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.