offenders subject to the terms of this 5-26 compact, the rules adopted by the Interstate Commission and 5-27 policies adopted by the State Council under this compact. 6-1 (d) "Compacting state" means any state which has enacted the 6-2 enabling legislation for this compact. 6-3 (e) "Commissioner" means the voting representative of each 6-4 compacting state appointed pursuant to Article III of this compact. 6-5 (f) "Interstate Commission" means the Interstate Commission 6-6 for Adult Offender Supervision created by Article III of this 6-7 compact. 6-8 (g) "Member" means the commissioner of a compacting state or 6-9 the commissioner's designee, who shall be an individual officially 6-10 connected with the commissioner. 6-11 (h) "Noncompacting state" means any state that has not 6-12 enacted the enabling legislation for this compact. 6-13 (i) "Offender" means an adult placed under or subject to 6-14 supervision as the result of the commission of a criminal offense 6-15 and released to the community under the jurisdiction of courts, 6-16 paroling authorities or corrections or other criminal justice 6-17 agencies. 6-18 (j) "Person" means any individual, corporation, business 6-19 enterprise or other legal entity, either public or private. 6-20 (k) "Rules" means acts of the Interstate Commission, duly 6-21 promulgated pursuant to Article VII of this compact and 6-22 substantially affecting interested parties in addition to the 6-23 Interstate Commission, that have the force and effect of law in the 6-24 compacting states. 6-25 (l) "State" means a state of the United States, the District 6-26 of Columbia or any territorial possession of the United States. 6-27 (m) "State Council" means the resident members of the State 7-1 Council for Interstate Adult Offender Supervision created by each 7-2 state under this compact. 7-3 ARTICLE III. THE INTERSTATE COMMISSION 7-4 FOR ADULT OFFENDER SUPERVISION 7-5 (a) The compacting states hereby create the Interstate 7-6 Commission for Adult Offender Supervision. The Interstate 7-7 Commission shall be a body corporate and joint agency of the 7-8 compacting states. The Interstate Commission shall have all the 7-9 responsibilities, powers and duties set forth in this compact, 7-10 including the power to sue and be sued and such additional powers 7-11 as may be conferred upon it by subsequent action of the respective 7-12 legislatures of the compacting states in accordance with the terms 7-13 of this compact. 7-14 (b) The Interstate Commission shall consist of commissioners 7-15 selected and appointed by each state. In addition to the 7-16 commissioners who are the voting representatives of each state, the 7-17 Interstate Commission shall include individuals who are not 7-18 commissioners but who are members of interested organizations. Such 7-19 noncommissioner members must include a member of the national 7-20 organizations of governors, legislators, state chief justices, 7-21 attorneys general and crime victims. All noncommissioner members 7-22 of the Interstate Commission shall be nonvoting members. The 7-23 Interstate Commission may provide in its bylaws for such additional 7-24 nonvoting members as it deems necessary. 7-25 (c) Each compacting state represented at any meeting of the 7-26 Interstate Commission is entitled to one vote. A majority of the 7-27 compacting states shall constitute a quorum for the transaction of 8-1 business, unless a larger quorum is required by the bylaws of the 8-2 Interstate Commission. 8-3 (d) The Interstate Commission shall meet at least once each 8-4 calendar year. The chairperson may call additional meetings and, 8-5 upon the request of 27 or more compacting states, shall call 8-6 additional meetings. Public notice shall be given of all meetings 8-7 and meetings shall be open to the public, except as provided in 8-8 Article VII of this compact. 8-9 (e) The Interstate Commission shall establish an executive 8-10 committee that shall include commission officers, members and 8-11 others as shall be determined by the bylaws. The executive 8-12 committee shall have the power to act on behalf of the Interstate 8-13 Commission during periods when the Interstate Commission is not in 8-14 session, with the exception of rulemaking or amendment to the 8-15 compact. The executive committee oversees the day-to-day 8-16 activities managed by the executive director and Interstate 8-17 Commission staff, administers enforcement and compliance with the 8-18 provisions of the compact, its bylaws and rules and as directed by 8-19 the Interstate Commission and performs other duties as directed by 8-20 the Interstate Commission or as set forth in the bylaws and rules. 8-21 ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION 8-22 The Interstate Commission shall have the following powers: 8-23 (a) To adopt a seal and suitable bylaws governing the 8-24 management and operation of the Interstate Commission. 8-25 (b) To promulgate rules which shall have the force and 8-26 effect of statutory law and shall be binding in the compacting 8-27 states to the extent and in the manner provided in this compact. 9-1 (c) To oversee, supervise and coordinate the interstate 9-2 movement of offenders subject to the terms of this compact and any 9-3 bylaws adopted and rules promulgated by the Interstate Commission. 9-4 (d) To enforce compliance with the compact and the rules and 9-5 bylaws of the Interstate Commission, using all necessary and proper 9-6 means, including, but not limited to, the use of judicial process. 9-7 (e) To establish and maintain offices. 9-8 (f) To purchase and maintain insurance and bonds. 9-9 (g) To borrow, accept or contract for the services of 9-10 personnel, including, but not limited to, members and their staffs. 9-11 (h) To establish and appoint committees and hire staff that 9-12 it deems necessary to carry out its functions, including, but not 9-13 limited to, an executive committee as required by Article III of 9-14 this compact, which shall have the power to act on behalf of the 9-15 Interstate Commission in carrying out its powers and duties under 9-16 this compact. 9-17 (i) To elect or appoint officers, attorneys, employees, 9-18 agents or consultants, and to fix their compensation, define their 9-19 duties and determine their qualifications, and to establish the 9-20 Interstate Commission's personnel policies and programs relating 9-21 to, among other things, conflicts of interest, rates of 9-22 compensation and qualifications of personnel. 9-23 (j) To accept any and all donations and grants of money, 9-24 equipment, supplies, materials and services, and to receive, 9-25 utilize and dispose of same. 9-26 (k) To lease, purchase, accept contributions or donations of 9-27 any property, or otherwise to own, hold, improve or use any 10-1 property, whether real, personal or mixed. 10-2 (l) To sell, convey, mortgage, pledge, lease, exchange, 10-3 abandon or otherwise dispose of any property, whether real, 10-4 personal or mixed. 10-5 (m) To establish a budget and make expenditures and levy 10-6 dues as provided in Article IX of this compact. 10-7 (n) To sue and be sued. 10-8 (o) To provide for dispute resolution among compacting 10-9 states. 10-10 (p) To perform such functions as may be necessary or 10-11 appropriate to achieve the purposes of this compact. 10-12 (q) To report annually to the legislatures, governors, 10-13 judiciary and State Councils of the compacting states concerning 10-14 the activities of the Interstate Commission during the preceding 10-15 year. Such reports shall also include any recommendations that may 10-16 have been adopted by the Interstate Commission. 10-17 (r) To coordinate education, training and public awareness 10-18 regarding the interstate movement of offenders for officials 10-19 involved in such activity. 10-20 (s) To establish uniform standards for the reporting, 10-21 collecting and exchanging of data. 10-22 ARTICLE V. ORGANIZATION AND OPERATION 10-23 OF THE INTERSTATE COMMISSION 10-24 (a) The Interstate Commission shall, by a majority of the 10-25 members, within 12 months of the first Interstate Commission 10-26 meeting, adopt bylaws to govern its conduct as may be necessary or 10-27 appropriate to carry out the purposes of the compact, including, 11-1 but not limited to: 11-2 (1) Establishing the fiscal year of the Interstate 11-3 Commission. 11-4 (2) Establishing an Executive Committee and such other 11-5 committees as may be necessary. 11-6 (3) Providing reasonable standards and procedures: 11-7 (i) For the establishment of committees; and 11-8 (ii) Governing any general or specific 11-9 delegation of any authority or function of the Interstate 11-10 Commission. 11-11 (4) Providing reasonable procedures for calling and 11-12 conducting meetings of the Interstate Commission, and ensuring 11-13 reasonable notice of each meeting. 11-14 (5) Establishing the titles and responsibilities of 11-15 the officers of the Interstate Commission. 11-16 (6) Providing reasonable standards and procedures for 11-17 the establishment of the personnel policies and programs of the 11-18 Interstate Commission. Notwithstanding any civil service laws or 11-19 other similar laws of any compacting state, the bylaws shall 11-20 exclusively govern the personnel policies and programs of the 11-21 Interstate Commission. 11-22 (7) Providing a mechanism for winding up the 11-23 operations of the Interstate Commission and the equitable return of 11-24 any surplus funds that may exist upon the termination of the 11-25 compact after the payment or reserving of all of the Interstate 11-26 Commission's debts and obligations. 11-27 (8) Providing transition rules for start-up 12-1 administration of the compact. 12-2 (9) Establishing standards and procedures for 12-3 compliance and technical assistance in carrying out the compact. 12-4 (b)(1) The Interstate Commission shall, by a majority of the 12-5 members, elect from among its members a chairperson and a vice 12-6 chairperson, each of whom shall have such authorities and duties as 12-7 may be specified in the bylaws. The chairperson, or in the 12-8 chairperson's absence or disability, the vice chairperson, shall 12-9 preside at all meetings of the Interstate Commission. The officers 12-10 so elected shall serve without compensation or remuneration from 12-11 the Interstate Commission, provided that, subject to the 12-12 availability of budgeted funds, the officers shall be reimbursed 12-13 for any actual and necessary costs and expenses incurred by them in 12-14 the performance of their duties and responsibilities as officers of 12-15 the Interstate Commission. 12-16 (2) The Interstate Commission shall, through its 12-17 executive committee, appoint or retain an executive director for 12-18 such period, upon such terms and conditions and for such 12-19 compensation as the Interstate Commission may deem appropriate. 12-20 The executive director shall serve as secretary to the Interstate 12-21 Commission and shall hire and supervise other staff as may be 12-22 authorized by the Interstate Commission, but shall not be a member 12-23 of the Interstate Commission. 12-24 (c) The Interstate Commission shall maintain its corporate 12-25 books and records in accordance with the bylaws. 12-26 (d)(1) The Interstate Commission shall defend the 12-27 commissioner of a compacting state, the commissioner's 13-1 representatives or employees or the Interstate Commission's 13-2 representatives or employees in any civil action seeking to impose 13-3 liability arising out of any actual or alleged act, error or 13-4 omission that occurred within the scope of Interstate Commission 13-5 employment, duties or responsibilities, or that the defendant had a 13-6 reasonable basis for believing occurred within the scope of 13-7 Interstate Commission employment, duties or responsibilities, 13-8 provided that the actual or alleged act, error or omission did not 13-9 result from intentional wrongdoing on the part of such person. 13-10 (2) The Interstate Commission shall indemnify and hold 13-11 the commissioner of a compacting state, the appointed 13-12 representatives or employees, or the Interstate Commission's 13-13 representatives or employees, harmless in the amount of any 13-14 settlement or judgment obtained against such persons arising out of 13-15 any actual or alleged act, error or omission that occurred within 13-16 the scope of Interstate Commission employment, duties or 13-17 responsibilities, or that such persons had a reasonable basis for 13-18 believing occurred within the scope of Interstate Commission 13-19 employment, duties or responsibilities, provided that the actual or 13-20 alleged act, error or omission did not result from intentional 13-21 wrongdoing on the part of such persons. 13-22 ARTICLE VI. ACTIVITIES OF THE INTERSTATE COMMISSION 13-23 (a) The Interstate Commission shall meet and take such 13-24 actions as are consistent with the provisions of this compact. 13-25 (b) Except as otherwise provided in this compact and unless 13-26 a greater percentage is required under the bylaws, in order to 13-27 constitute an act of the Interstate Commission, such act shall have 14-1 been taken at a meeting of the Interstate Commission and shall have 14-2 received an affirmative vote of a majority of the members present. 14-3 (c) Each member of the Interstate Commission shall have the 14-4 right and power to cast a vote to which that compacting state is 14-5 entitled and to participate in the business and affairs of the 14-6 Interstate Commission. A member shall vote in person on behalf of 14-7 the compacting state and shall not delegate a vote to another 14-8 compacting state. However, the Director of the Department of 14-9 Corrections may designate another individual, in the absence of the 14-10 director, to cast a vote on behalf of the director at a specified 14-11 meeting. The bylaws may provide for members' participation in 14-12 meetings by telephone or other means of telecommunication or 14-13 electronic communication. Any voting conducted by telephone or 14-14 other means of telecommunication or electronic communication shall 14-15 be subject to the same quorum requirements of meetings where 14-16 members are present in person. 14-17 (d) The Interstate Commission shall meet at least once 14-18 during each calendar year. The chairperson of the Interstate 14-19 Commission may call additional meetings at any time and, upon the 14-20 request of a majority of the members, shall call additional 14-21 meetings. 14-22 (e) The Interstate Commission's bylaws shall establish 14-23 conditions and procedures under which the Interstate Commission 14-24 shall make its information and official records available to the 14-25 public for inspection or copying. The Interstate Commission may 14-26 exempt from disclosure any information or official records to the 14-27 extent the information or records would adversely affect personal 15-1 privacy rights or proprietary interests. In promulgating such 15-2 rules, the Interstate Commission may make available to law 15-3 enforcement agencies records and information otherwise exempt from 15-4 disclosure, and may enter into agreements with law enforcement 15-5 agencies to receive or exchange information or records subject to 15-6 nondisclosure and confidentiality provisions. 15-7 (f) Public notice shall be given of all meetings, and all 15-8 meetings shall be open to the public, except as set forth in the 15-9 rules or as otherwise provided in the compact. The Interstate 15-10 Commission shall promulgate rules consistent with the principles 15-11 contained in the Government in the Sunshine Act, 5 U.S.C. 552, as 15-12 amended. The Interstate Commission and any of its committees may 15-13 close a meeting to the public when the Interstate Commission 15-14 determines by two-thirds vote that an open meeting would be likely 15-15 to: 15-16 (1) Relate solely to the Interstate Commission's 15-17 internal personnel practices and procedures; 15-18 (2) Disclose matters specifically exempted from 15-19 disclosure by statute; 15-20 (3) Disclose trade secrets or commercial or financial 15-21 information that is privileged or confidential; 15-22 (4) Involve accusing any person of a crime or formally 15-23 censuring any person; 15-24 (5) Disclose information of a personal nature when 15-25 such disclosure would constitute a clearly unwarranted invasion of 15-26 personal privacy; 15-27 (6) Disclose investigatory records compiled for law 16-1 enforcement purposes; 16-2 (7) Disclose information contained in or related to 16-3 examination, operating or condition reports prepared by, or on 16-4 behalf of or for the use of, the Interstate Commission with respect 16-5 to a regulated entity for the purpose of regulation or supervision 16-6 of such entity; 16-7 (8) Disclose information when such premature 16-8 disclosure would significantly endanger the life of a person or the 16-9 stability of a regulated entity; or 16-10 (9) Specifically relate to the Interstate Commission's 16-11 issuance of a subpoena or its participation in a civil action or 16-12 proceeding. 16-13 (g) For every meeting closed pursuant to Subsection (f) of 16-14 this Article, the Interstate Commission's chief legal officer shall 16-15 publicly certify that, in the officer's opinion, the meeting may be 16-16 closed to the public and shall make reference to each relevant 16-17 provision authorizing closure of the meeting. The Interstate 16-18 Commission shall keep minutes that fully and clearly describe all 16-19 matters discussed in any meeting and shall provide a full and 16-20 accurate summary of any action taken, and the reasons therefor, 16-21 including a description of each of the views expressed on any item 16-22 and the record of any roll call vote (reflected in the vote of each 16-23 member on the question). All documents considered in connection 16-24 with any action shall be identified in such minutes. 16-25 (h) The Interstate Commission shall collect standardized 16-26 data concerning the interstate movement of offenders as directed 16-27 through its bylaws and rules that specify the data to be collected, 17-1 the means of collection and data exchange and reporting 17-2 requirements. 17-3 ARTICLE VII. RULEMAKING FUNCTIONS OF THE 17-4 INTERSTATE COMMISSION 17-5 (a) The Interstate Commission shall promulgate rules in 17-6 order to effectively and efficiently achieve the purposes of the 17-7 compact, including transition rules governing administration of the 17-8 compact during the period in which it is being considered and 17-9 enacted by the states. 17-10 (b) Rulemaking shall occur pursuant to the criteria set 17-11 forth in this Article and the bylaws and rules adopted pursuant 17-12 thereto. Such rulemaking shall substantially conform to the 17-13 principles of the federal Administrative Procedure Act, 5 U.S.C. 17-14 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. 17-15 Appendix 2, section 1 et seq., as amended. All rules and 17-16 amendments shall become binding as of the date specified in each 17-17 rule or amendment. 17-18 (c) If a majority of the legislatures of the compacting 17-19 states rejects a rule, by enactment of a statute or resolution in 17-20 the same manner used to adopt the compact, then such rule shall 17-21 have no further force and effect in any compacting state. 17-22 (d) When promulgating a rule, the Interstate Commission 17-23 shall: 17-24 (1) Publish the proposed rule, stating with 17-25 particularity the text of the rule that is proposed and the reason 17-26 for the proposed rule; 17-27 (2) Allow persons to submit written data, facts, 18-1 opinions and arguments, which information shall be publicly 18-2 available; 18-3 (3) Provide an opportunity for an informal hearing; 18-4 and 18-5 (4) Promulgate a final rule and its effective date, if 18-6 appropriate, based on the rulemaking record. Not later than 60 18-7 days after a rule is promulgated, any interested person may file a 18-8 petition in the United States District Court for the District of 18-9 Columbia or in the federal district court where the Interstate 18-10 Commission's principal office is located for judicial review of the 18-11 rule. If the court finds that the Interstate Commission's action 18-12 is not supported by substantial evidence in the rulemaking record, 18-13 the court shall hold the rule unlawful and set it aside. For 18-14 purposes of this subsection, evidence is substantial if it would be 18-15 considered substantial evidence under the federal Administrative 18-16 Procedure Act, 5 U.S.C. 551 et seq., and the Federal Advisory 18-17 Committee Act, 5 U.S.C. Appendix 2, section 1 et seq., as amended. 18-18 (e) Rules related to the following subjects must be 18-19 addressed within 12 months after the first meeting of the 18-20 Interstate Commission: 18-21 (1) Notice to victims and opportunity to be heard; 18-22 (2) Offender registration and compliance; 18-23 (3) Violations and returns; 18-24 (4) Transfer procedures and forms; 18-25 (5) Eligibility for transfer; 18-26 (6) Collection of restitution and fees from offenders; 18-27 (7) Data collection and reporting; 19-1 (8) The level of supervision to be provided by the 19-2 receiving state; 19-3 (9) Transition rules governing the operation of the 19-4 compact and the Interstate Commission during all or part of the 19-5 period between the effective date of the compact and the date on 19-6 which the last eligible state adopts the compact; and 19-7 (10) Mediation, arbitration and dispute resolution. 19-8 (f) The existing rules governing the operation of the 19-9 previous compact superseded by this compact shall be null and void 19-10 12 months after the first meeting of the Interstate Commission 19-11 created under this compact. 19-12 (g) Upon determination by the Interstate Commission that an 19-13 emergency exists, the Interstate Commission may promulgate an 19-14 emergency rule which shall become effective immediately upon 19-15 adoption, provided that the usual rulemaking procedures provided in 19-16 this Article shall be retroactively applied to said rule as soon as 19-17 reasonably possible, but no later than 90 days after the effective 19-18 date of the rule. 19-19 ARTICLE VIII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION 19-20 BY THE INTERSTATE COMMISSION 19-21 (a)(1) The Interstate Commission shall oversee the 19-22 Interstate movement of adult offenders in the compacting states and 19-23 shall monitor such activities being administered in noncompacting 19-24 states that may significantly affect compacting states. 19-25 (2) The courts and executive agencies in each 19-26 compacting state shall enforce this compact and shall take all 19-27 actions necessary and appropriate to effectuate the compact's 20-1 purposes and intent. In any judicial or administrative proceeding 20-2 in a compacting state pertaining to the subject matter of this 20-3 compact that may affect the powers, responsibilities or actions of 20-4 the Interstate Commission, the Interstate Commission shall be 20-5 entitled to receive all service of process in any such proceeding 20-6 and shall have standing to intervene in the proceeding for all 20-7 purposes. 20-8 (b)(1) The compacting states shall report to the Interstate 20-9 Commission on issues or activities of concern to them and cooperate 20-10 with and support the Interstate Commission in the discharge of its 20-11 duties and responsibilities. 20-12 (2) The Interstate Commission shall attempt to resolve 20-13 any disputes or other issues that are subject to the compact and 20-14 that may arise among compacting states and noncompacting states. 20-15 The Interstate Commission shall enact a bylaw or promulgate a rule 20-16 providing for both mediation and binding dispute resolution for 20-17 disputes among the compacting states. 20-18 (c) The Interstate Commission, in the reasonable exercise of 20-19 its discretion, shall enforce the provisions of this compact using 20-20 any or all means set forth in Article XI (b) of this compact. 20-21 ARTICLE IX. FINANCE 20-22 (a) The Interstate Commission shall pay or provide for the 20-23 payment of the reasonable expenses of its establishment, 20-24 organization and ongoing activities. 20-25 (b) The Interstate Commission shall levy on and collect an 20-26 annual assessment from each compacting state to cover the cost of 20-27 the internal operations and activities of the Interstate Commission 21-1 and its staff, which must be in a total amount sufficient to cover 21-2 the Interstate Commission's annual budget as approved each year. 21-3 The aggregate annual assessment amount shall be allocated based 21-4 upon a formula to be determined by the Interstate Commission, 21-5 taking into consideration the population of the state and the 21-6 volume of interstate movement of offenders in each compacting 21-7 state. The Interstate Commission shall promulgate a rule binding 21-8 upon all compacting states that governs said assessment. 21-9 (c) The Interstate Commission shall not incur any 21-10 obligations of any kind prior to securing the funds adequate to 21-11 meet the same, nor shall the Interstate Commission pledge the 21-12 credit of any of the compacting states, except by and with the 21-13 authority of the compacting state. 21-14 (d) The Interstate Commission shall keep accurate accounts 21-15 of all receipts and disbursements. The receipts and disbursements 21-16 of the Interstate Commission shall be subject to the audit and 21-17 accounting procedures established under its bylaws. However, all 21-18 receipts and disbursements of funds handled by the Interstate 21-19 Commission shall be audited yearly by a certified or licensed 21-20 public accountant and the report of the audit shall be included in 21-21 and become part of the annual report of the Interstate Commission. 21-22 ARTICLE X. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 21-23 (a) Any state, as defined in Article II of this compact, is 21-24 eligible to become a compacting state. 21-25 (b) The compact shall become effective and binding upon 21-26 legislative enactment of the compact into law by no fewer than 35 21-27 of the states. The initial effective date shall be the later of 22-1 July 1, 2001, or upon enactment into law by the 35th jurisdiction. 22-2 Thereafter, the compact shall become effective and binding, as to 22-3 any other compacting state, upon enactment of the compact into law 22-4 by that state. The governors of noncompacting states or their 22-5 designees may be invited to participate in Interstate Commission 22-6 activities on a non-voting basis prior to adoption of the compact 22-7 by all states. 22-8 (c) Amendments to the compact may be proposed by the 22-9 Interstate Commission for enactment by the compacting states. No 22-10 amendment shall become effective and binding upon the Interstate 22-11 Commission and the compacting states unless and until it is enacted 22-12 into law by unanimous consent of the compacting states. 22-13 ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION 22-14 AND JUDICIAL ENFORCEMENT 22-15 (a)(1) Once effective, the compact shall continue in force 22-16 and remain binding upon each and every compacting state, provided 22-17 that a compacting state may withdraw from the compact by 22-18 specifically repealing the statute that enacted the compact into 22-19 law. 22-20 (2) The effective date of withdrawal is the effective 22-21 date of the repeal of the statute that enacted the compact into 22-22 law. 22-23 (3) The withdrawing state shall immediately notify the 22-24 chairperson of the Interstate Commission in writing upon the 22-25 introduction of legislation repealing this compact in the 22-26 withdrawing state. The Interstate Commission shall notify the 22-27 other compacting states of the withdrawing state's intent to 23-1 withdraw within 60 days of its receipt thereof. 23-2 (4) The withdrawing state is responsible for all 23-3 assessments, obligations and liabilities incurred through the 23-4 effective date of withdrawal, including any obligations, the 23-5 performance of which extend beyond the effective date of 23-6 withdrawal. 23-7 (5) Reinstatement following withdrawal of any 23-8 compacting state shall occur upon the withdrawing state reenacting 23-9 the compact or upon such later date as determined by the Interstate 23-10 Commission. 23-11 (b)(1) If the Interstate Commission determines that any 23-12 compacting state has at any time defaulted in the performance of 23-13 any of its obligations or responsibilities under this compact or 23-14 the bylaws or rules of the Interstate Commission, the Interstate 23-15 Commission may impose any or all of the following penalties: 23-16 (i) Fines, fees and costs in such amounts as are 23-17 deemed to be reasonable as fixed by the Interstate Commission; 23-18 (ii) Remedial training and technical assistance 23-19 as directed by the Interstate Commission; 23-20 (iii) Suspension and termination of membership 23-21 in the compact. Suspension shall be imposed only after all other 23-22 reasonable means of securing compliance under the bylaws and rules 23-23 have been exhausted. Immediate notice of suspension shall be given 23-24 by the Interstate Commission to the governor, the chief justice or 23-25 chief judicial officer of the defaulting state; the majority and 23-26 minority leaders of the defaulting state's legislature, and the 23-27 state council. 24-1 (2) The grounds for default include, but are not 24-2 limited to, failure of a compacting state to perform obligations or 24-3 responsibilities imposed upon it by this compact or the Interstate 24-4 Commission bylaws or rules. The Interstate Commission shall 24-5 immediately notify the defaulting state in writing of the penalty 24-6 imposed by the Interstate Commission on the defaulting state 24-7 pending a cure of the default. The Interstate Commission shall 24-8 stipulate the conditions and the time period within which the 24-9 defaulting state must cure its default. If the defaulting state 24-10 fails to cure the default within the time period specified by the 24-11 Interstate Commission, in addition to any other penalties imposed, 24-12 the defaulting state may be terminated from the compact upon an 24-13 affirmative vote of a majority of the compacting states and all 24-14 rights, privileges and benefits conferred by this compact shall be 24-15 terminated from the effective date of suspension. Within 60 days 24-16 of the effective date of termination of a defaulting state, the 24-17 Interstate Commission shall notify the governor, the chief justice 24-18 or chief judicial officer of the defaulting state, the majority and 24-19 minority leaders of the defaulting state's legislature and the 24-20 State Council of such termination. 24-21 (3) The defaulting state is responsible for all 24-22 assessments, obligations and liabilities incurred through the 24-23 effective date of termination, including any obligations, the 24-24 performance of which extend beyond the effective date of 24-25 termination. 24-26 (4) The Interstate Commission shall not bear any costs 24-27 relating to the defaulting state unless otherwise mutually agreed 25-1 upon between the Interstate Commission and the defaulting state. 25-2 Reinstatement following termination of any compacting state 25-3 requires both a reenactment of the compact by the defaulting state 25-4 and the approval of the Interstate Commission pursuant to the 25-5 rules. 25-6 (c) The Interstate Commission may, by majority vote of the 25-7 members, initiate legal action in the United States District Court 25-8 for the District of Columbia or, at the discretion of the 25-9 Interstate Commission, in the federal district court where the 25-10 Interstate Commission has its principal office to enforce 25-11 compliance with the provisions of the compact, its rules or bylaws 25-12 against any compacting state in default. In the event judicial 25-13 enforcement is necessary, the prevailing party shall be awarded all 25-14 costs of such litigation, including reasonable attorney fees. 25-15 (d)(1) The compact dissolves effective upon the date of the 25-16 withdrawal or default of the compacting state that reduces 25-17 membership in the compact to one compacting state. 25-18 (2) Upon the dissolution of this compact, the compact 25-19 becomes null and void and shall be of no further force or effect, 25-20 and the business and affairs of the Interstate Commission shall be 25-21 wound up and any surplus funds shall be distributed in accordance 25-22 with the bylaws. 25-23 ARTICLE XII. SEVERABILITY AND CONSTRUCTION 25-24 (a) The provisions of this compact shall be severable, and 25-25 if any phrase, clause, sentence or provision is deemed 25-26 unenforceable, the remaining provisions of the compact shall be 25-27 enforceable. 26-1 (b) The provisions of this compact shall be liberally 26-2 construed to effectuate its purposes. 26-3 ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS 26-4 (a)(1) Nothing in this compact prevents the enforcement of 26-5 any other law of a compacting state that is not inconsistent with 26-6 this compact. 26-7 (2) All agreements between the Interstate Commission 26-8 and the compacting states are binding in accordance with their 26-9 terms. 26-10 (3) Upon the request of a party to a conflict over 26-11 meaning or interpretation of Interstate Commission actions, and 26-12 upon a majority vote of the compacting states, the Interstate 26-13 Commission may issue advisory opinions regarding such meaning or 26-14 interpretation. 26-15 (4) In the event any provision of this compact exceeds 26-16 the constitutional limits imposed on the legislature of any 26-17 compacting state, the obligations, duties, powers or jurisdiction 26-18 sought to be conferred by such provision upon the Interstate 26-19 Commission shall be ineffective and such obligations, duties, 26-20 powers or jurisdiction shall remain in the compacting state and 26-21 shall be exercised by the agency thereof to which such obligations, 26-22 duties, powers or jurisdiction are delegated by law in effect at 26-23 the time this compact becomes effective. 26-24 SECTION 2. Article 42.11, Code of Criminal Procedure, is 26-25 repealed effective on the first anniversary of the date on which 26-26 the Interstate Compact for Adult Offender Supervision, by its own 26-27 terms, becomes effective. 27-1 SECTION 3. In appointing the initial members of the Texas 27-2 State Council for Interstate Adult Supervision: 27-3 (1) the governor shall appoint one person to serve a 27-4 term expiring February 1, 2003, one member to serve a term expiring 27-5 February 1, 2005, and one member to serve a term expiring February 27-6 1, 2007; 27-7 (2) the presiding judge of the court of criminal 27-8 appeals shall appoint one person to serve a term expiring February 27-9 1, 2007; 27-10 (3) the lieutenant governor shall appoint one person 27-11 to serve a term expiring September 1, 2005; and 27-12 (4) the speaker of the house of representatives shall 27-13 appoint one person to serve a term expiring February 1, 2003. 27-14 SECTION 4. This Act takes effect immediately if it receives 27-15 a vote of two-thirds of all the members elected to each house, as 27-16 provided by Section 39, Article III, Texas Constitution. If this 27-17 Act does not receive the vote necessary for immediate effect, this 27-18 Act takes effect September 1, 2001.