By: Haggerty (Senate Sponsor - Whitmire) H.B. No. 706
(In the Senate - Received from the House April 18, 2005;
April 19, 2005, read first time and referred to Committee on
Criminal Justice; May 13, 2005, reported favorably by the
following vote: Yeas 5, Nays 0; May 13, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of the Interstate Compact for Juveniles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. INTERSTATE COMPACT FOR JUVENILES
SECTION 1.01. Chapter 60, Family Code, is amended by adding
Section 60.010 to enact the Interstate Compact for Juveniles and to
read as follows:
Sec. 60.010. INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize
that each state is responsible for the proper supervision or return
of juveniles, delinquents, and status offenders who are on
probation or parole and who have absconded, escaped, or run away
from supervision and control and in so doing have endangered their
own safety and the safety of others. The compacting states also
recognize that each state is responsible for the safe return of
juveniles who have run away from home and in doing so have left
their state of residence. The compacting states also recognize
that congress, by enacting the Crime Control Act, 4 U.S.C. Section
112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and
cooperative action among the compacting states to: (A) ensure that
the juveniles who are moved under this compact to another state for
probation or parole supervision and services are governed in the
receiving state by the same standards that apply to juveniles
receiving such supervision and services in the receiving state; (B)
ensure that the public safety interests of the citizens, including
the victims of juvenile offenders, in both the sending and
receiving states are adequately protected and balanced with the
juvenile's and the juvenile's family's best interests and welfare
when an interstate movement is under consideration; (C) return
juveniles who have run away, absconded, or escaped from supervision
or control or have been accused of an offense to the state
requesting their return through a fair and prompt judicial review
process that ensures that the requisition is in order and that the
transport is properly supervised; (D) make provisions for contracts
between member states for the cooperative institutionalization in
public facilities in member states for delinquent youth needing
special services; (E) provide for the effective tracking of
juveniles who move interstate under the compact's provisions; (F)
equitably allocate the costs, benefits, and obligations of the
compacting states; (G) establish procedures to manage the movement
between states of juvenile offenders released to the community
under the jurisdiction of courts, juvenile departments, or any
other criminal or juvenile justice agency which has jurisdiction
over juvenile offenders, ensuring that a receiving state accepts
supervision of a juvenile when the juvenile's parent or other
person having legal custody resides or is undertaking residence
there; (H) ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state
lines; (I) establish a system of uniform data collection on
information pertaining to juveniles who move interstate under this
compact that prevents public disclosure of identity and individual
treatment information but allows access by authorized juvenile
justice and criminal justice officials and regular reporting of
compact activities to heads of state executive, judicial, and
legislative branches and juvenile and criminal justice
administrators; (J) monitor compliance with rules governing
interstate movement of juveniles and initiate interventions to
address and correct noncompliance; (K) coordinate training and
education regarding the regulation of interstate movement of
juveniles for officials involved in such activity; and (L)
coordinate the implementation and operation of the compact with the
Interstate Compact for the Placement of Children, the Interstate
Compact for Adult Offender Supervision and other compacts affecting
juveniles particularly in those cases where concurrent or
overlapping supervision issues arise. It is the policy of the
compacting states that the activities conducted by the Interstate
Commission created herein are the formation of public policies and
therefore are public business. Furthermore, the compacting states
shall cooperate and observe their individual and collective duties
and responsibilities for the prompt return and acceptance of
juveniles subject to the provisions of this compact. The
provisions of this compact shall be reasonably and liberally
construed to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
A. "Bylaws" means those bylaws established by the
Interstate Commission for its governance or for directing or
controlling the Interstate Commission's actions or conduct.
B. "Compact administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this
compact and to the rules adopted by the Interstate Commission under
this compact.
C. "Compacting state" means any state which has enacted the
enabling legislation for this compact.
D. "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this compact.
E. "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
F. "Deputy compact administrator" means the individual, if
any, in each compacting state appointed to act on behalf of a
compact administrator pursuant to the terms of this compact,
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this
compact and to the rules adopted by the Interstate Commission under
this compact.
G. "Interstate Commission" means the Interstate Commission
for Juveniles created by Article III of this compact.
H. "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the Interstate Commission,
including:
(1) Accused Delinquent - a person charged with an
offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have
committed an offense that, if committed by an adult, would be a
criminal offense;
(3) Accused Status Offender - a person charged with an
offense that would not be a criminal offense if committed by an
adult;
(4) Adjudicated Status Offender - a person found to
have committed an offense that would not be a criminal offense if
committed by an adult; and
(5) Nonoffender - a person in need of supervision who
has not been accused or adjudicated a status offender or
delinquent.
I. "Noncompacting state" means any state which has not
enacted the enabling legislation for this compact.
J. "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
K. "Rule" means a written statement by the Interstate
Commission promulgated pursuant to Article VI of this compact that
is of general applicability, implements, interprets, or prescribes
a policy or provision of the compact, or an organizational,
procedural, or practice requirement of the Interstate Commission,
and has the force and effect of statutory law in a compacting state,
and includes the amendment, repeal, or suspension of an existing
rule.
L. "State" means a state of the United States, the District
of Columbia (or its designee), the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the Interstate
Commission for Juveniles. The Interstate Commission shall be a
body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties
set forth herein, and such additional powers as may be conferred
upon it by subsequent action of the respective legislatures of the
compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state.
The commissioner shall be the compact administrator, deputy compact
administrator, or designee from that state who shall serve on the
Interstate Commission in such capacity under or pursuant to the
applicable law of the compacting state.
C. In addition to the commissioners who are the voting
representatives of each state, the Interstate Commission shall
include individuals who are not commissioners, but who are members
of interested organizations. Such noncommissioner members must
include a member of the national organizations of governors,
legislators, state chief justices, attorneys general, Interstate
Compact for Adult Offender Supervision, Interstate Compact for the
Placement of Children, juvenile justice and juvenile corrections
officials, and crime victims. All noncommissioner members of the
Interstate Commission shall be ex officio (nonvoting) members. The
Interstate Commission may provide in its bylaws for such additional
ex officio (nonvoting) members, including members of other national
organizations, in such numbers as shall be determined by the
commission.
D. Each compacting state represented at any meeting of the
Interstate Commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
Interstate Commission.
E. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the bylaws. The executive committee shall
have the power to act on behalf of the Interstate Commission during
periods when the Interstate Commission is not in session, with the
exception of rulemaking or amendment to the compact. The executive
committee shall oversee the day-to-day activities of the
administration of the compact managed by an executive director and
Interstate Commission staff; administers enforcement and
compliance with the provisions of the compact, its bylaws and
rules, and performs such other duties as directed by the Interstate
Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the
right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
Interstate Commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a
commissioner shall appoint another authorized representative, in
the absence of the commissioner from that state, to cast a vote on
behalf of the compacting state at a specified meeting. The bylaws
may provide for members' participation in meetings by telephone or
other means of telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish
conditions and procedures under which the Interstate Commission
shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may
exempt from disclosure any information or official records to the
extent they would adversely affect personal privacy rights or
proprietary interests.
I. Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in the
rules or as otherwise provided in the compact. The Interstate
Commission and any of its committees may close a meeting to the
public when it determines by two-thirds vote that an open meeting
would be likely to:
1. Relate solely to the Interstate Commission's
internal personnel practices and procedures;
2. Disclose matters specifically exempted from
disclosure by statute;
3. Disclose trade secrets or commercial or financial
information which is privileged or confidential;
4. Involve accusing any person of a crime or formally
censuring any person;
5. Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
6. Disclose investigative records compiled for law
enforcement purposes;
7. Disclose information contained in or related to
examination, operating or condition reports prepared by, or on
behalf of or for the use of, the Interstate Commission with respect
to a regulated person or entity for the purpose of regulation or
supervision of such person or entity;
8. Disclose information, the premature disclosure of
which would significantly endanger the stability of a regulated
person or entity; or
9. Specifically relate to the Interstate Commission's
issuance of a subpoena, or its participation in a civil action or
other legal proceeding.
J. For every meeting closed pursuant to this provision, the
Interstate Commission's legal counsel shall publicly certify that,
in the legal counsel's opinion, the meeting may be closed to the
public, and shall reference each relevant exemptive provision. The
Interstate Commission shall keep minutes which shall fully and
clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views
expressed on any item and the record of any roll call vote
(reflected in the vote of each member on the question). All
documents considered in connection with any action shall be
identified in such minutes.
K. The Interstate Commission shall collect standardized
data concerning the interstate movement of juveniles as directed
through its rules which shall specify the data to be collected, the
means of collection and data exchange, and reporting requirements.
Such methods of data collection, exchange, and reporting shall
insofar as is reasonably possible conform to up-to-date technology
and coordinate the Interstate Commission's information functions
with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting
states.
2. To promulgate rules to effect the purposes and
obligations as enumerated in this compact, which shall have the
force and effect of statutory law and shall be binding in the
compacting states to the extent and in the manner provided in this
compact.
3. To oversee, supervise, and coordinate the
interstate movement of juveniles subject to the terms of this
compact and any bylaws adopted and rules promulgated by the
Interstate Commission.
4. To enforce compliance with the compact provisions,
the rules promulgated by the Interstate Commission, and the bylaws,
using all necessary and proper means, including but not limited to
the use of judicial process.
5. To establish and maintain offices which shall be
located within one or more of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services
of personnel.
8. To establish and appoint committees and hire staff
which it deems necessary for the carrying out of its functions
including, but not limited to, an executive committee as required
by Article III of this compact, which shall have the power to act on
behalf of the Interstate Commission in carrying out its powers and
duties hereunder.
9. To elect or appoint officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties, and determine their qualifications, and to establish the
Interstate Commission's personnel policies and programs relating
to, inter alia, conflicts of interest, rates of compensation, and
qualifications of personnel.
10. To accept any and all donations and grants of
money, equipment, supplies, materials, and services, and to
receive, utilize, and dispose of same.
11. To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve, or use any
property, whether real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease,
exchange, abandon, or otherwise dispose of any property, whether
real, personal, or mixed.
13. To establish a budget and make expenditures and
levy dues as provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the
management and operation of the Interstate Commission.
16. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
17. To report annually to the legislatures, governors,
and judiciary of the compacting states concerning the activities of
the Interstate Commission during the preceding year. Such reports
shall also include any recommendations that may have been adopted
by the Interstate Commission.
18. To coordinate education, training, and public
awareness regarding the interstate movement of juveniles for
officials involved in such activity.
19. To establish uniform standards of the reporting,
collecting, and exchanging of data.
20. The Interstate Commission shall maintain its
corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Sec. A. Bylaws
1. The Interstate Commission shall, by a majority of
the members present and voting, within 12 months of the first
Interstate Commission meeting, adopt bylaws to govern its conduct
as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
a. Establishing the fiscal year of the Interstate
Commission;
b. Establishing an executive committee and such
other committees as may be necessary;
c. Providing for the establishment of committees
governing any general or specific delegation of any authority or
function of the Interstate Commission;
d. Providing reasonable procedures for calling
and conducting meetings of the Interstate Commission and ensuring
reasonable notice of each such meeting;
e. Establishing the titles and responsibilities
of the officers of the Interstate Commission;
f. Providing a mechanism for concluding the
operations of the Interstate Commission and the return of any
surplus funds that may exist upon the termination of the compact
after the payment or reserving of all of its debts and obligations;
g. Providing start-up rules for initial
administration of the compact; and
h. Establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
Sec. B. Officers and Staff
1. The Interstate Commission shall, by a majority of
the members, elect annually from among its members a chairperson
and a vice chairperson, each of whom shall have such authority and
duties as may be specified in the bylaws. The chairperson or, in
the chairperson's absence or disability, the vice chairperson shall
preside at all meetings of the Interstate Commission. The officers
so elected shall serve without compensation or remuneration from
the Interstate Commission, provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed
for any ordinary and necessary costs and expenses incurred by them
in the performance of their duties and responsibilities as officers
of the Interstate Commission.
2. The Interstate Commission shall, through its
executive committee, appoint or retain an executive director for
such period, upon such terms and conditions, and for such
compensation as the Interstate Commission may deem appropriate.
The executive director shall serve as secretary to the Interstate
Commission, but shall not be a member and shall hire and supervise
such other staff as may be authorized by the Interstate Commission.
Sec. C. Qualified Immunity, Defense, and Indemnification
1. The Interstate Commission's executive director and
employees shall be immune from suit and liability, either
personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act,
error, or omission that occurred, or that such person had a
reasonable basis for believing occurred, within the scope of
Interstate Commission employment, duties, or responsibilities,
provided that any such person shall not be protected from suit or
liability for any damage, loss, injury, or liability caused by the
intentional or wilful and wanton misconduct of any such person.
2. The liability of any commissioner, or the employee
or agent of a commissioner, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability
set forth under the constitution and laws of that state for state
officials, employees, and agents. Nothing in this subsection shall
be construed to protect any such person from suit or liability for
any damage, loss, injury, or liability caused by the intentional or
wilful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the
executive director or the employees or representatives of the
Interstate Commission and, subject to the approval of the attorney
general of the state represented by any commissioner of a
compacting state, shall defend such commissioner or the
commissioner's representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged
act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities, or
that the defendant had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error,
or omission did not result from intentional or wilful and wanton
misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold
the commissioner of a compacting state, or the commissioner's
representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any
settlement or judgment obtained against such persons arising out of
any actual or alleged act, error, or omission that occurred within
the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from intentional
or wilful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish
rules in order to effectively and efficiently achieve the purposes
of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth
in this article and the bylaws and rules adopted pursuant thereto.
Such rulemaking shall substantially conform to the principles of
the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative
procedures act, as the Interstate Commission deems appropriate
consistent with due process requirements under the United States
Constitution as now or hereafter interpreted by the United States
Supreme Court. All rules and amendments shall become binding as of
the date specified, as published with the final version of the rule
as approved by the Interstate Commission.
C. When promulgating a rule, the Interstate Commission
shall, at a minimum:
1. Publish the proposed rule's entire text stating the
reason or reasons for that proposed rule;
2. Allow and invite persons to submit written data,
facts, opinions, and arguments, which information shall be added to
the record and be made publicly available;
3. Provide an opportunity for an informal hearing, if
petitioned by 10 or more persons; and
4. Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
D. Allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United
States District Court for the District of Columbia or in the federal
district court where the Interstate Commission's principal office
is located for judicial review of the rule. If the court finds that
the Interstate Commission's action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule
unlawful and set it aside. For purposes of this subsection,
evidence is substantial if it would be considered substantial
evidence under the Model State Administrative Procedures Act.
E. If a majority of the legislatures of the compacting
states rejects a rule, those states may, by enactment of a statute
or resolution in the same manner used to adopt the compact, cause
that such rule shall have no further force and effect in any
compacting state.
F. The existing rules governing the operation of the
Interstate Compact on Juveniles superceded by this Act shall be
null and void 12 months after the first meeting of the Interstate
Commission created under this compact.
G. Upon determination by the Interstate Commission that an
emergency exists, the Interstate Commission may promulgate an
emergency rule which shall become effective immediately upon
adoption, provided that the usual rulemaking procedures provided
hereunder shall be retroactively applied to said rule as soon as
reasonably possible, but no later than 90 days after the effective
date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Sec. A. Oversight
1. The Interstate Commission shall oversee the
administration and operations of the interstate movement of
juveniles subject to this compact in the compacting states and
shall monitor such activities being administered in noncompacting
states which may significantly affect compacting states.
2. The courts and executive agencies in each
compacting state shall enforce this compact and shall take all
actions necessary and appropriate to effectuate the compact's
purposes and intent. The provisions of this compact and the rules
promulgated hereunder shall be received by all the judges, public
officers, commissions, and departments of the state government as
evidence of the authorized statute and administrative rules. All
courts shall take judicial notice of the compact and the rules. In
any judicial or administrative proceeding in a compacting state
pertaining to the subject matter of this compact which may affect
the powers, responsibilities, or actions of the Interstate
Commission, the Interstate Commission shall be entitled to receive
all service of process in any such proceeding, and shall have
standing to intervene in the proceeding for all purposes.
Sec. B. Dispute Resolution
1. The compacting states shall report to the
Interstate Commission on all issues and activities necessary for
the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its
bylaws and rules.
2. The Interstate Commission shall attempt, upon the
request of a compacting state, to resolve any disputes or other
issues which are subject to the compact and which may arise among
compacting states and between compacting and noncompacting states.
The Interstate Commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes among
the compacting states.
3. The Interstate Commission, in the reasonable
exercise of its discretion, shall enforce the provisions and rules
of this compact using any or all means set forth in Article X of this
compact.
ARTICLE VIII
FINANCE
A. The Interstate Commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The Interstate Commission shall levy on and collect an
annual assessment from each compacting state to cover the cost of
the internal operations and activities of the Interstate Commission
and its staff which must be in a total amount sufficient to cover
the Interstate Commission's annual budget as approved each year.
The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the Interstate Commission,
taking into consideration the population of each compacting state
and the volume of interstate movement of juveniles in each
compacting state. The Interstate Commission shall promulgate a
rule binding upon all compacting states that governs said
assessment.
C. The Interstate Commission shall not incur any
obligations of any kind prior to securing the funds adequate to meet
the same, nor shall the Interstate Commission pledge the credit of
any of the compacting states, except by and with the authority of
the compacting state.
D. The Interstate Commission shall keep accurate accounts
of all receipts and disbursements. The receipts and disbursements
of the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Interstate
Commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.
ARTICLE IX
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state, as defined in Article II of this compact, is
eligible to become a compacting state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than 35 of
the states. The initial effective date shall be the later of July
1, 2004, or upon enactment into law by the 35th jurisdiction.
Thereafter, the compact shall become effective and binding, as to
any other compacting state, upon enactment of the compact into law
by that state. The governors of noncompacting states or their
designees shall be invited to participate in Interstate Commission
activities on a nonvoting basis prior to adoption of the compact by
all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the compacting states. No amendment shall
become effective and binding upon the Interstate Commission and the
compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
ARTICLE X
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Sec. A. Withdrawal
1. Once effective, the compact shall continue in force
and remain binding upon each and every compacting state, provided
that a compacting state may withdraw from the compact by
specifically repealing the statute which enacted the compact into
law.
2. The effective date of withdrawal is the effective
date of the repeal.
3. The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the
other compacting states of the withdrawing state's intent to
withdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of withdrawal, including any obligations, the
performance of which extend beyond the effective date of
withdrawal.
5. Reinstatement following withdrawal of any
compacting state shall occur upon the withdrawing state reenacting
the compact or upon such later date as determined by the Interstate
Commission.
Sec. B. Technical Assistance, Fines, Suspension,
Termination, and Default
1. If the Interstate Commission determines that any
compacting state has at any time defaulted in the performance of any
of its obligations or responsibilities under this compact, or the
bylaws or duly promulgated rules, the Interstate Commission may
impose any or all of the following penalties:
a. Remedial training and technical assistance as
directed by the Interstate Commission;
b. Alternative dispute resolution;
c. Fines, fees, and costs in such amounts as are
deemed to be reasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the
compact, which shall be imposed only after all other reasonable
means of securing compliance under the bylaws and rules have been
exhausted and the Interstate Commission has determined that the
offending state is in default. Immediate notice of suspension shall
be given by the Interstate Commission to the governor, the chief
justice or the chief judicial officer of the state, and the majority
and minority leaders of the defaulting state's legislature. The
grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities
imposed upon it by this compact, the bylaws or duly promulgated
rules, and any other grounds designated in commission bylaws and
rules. The Interstate Commission shall immediately notify the
defaulting state in writing of the penalty imposed by the
Interstate Commission and of the default pending a cure of the
default. The Interstate Commission shall stipulate the conditions
and the time period within which the defaulting state must cure its
default. If the defaulting state fails to cure the default within
the time period specified by the Interstate Commission, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the compacting states and all
rights, privileges, and benefits conferred by this compact shall be
terminated from the effective date of termination.
2. Within 60 days of the effective date of termination
of a defaulting state, the Interstate Commission shall notify the
governor, the chief justice or chief judicial officer of the state,
and the majority and minority leaders of the defaulting state's
legislature of such termination.
3. The defaulting state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination including any obligations, the
performance of which extends beyond the effective date of
termination.
4. The Interstate Commission shall not bear any costs
relating to the defaulting state unless otherwise mutually agreed
upon in writing between the Interstate Commission and the
defaulting state.
5. Reinstatement following termination of any
compacting state requires both a reenactment of the compact by the
defaulting state and the approval of the Interstate Commission
pursuant to the rules.
Sec. C. Judicial Enforcement
The Interstate Commission may, by majority vote of the
members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission
has its offices, to enforce compliance with the provisions of the
compact, its duly promulgated rules and bylaws, against any
compacting state in default. In the event judicial enforcement is
necessary the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
Sec. D. Dissolution of Compact
1. The compact dissolves effective upon the date of
the withdrawal or default of the compacting state, which reduces
membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or effect,
and the business and affairs of the Interstate Commission shall be
concluded and any surplus funds shall be distributed in accordance
with the bylaws.
ARTICLE XI
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if
any phrase, clause, sentence, or provision is deemed unenforceable,
the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally
construed to effectuate its purposes.
ARTICLE XII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Sec. A. Other Laws
1. Nothing herein prevents the enforcement of any
other law of a compacting state that is not inconsistent with this
compact.
2. All compacting states' laws other than state
constitutions and other interstate compacts conflicting with this
compact are superseded to the extent of the conflict.
Sec. B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission,
including all rules and bylaws promulgated by the Interstate
Commission, are binding upon the compacting states.
2. All agreements between the Interstate Commission
and the compacting states are binding in accordance with their
terms.
3. Upon the request of a party to a conflict over
meaning or interpretation of Interstate Commission actions, and
upon a majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding such meaning or
interpretation.
4. In the event any provision of this compact exceeds
the constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers, or jurisdiction
sought to be conferred by such provision upon the Interstate
Commission shall be ineffective and such obligations, duties,
powers, or jurisdiction shall remain in the compacting state and
shall be exercised by the agency thereof to which such obligations,
duties, powers, or jurisdiction are delegated by law in effect at
the time this compact becomes effective.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Sections 60.001 and 60.009, Family Code, are
amended to read as follows:
Sec. 60.001. DEFINITIONS [SHORT TITLE]. In this [This]
chapter:
(1) "Commission" means the Interstate Commission for
Juveniles.
(2) "Compact" means the Interstate Compact for
Juveniles.
(3) "Compact administrator" has the meaning assigned
by Article II of the compact [may be cited as the Uniform Interstate
Compact on Juveniles].
Sec. 60.009. ADDITIONAL PROCEDURES NOT PRECLUDED. In
addition to any [the] procedures developed under [provided in
Articles IV and VI of] the compact for the return of a runaway
juvenile, the particular states, the juvenile, or his parents, the
courts, or other legal custodian involved may agree upon and adopt
any plan or procedure legally authorized under the laws of this
state and the other respective party states for the return of the
runaway juvenile.
SECTION 2.02. Chapter 60, Family Code, is amended by adding
Sections 60.011 and 60.012 to read as follows:
Sec. 60.011. EFFECT OF TEXAS LAWS. If the laws of this
state conflict with the compact, the compact controls, except that
in the event of a conflict between the compact and the Texas
Constitution, as determined by the courts of this state, the Texas
Constitution controls.
Sec. 60.012. LIABILITIES FOR CERTAIN COMMISSION AGENTS.
The compact administrator and each member, officer, executive
director, employee, or agent of the commission acting within the
scope of the person's employment or duties is, for the purpose of
acts or omissions occurring within this state, entitled to the same
protections under Chapter 104, Civil Practice and Remedies Code, as
an employee, a member of the governing board, or any other officer
of a state agency, institution, or department.
SECTION 2.03. Section 54.10(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (e), a hearing under
Section 54.03, 54.04, or 54.05, including a jury trial, a hearing
under Chapter 55, including a jury trial, or a hearing under
[Article IV, Article V, and Article VI of] the [Uniform] Interstate
Compact for [on] Juveniles (Chapter 60) may be held by a referee
appointed in accordance with Section 51.04(g) or a master appointed
under Chapter 54, Government Code, provided:
(1) the parties have been informed by the referee or
master that they are entitled to have the hearing before the
juvenile court judge; and
(2) after each party is given an opportunity to
object, no party objects to holding the hearing before the referee
or master.
ARTICLE 3. TRANSITION, REPEALER, AND EFFECTIVE DATE
SECTION 3.01. The governor shall publish notice of the
implementation of the Interstate Compact for Juveniles in the Texas
Register not later than the 30th day after the date the compact
becomes effective under Article IX of the compact.
SECTION 3.02. Sections 60.002, 60.003, and 60.004, Family
Code, are repealed.
SECTION 3.03. (a) Except as provided by Subsection (b) of
this section, this Act takes effect on the day on which the
Interstate Compact for Juveniles takes effect, which according to
the terms of the compact is the later of July 1, 2004, or the day on
which the compact is enacted into law by the 35th state, as defined
by the compact.
(b) Article 1 of this Act takes effect September 1, 2005.
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