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A BILL TO BE ENTITLED
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AN ACT
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relating to an interstate compact on border security and refugee |
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resettlement; authorizing fines and fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Government Code, is amended by adding |
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Chapter 793 to read as follows: |
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CHAPTER 793. INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE |
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RESETTLEMENT |
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Sec. 793.001. DEFINITIONS. In this chapter: |
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(1) "Alien" means an individual who is not a United |
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States citizen or United States national. |
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(2) "Border security" means the security of a border |
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at which only those authorized to cross the border can do so and at |
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which every illegal crossing event between the legal ports of entry |
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is detected and stopped. |
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(3) "Bylaws" means those bylaws established by the |
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commission for its governance or those rules constructed for |
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directing or controlling the commission's actions or conduct. |
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(4) "Commission" means the Interstate Border Security |
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and Refugee Resettlement Commission. |
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(5) "Commissioner" means the voting representative of |
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each compacting state appointed under the compact. |
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(6) "Compact" means the Interstate Compact for Border |
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Security and Refugee Resettlement executed under Section 793.002. |
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(7) "Compacting state" means any state that has |
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enacted the enabling legislation for this interstate compact. |
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(8) "Illegal alien" means an alien located in a |
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compacting state who is deportable under Clause 4, Section 8, |
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Article I, United States Constitution, and who has entered the |
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United States illegally or who entered the United States legally, |
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but who has fallen "out of status." |
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(9) "Rules" means acts of the commission adopted under |
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Article VII of the compact and substantially affecting interested |
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parties that have the force of law in the compacting states. |
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Sec. 793.002. EXECUTION OF COMPACT. This state enacts the |
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Interstate Compact for Border Security and Refugee Resettlement and |
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enters into the compact with all other states legally joining in the |
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compact in substantially the following form: |
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INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE RESETTLEMENT |
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ARTICLE I. PURPOSE |
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(a) The compacting states recognize that each state is |
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responsible for monitoring, detection, apprehension, and |
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detainment of unauthorized border crossers to enforce existing |
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federal immigration law. |
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(b) The compacting states are authorized to form a dedicated |
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border security force with each state having an appropriate command |
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structure. Each compacting state's border security force shall be |
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administered by state law enforcement functions. |
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(c) The compacting states are authorized to prosecute |
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illegal alien criminal activity through the state attorneys general |
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of the compacting states and incarcerate those convicted in prisons |
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operated by the compacting states. |
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(d) The border security forces from any compacting state may |
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operate in any other compacting state's territory when requested by |
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that state. Interstate sharing of state resources extends to both |
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personnel and equipment resources. Cross-state operations and |
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support are authorized for state militias, organized and |
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unorganized as defined by 10 U.S.C. Section 311, employed in a state |
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border security role. |
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(e) The compacting states will immediately invalidate any |
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restrictions placed on border enforcement activities under federal |
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regulations administered by the United States Environmental |
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Protection Agency, the Bureau of Land Management, the United States |
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Fish and Wildlife Service, the Federal Aviation Administration, and |
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any other federal agencies with the purpose of restricting land and |
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airspace access to compacting state officials and their law |
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enforcement agencies. |
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(f) The border security forces of each compacting state |
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while bound by the laws of that state are vested with broad law |
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enforcement powers necessary to track down illegal border crossers |
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and criminals and to enforce existing federal immigration laws. |
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(g) A compacting state's border security forces are |
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granted, in accordance with the state's law, the authority to open |
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and operate as many checkpoints, including floating checkpoints, |
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along identified choke points with access to the interior of the |
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United States as are needed to identify and apprehend illegal |
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aliens. |
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(h) It is the purpose of this compact and the commission |
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created under this compact, through means of joint and cooperative |
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action among the compacting states to: |
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(1) provide operational control and border security |
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for international United States borders and coastlines adjacent to |
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compacting state borders; |
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(2) provide internal immigration enforcement within |
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the compacting states' borders; |
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(3) provide support to other compacting states if |
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illegal alien activity evolves into a specific threat to one or more |
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compacting states; |
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(4) equitably distribute the costs, benefits, and |
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obligations of the compact among the compacting states; |
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(5) ensure notification from the federal government at |
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least 60 days before the date refugees are resettled in a compacting |
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state, including access by a compacting state to vetting |
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information, security screening, in-person interviews, and health |
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assessments of refugees; |
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(6) establish a compacting state's right to refuse a |
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refugee offered by the federal government for resettlement in the |
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state; |
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(7) establish a refugee resettlement tracking program |
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among compacting states that: |
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(A) collects information on resettled refugees, |
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including the refugees' country of origin, historical and family |
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information, crime history, entry routes, fingerprints, and DNA |
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samples; and |
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(B) contains the information collected by |
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screening processes before a refugee arrives in the compacting |
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state at least 60 days before the refugee's arrival; |
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(8) establish the compacting state's authority to |
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revoke refugee status from a refugee: |
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(A) who is convicted of a felony and, after the |
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appropriate sentence is served, hold the former refugee for |
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immediate return to the former refugee's country of origin; or |
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(B) who does not seek naturalization as provided |
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by Subdivision (12); |
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(9) establish a comprehensive assimilation education |
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program that tracks the assimilation of refugees in accordance with |
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United States laws, history, and culture; |
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(10) abolish the private agencies, operations, and |
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authorities in the compacting states performing refugee |
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resettlement functions and reapportion the federal contract funds |
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provided to those entities to the compacting states assuming those |
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functions; |
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(11) establish standing for any legal action or brief |
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submitted to a federal court demanding injunctive relief from |
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federal executive orders that: |
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(A) are not in the best interests of the |
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compacting states; or |
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(B) do not comply with Clause 4, Section 8, |
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Article I, or Clause 2, Article VI, United States Constitution; and |
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(12) establish a uniform time frame for revoking |
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refugee status from a refugee in a compacting state who does not |
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seek naturalization. |
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(i) In addition, this compact is intended to create a |
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commission that will establish uniform procedures to manage joint |
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activities of the compacting states and the execution of support |
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activities and resources between and among the compacting states, |
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to establish a system of uniform tracking and data collection, to |
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provide intelligence to other compacting states regarding illegal |
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immigration activity within each state, to access information on |
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active cases by authorized criminal justice officials, and to |
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provide regular reporting to governors of the compacting states, |
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state legislatures, and the Secretary of the United States |
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Department of Homeland Security. |
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(j) It is the policy of the compacting states that the |
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activities of the commission are intended to foster public safety |
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and formulate public policy. Therefore, the commission is subject |
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to public sunshine laws in each compacting state. |
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ARTICLE II. INTERSTATE BORDER SECURITY AND REFUGEE RESETTLEMENT |
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COMMISSION |
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(a) The compacting states hereby create the Interstate |
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Border Security and Refugee Resettlement Commission. The |
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commission is a body corporate and joint agency of the compacting |
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states. The commission has all the responsibilities, powers, and |
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duties set forth in this compact, including the authority to sue and |
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be sued and additional powers as may be conferred on it by |
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subsequent action of the respective legislatures of the compacting |
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states in accordance with the terms of this compact. |
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(b) The commission consists of commissioners selected and |
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appointed by each compacting state with qualifications, terms, and |
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conditions for removal determined by the appointing state. The |
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commission's bylaws may provide for additional nonvoting members as |
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it considers necessary. |
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(c) Each compacting state represented at any meeting of the |
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commission is entitled to one vote. A majority of the compacting |
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states shall constitute a quorum for the transaction of business, |
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unless a larger quorum is required by the bylaws of the commission. |
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(d) The commission shall meet at least once each calendar |
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year. The chair may call additional meetings and, on the request of |
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a majority of compacting states, shall call additional meetings. |
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Public notice must be given of all meetings, and meetings are open |
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to the public, except as provided in Article V of the compact. |
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Public notice of meetings must include posting of meeting details |
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on the commission's website and the websites of compacting states. |
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(e) The commission shall establish and provide procedures |
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for the appointment of an executive committee that includes |
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commission officers, members, and others as determined by the |
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bylaws. The procedures must address qualifications and terms for |
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the executive committee. The executive committee has the power to |
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act on behalf of the commission during periods when the commission |
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is not in session, with the exception of rulemaking or amendment to |
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the compact. The executive committee oversees the day-to-day |
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activities managed by the executive director. Commission staff |
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administers enforcement and compliance with the compact and its |
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bylaws and rules and performs other duties, as directed by the |
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commission or set forth in the bylaws and rules. |
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ARTICLE III. POWERS AND DUTIES OF THE INTERSTATE BORDER SECURITY |
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AND REFUGEE RESETTLEMENT COMMISSION |
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The commission has the following powers: |
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(1) to adopt a seal and suitable bylaws governing the |
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management and operation of the commission; |
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(2) to adopt rules in compliance with the compacting |
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states' laws that have the force and effect of statutory law and are |
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binding in the compacting states to the extent and in the manner |
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provided in this compact; |
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(3) to enforce compliance with the compact and the |
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rules and bylaws of the commission, using all necessary and proper |
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means, including the use of judicial process; |
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(4) to establish and maintain offices; |
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(5) to purchase and maintain insurance and bonds; |
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(6) to borrow, accept, or contract for the services of |
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personnel, including members and their staffs; |
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(7) to establish and appoint committees and hire staff |
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that it considers necessary to carry out its functions, including |
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an executive committee as required by Article II of the compact; |
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(8) to elect or appoint officers, attorneys, |
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employees, agents, or consultants, and to fix their compensation, |
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define their duties, and determine their qualifications, and to |
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establish the commission's personnel policies and programs, |
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including policies and programs relating to conflicts of interest, |
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rates of compensation, and qualifications of personnel; |
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(9) to accept, receive, use, and dispose of donations |
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and grants of money, equipment, supplies, materials, and services; |
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(10) to lease, purchase, or accept contributions or |
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donations of any property, or otherwise own, hold, improve, or use |
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any property, whether real, personal, or mixed; |
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(11) to sell, convey, mortgage, pledge, lease, |
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exchange, abandon, or otherwise dispose of any property, whether |
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real, personal, or mixed; |
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(12) to establish a budget and make expenditures and |
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impose assessments as provided in Article VIII of the compact; |
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(13) to sue and be sued; |
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(14) to provide for dispute resolution among |
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compacting states; |
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(15) to perform any function necessary or appropriate |
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to achieve the purposes of this compact; |
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(16) to report annually to the compacting states' |
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governors and legislatures and the Secretary of the United States |
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Department of Homeland Security concerning the activities of the |
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commission during the preceding year, including any |
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recommendations that may have been adopted by the commission; |
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(17) to coordinate education, training, and public |
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awareness regarding border security and immigration enforcement |
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for officials involved in that activity; and |
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(18) to establish uniform standards for the reporting, |
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collecting, and exchanging of data. |
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ARTICLE IV. ORGANIZATION AND OPERATION OF THE COMMISSION |
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(a) The commission shall, by a majority of its members, not |
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later than a year after the first commission meeting, adopt bylaws |
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to govern its conduct as may be necessary or appropriate to carry |
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out the purposes of the compact, including: |
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(1) establishing the fiscal year of the commission; |
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(2) establishing an executive committee and other |
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committees as may be necessary; |
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(3) providing reasonable standards and procedures: |
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(A) for the establishment of committees; and |
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(B) governing any general or specific delegation |
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of any authority or function of the commission; |
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(4) providing reasonable procedures for calling and |
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conducting meetings of the commission and ensuring reasonable |
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notice of each meeting; |
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(5) establishing the titles and responsibilities of |
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the officers of the commission; |
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(6) providing reasonable standards and procedures for |
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the establishment of the personnel policies and programs of the |
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commission, notwithstanding any civil service laws or other similar |
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laws of any compacting state; |
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(7) providing a mechanism for decommissioning the |
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operations of the commission and the equitable return of any |
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surplus funds that may exist on the termination of the compact, |
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after the payment or reserve of funds needed to retire all of the |
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commission's debts and obligations; |
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(8) providing transition rules for establishing the |
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administration of the compact; and |
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(9) establishing standards and procedures for |
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compliance and technical assistance in carrying out the compact. |
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(b) The commission shall, by a majority of the members, |
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elect from among its members a chair and a vice chair, each of whom |
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shall have the authorities and duties as may be specified in the |
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bylaws. The chair, or in the chair's absence or disability, the |
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vice chair, shall preside at all meetings of the commission. The |
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officers shall serve without compensation or remuneration from the |
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commission, provided that, subject to the availability of budgeted |
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funds, the officers shall be reimbursed for any actual and |
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necessary costs and expenses incurred by them in the performance of |
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their duties and responsibilities as officers of the commission. |
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(c) The commission shall, through its executive committee, |
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appoint or retain an executive director for the period, on the |
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terms, and for the compensation the commission considers |
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appropriate. The executive director shall serve as secretary to |
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the commission and shall hire and supervise other staff as may be |
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authorized by the commission, but may not be a member of the |
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commission. |
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(d) The commission shall maintain its corporate books and |
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records in accordance with the bylaws. |
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(e) The commission shall defend the commissioner of a |
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compacting state, the commissioner's representatives or employees, |
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or the commission's representatives or employees in any civil |
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action seeking to impose liability arising out of any actual or |
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alleged act, error, or omission that occurred within the scope of |
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commission employment, duties, or responsibilities, or that the |
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defendant had a reasonable basis for believing occurred within the |
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scope of commission employment, duties, or responsibilities, |
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provided that the actual or alleged act, error, or omission did not |
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result from intentional wrongdoing on the part of the person. |
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(f) The commission shall indemnify and hold the |
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commissioner of a compacting state, the appointed representatives |
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or employees, or the commission's representatives or employees |
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harmless in the amount of any settlement or judgment obtained |
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against those persons arising out of any actual or alleged act, |
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error, or omission that occurred within the scope of commission |
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employment, duties, or responsibilities, or that those persons had |
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a reasonable basis for believing occurred within the scope of |
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commission employment, duties, or responsibilities, provided that |
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the actual or alleged act, error, or omission did not result from |
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intentional wrongdoing on the part of those persons. |
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ARTICLE V. COMMISSION ACTIVITIES |
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(a) The commission shall meet and take actions as are |
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consistent with the provisions of this compact. |
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(b) Except as otherwise provided in this compact and unless |
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a greater percentage is required under the bylaws, in order to |
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constitute an act of the commission, the act must have been taken at |
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a meeting of the commission and must have received an affirmative |
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vote of a majority of the members present. |
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(c) Each member of the commission shall have the authority |
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and power to cast a vote to which that compacting state is entitled |
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and to participate in the business and affairs of the commission. A |
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member shall vote in person on behalf of the compacting state and |
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may not delegate a vote to another compacting state. However, a |
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member may designate another individual, in the absence of the |
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member, to cast a vote on behalf of the member at a specified |
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meeting. The bylaws may provide for members' participation in |
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meetings by telephone or other means of telecommunication or |
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electronic communication. Any voting conducted by telephone or |
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other means of telecommunication or electronic communication shall |
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be subject to the same quorum requirements of meetings where |
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members are present in person and to the same requirements of open |
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meetings as determined by Subsection (e). |
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(d) The commission's bylaws shall establish conditions and |
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procedures under which the commission shall make its information |
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and official records available to the public for inspection or |
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copying. The commission may exempt from disclosure any information |
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or official records to the extent the information or records would |
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adversely affect personal privacy rights or proprietary interests. |
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In adopting those rules, the commission may make available to law |
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enforcement agencies records and information otherwise exempt from |
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disclosure, and may enter into agreements with law enforcement |
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agencies to receive or exchange information or records subject to |
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nondisclosure and confidentiality provisions. |
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(e) The commission shall adopt rules consistent with the |
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principles contained in the Government in the Sunshine Act (5 |
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U.S.C. Section 552b). The commission and any of its committees may |
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close a meeting to the public when the commission determines by |
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two-thirds vote that an open meeting would be likely to: |
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(1) relate solely to the commission's internal |
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personnel practices and procedures; |
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(2) disclose matters specifically exempted from |
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disclosure by statute; |
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(3) disclose trade secrets or commercial or financial |
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information that is privileged or confidential; |
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(4) involve accusing any person of a crime or formally |
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censuring any person; |
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(5) disclose information of a personal nature when the |
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disclosure would constitute a clearly unwarranted invasion of |
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personal privacy; |
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(6) disclose investigatory records compiled for law |
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enforcement purposes; |
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(7) disclose information contained in or related to |
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examination, operating, or condition reports prepared by, or on |
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behalf of or for the use of, the commission with respect to a |
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regulated entity for the purpose of regulation or supervision of |
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the entity; |
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(8) disclose information when the premature |
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disclosure would significantly endanger the life of a person or the |
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stability of a regulated entity; or |
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(9) specifically relate to the commission's issuance |
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of a subpoena or its participation in a civil action or proceeding. |
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(f) For every meeting closed under Subsection (e), the |
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commission's chief legal officer shall publicly certify that, in |
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the officer's opinion, the meeting may be closed to the public and |
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shall make reference to each relevant provision authorizing closure |
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of the meeting. The commission shall keep minutes that fully and |
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clearly describe all matters discussed in any meeting and shall |
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provide a full and accurate summary of any action taken and the |
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reasons for the action, including a description of each of the views |
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expressed on any item and the record of any roll call vote. All |
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documents considered in connection with any action shall be |
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identified in the minutes. |
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(g) The commission shall collect standardized data |
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concerning the interstate movement and activity of illegal aliens |
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within the compacting states as directed through its bylaws and |
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rules, which specify the data to be collected, the means of |
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collection, data exchange, and reporting requirements. |
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ARTICLE VI. RULEMAKING FUNCTIONS OF COMMISSION |
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(a) The commission shall adopt rules: |
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(1) to effectively and efficiently achieve the |
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purposes of the compact, including transition rules governing |
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administration of the compact during the period in which it is being |
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considered and enacted by the states; and |
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(2) under criteria set forth in this article and the |
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bylaws and rules adopted under this article. |
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(b) Rulemaking must substantially conform to the principles |
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of the federal Administrative Procedure Act (5 U.S.C. Section 551 |
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et seq.) and the Federal Advisory Committee Act (5 U.S.C. Appendix, |
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Section 1 et seq.). All rules and amendments shall become binding |
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as of the date specified in the rule or amendment. |
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(c) If a majority of the legislatures of the compacting |
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states rejects a rule, by enactment of a statute or resolution in |
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the same manner used to adopt the compact, the rule has no further |
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force and effect in any compacting state. |
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(c-1) If a compacting state rejects a rule by enacting a |
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statute or resolution, the rule has no further force and effect in |
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that compacting state. |
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(d) When adopting a rule, the commission shall: |
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(1) publish the proposed rule, stating with |
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particularity the text of the rule that is proposed and the reason |
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for the proposed rule; |
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(2) allow persons to submit written data, facts, |
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opinions, and arguments that will be publicly available; |
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(3) provide an opportunity for an informal hearing; |
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and |
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(4) adopt a final rule and its effective date, if |
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appropriate, based on the rulemaking record. |
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(e) Not later than the 60th day after the date a rule is |
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adopted, an interested person may file a petition in the United |
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States District Court for the District of Columbia or in the federal |
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district court where the commission's principal office is located |
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for judicial review of the rule. If the court finds that the |
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commission's action is not supported by substantial evidence in the |
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rulemaking record, the court shall hold the rule unlawful and set it |
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aside. For purposes of this subsection, evidence is substantial if |
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it would be considered substantial evidence under the federal |
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Administrative Procedure Act (5 U.S.C. Section 551 et seq.) and the |
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Federal Advisory Committee Act (5 U.S.C. Appendix, Section 1 et |
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seq.). |
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(f) On determination by the commission that an emergency |
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exists, the commission may adopt an emergency rule that is |
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effective immediately on adoption, provided that the usual |
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rulemaking procedures provided in this article shall be |
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retroactively applied to said rule as soon as reasonably possible, |
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but not later than the 90th day after the effective date of the |
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rule. |
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ARTICLE VII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION |
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BY THE COMMISSION |
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(a) The commission shall oversee the interstate movement of |
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illegal aliens in compacting states and the resettlement of |
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refugees in compacting states and shall monitor those activities |
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being administered in non-compacting states that may significantly |
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affect compacting states. |
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(b) The courts and executive agencies in each compacting |
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state shall enforce this compact and shall take all action |
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necessary and appropriate to effectuate the compact's purposes and |
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intent. In any judicial or administrative proceeding in a |
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compacting state pertaining to the subject matter of this compact |
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that may affect the powers, responsibilities, or actions of the |
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commission, the commission is entitled to receive all service of |
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process in any of those proceedings and has standing to intervene in |
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those proceedings for all purposes. |
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(c) The compacting states shall report to the commission on |
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issues or activities of concern to them and cooperate with and |
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support the commission in the discharge of its duties and |
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responsibilities. |
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(d) The commission shall attempt to resolve any disputes or |
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other issues that are subject to the compact and that may arise |
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among compacting states and non-compacting states. The commission |
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shall enact a bylaw or adopt a rule providing for both mediation and |
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binding dispute resolution for disputes among the compacting |
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states. |
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(e) The commission, in the reasonable exercise of its |
|
discretion, shall enforce the provisions of this compact using the |
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means set forth in Subsections (e), (f), (g), (h), and (i) of |
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Article X of the compact. |
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ARTICLE VIII. FINANCE |
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(a) The commission shall pay or provide for the payment of |
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the reasonable expenses of its establishment, organization, and |
|
ongoing activities. |
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(b) The commission shall impose and collect an annual |
|
assessment from each compacting state to cover the cost of the |
|
internal operations and activities of the commission and its staff, |
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in a total amount sufficient to cover the commission's annual |
|
budget as approved each year. The aggregate annual assessment |
|
amount shall be allocated based on a formula to be determined by the |
|
commission, taking into consideration the population of illegal |
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aliens in the state, the magnitude of illegal alien smuggling and |
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criminal activity, the miles of international border in each |
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compacting state, and the number of refugees resettled in the |
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state. The commission shall adopt a rule that governs the |
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assessment and is binding on all compacting states. |
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(c) The commission may not incur any obligation of any kind |
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before securing the funds adequate to meet the same, and the |
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commission may not pledge the credit of a compacting state, except |
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by and with the authority of the compacting state. |
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(d) The commission shall keep accurate accounts of all |
|
receipts and disbursements. The receipts and disbursements of the |
|
commission are subject to the audit and accounting procedures |
|
established under its bylaws. However, all receipts and |
|
disbursements of funds handled by the 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 commission. |
|
ARTICLE IX. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT |
|
(a) Any state is eligible to become a compacting state. |
|
(b) The compact is effective and binding on legislative |
|
enactment of the compact into law by not fewer than two of the 50 |
|
states. After enactment by two states, the compact is effective and |
|
binding as to any additional compacting state on: |
|
(1) approval of a majority of the compacting states; |
|
and |
|
(2) enactment of the compact into law by that state. |
|
(c) The governors of non-compacting states or their |
|
designees may be invited to participate in commission activities on |
|
a nonvoting basis before adoption of the compact by other states. |
|
(d) Amendments to the compact may be proposed by the |
|
commission for enactment by the compacting states. An amendment is |
|
not effective and binding on the commission and the compacting |
|
states until it is enacted into law by unanimous consent of the |
|
compacting states. |
|
ARTICLE X. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL |
|
ENFORCEMENT |
|
(a) Once effective, the compact shall continue in force and |
|
remain binding on a compacting state, provided that a compacting |
|
state may withdraw from the compact by specifically repealing the |
|
statute that enacted the compact into law. The effective date of |
|
withdrawal is the effective date of the repeal of the statute that |
|
enacted the compact into law. |
|
(b) The withdrawing state shall immediately notify in |
|
writing the chair of the commission of the introduction of |
|
legislation repealing this compact in the legislature of the |
|
withdrawing state. The commission shall notify the other |
|
compacting states of the withdrawing state's intent to withdraw not |
|
later than the 60th day after the date of receipt of the written |
|
notice. |
|
(c) The withdrawing state is responsible for all |
|
assessments, obligations, and liabilities incurred through the |
|
effective date of withdrawal, including any obligation the |
|
performance of which extends beyond the effective date of |
|
withdrawal. |
|
(d) Reinstatement of a previously withdrawn compacting |
|
state occurs on the withdrawing state reenacting the compact or on a |
|
later date as determined by the commission. |
|
(e) If the 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 rules of the commission, the commission may impose any or all of |
|
the following penalties: |
|
(1) fines, fees, and costs in amounts as are |
|
considered reasonable as fixed by the commission; |
|
(2) remedial training and technical assistance as |
|
directed by the commission; or |
|
(3) suspension and termination of membership in the |
|
compact. |
|
(f) Suspension of a compacting state may be imposed only |
|
after all other reasonable means of securing compliance under the |
|
bylaws and rules have been exhausted. Immediate notice of |
|
suspension shall be given by the commission to the governor, the |
|
chief justice or chief judicial officer of the defaulting state, |
|
the presiding officers of the defaulting state's legislature, and |
|
the defaulting state's attorney general. |
|
(g) The grounds for default include failure of a compacting |
|
state to perform obligations or responsibilities imposed on it by |
|
this compact or the commission's bylaws or rules. Pending a cure of |
|
the default, the commission shall immediately notify in writing the |
|
defaulting state of the penalty imposed by the commission. The |
|
commission shall stipulate the conditions and the time within which |
|
the defaulting state must cure its default. If the defaulting state |
|
fails to cure the default within the time specified by the |
|
commission, in addition to any other penalties imposed, the |
|
defaulting state may be terminated from the compact on 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 suspension. Not later than |
|
the 60th day after the effective date of termination of a defaulting |
|
state, the commission shall notify the governor, the chief justice |
|
or chief judicial officer of the defaulting state, the presiding |
|
officers of the defaulting state's legislature, and the defaulting |
|
state's attorney general. |
|
(h) The defaulting state is responsible for all |
|
assessments, obligations, and liabilities incurred through the |
|
effective date of termination, including any obligation the |
|
performance of which extends beyond the effective date of |
|
termination. |
|
(i) The commission may not bear any cost relating to the |
|
defaulting state unless otherwise mutually agreed on between the |
|
commission and the defaulting state. Reinstatement following |
|
termination of any compacting state requires both a reenactment of |
|
the compact by the defaulting state and the approval of the |
|
commission under the rules. |
|
(j) The 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 commission, in the |
|
federal district court where the commission has its principal |
|
office, to enforce compliance with the provisions of the compact or |
|
its rules or bylaws against any compacting state in default. In the |
|
event judicial enforcement is necessary, the prevailing party shall |
|
be awarded all costs of litigation, including reasonable attorney's |
|
fees. |
|
(k) The compact dissolves effective on the date of the |
|
withdrawal or default of the compacting state that reduces |
|
membership in the compact to one compacting state. |
|
(l) On the dissolution of the compact, the compact becomes |
|
void and is of no further force or effect, the business and affairs |
|
of the commission are 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 considered |
|
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 |
|
(a) This compact does not prevent the enforcement of any |
|
other law of a compacting state that is not inconsistent with this |
|
compact. |
|
(b) All agreements between the commission and the |
|
compacting states are binding in accordance with their terms. |
|
(c) On the request of a party to a conflict over the meaning |
|
or interpretation of a commission action, and on a majority vote of |
|
the compacting states, the commission may issue an advisory opinion |
|
regarding the meaning or interpretation. |
|
(d) 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 the provision on the commission is ineffective and |
|
the obligations, duties, powers, or jurisdiction remains in the |
|
compacting state and is exercised by the agency of the compacting |
|
state to which the obligations, duties, powers, or jurisdiction is |
|
delegated by law in effect at the time this compact becomes |
|
effective. |
|
Sec. 793.003. EFFECT ON STATE LAWS. If the laws of this |
|
state conflict with the compact or a rule adopted under the compact, |
|
the compact or rule controls, except that if a conflict exists |
|
between the compact or rule and the state constitution, as |
|
determined by the courts of this state, the state constitution |
|
controls. |
|
Sec. 793.004. COMMISSIONER. (a) The governor shall |
|
appoint a commissioner to be responsible for administration and |
|
management of this state's participation in the compact. |
|
(b) If the commissioner is unable to attend a specific |
|
meeting of the commission, the governor shall delegate voting |
|
authority for that meeting to another individual from this state. |
|
(c) The commissioner serves at the will of the governor. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |