CHAPTER 510. INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE G. CORRECTIONS

CHAPTER 510. INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 510.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Interstate Commission for Adult

Offender Supervision.

(2) "Compact" means the Interstate Compact for Adult Offender

Supervision.

(3) "State council" means the Texas State Council for Interstate

Adult Offender Supervision.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.002. APPLICABILITY OF CHAPTER 2110. Chapter 2110

applies to the state council, except for Sections 2110.002,

2110.003, and 2110.008.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.003. ADMINISTRATION. The state council, the compact

administrator, and the state's commissioner to the commission are

administratively attached to the department.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

SUBCHAPTER B. TEXAS STATE COUNCIL FOR INTERSTATE ADULT OFFENDER

SUPERVISION

Sec. 510.011. ESTABLISHMENT. The Texas State Council for

Interstate Adult Offender Supervision is established.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.012. COMPOSITION; TERMS. (a) The state council is

composed of:

(1) the executive director or the executive director's designee;

(2) three members appointed by the governor, one of whom must be

a representative of an organization representing the rights of

victims of crime;

(3) one member appointed by the presiding judge of the court of

criminal appeals;

(4) one member appointed by the lieutenant governor; and

(5) one member appointed by the speaker of the house of

representatives.

(b) Appointed members of the state council serve staggered terms

of six years, with the terms of two members expiring February 1

of each odd-numbered year.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.013. DUTIES OF EXECUTIVE DIRECTOR, EXECUTIVE DIRECTOR'S

DESIGNEE. (a) The governor shall designate one member of the

state council as the presiding officer of the state council, and

the presiding officer serves in that capacity at the pleasure of

the governor.

(b) The governor shall appoint the state's compact administrator

and the state's commissioner to the commission, and may appoint

one person as administrator and one person as commissioner or one

person to be both administrator and commissioner. The person or

persons, as appropriate, serve at the pleasure of the governor.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.014. DUTIES OF COUNCIL. The council shall advise the

compact administrator and the state's commissioner to the

commission on the state's participation in commission activities

and the administration of the compact.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.015. LIABILITIES FOR CERTAIN COMMISSION AGENTS. The

compact administrator, the state's commissioner to the

commission, 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 purposes of acts

and 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.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.016. EFFECT ON TEXAS LAWS. In the event 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.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.

Sec. 510.017. COMPACT TO BE ENTERED; TEXT. The Interstate

Compact for Adult Offender Supervision is hereby entered into and

enacted into law as follows:

ARTICLE I. PURPOSE

(a) The compacting states to this interstate compact recognize

that each state is responsible for the supervision of adult

offenders in the community who are authorized pursuant to the

bylaws and rules of this compact to travel across state lines

both to and from each compacting state in such a manner as to

track the location of offenders, transfer supervision authority

in an orderly and efficient manner and, when necessary, return

offenders to the originating jurisdictions. The compacting states

also recognize that the United States Congress, by enacting 4

U.S.C. 112, has authorized and encouraged compacts for

cooperative efforts and mutual assistance in the prevention of

crime.

(b) It is the purpose of this compact and the Interstate

Commission created under this compact, through means of joint and

cooperative action among the compacting states: To provide the

framework for the promotion of public safety and protect the

rights of victims through the control and regulation of the

interstate movement of offenders in the community; to provide for

the effective tracking, supervision and rehabilitation of these

offenders by the sending and receiving states; and to equitably

distribute the costs, benefits and obligations of the compact

among the compacting states.

(c) In addition, this compact is intended to: Create an

Interstate Commission that will establish uniform procedures to

manage the movement between states of offenders placed under

community supervision and released to the community under the

jurisdiction of courts, paroling authorities or corrections or

other criminal justice agencies that will promulgate rules to

achieve the purpose of this compact; ensure an opportunity for

input and timely notice to victims and to jurisdictions where

offenders are authorized to travel or to relocate across state

lines; establish a system of uniform data collection, access to

information on active cases by authorized criminal justice

officials and regular reporting of compact activities to the

heads of State Councils, the state executive, judicial and

legislative branches and the criminal justice administrators;

monitor compliance with rules governing interstate movement of

offenders and initiate interventions to address and correct

noncompliance; and coordinate training and education on the

regulation of interstate movement of offenders for officials

involved in such activity.

(d) The compacting states recognize that there is no right of

any offender to live in another state and that duly accredited

officers of a sending state may at all times enter a receiving

state and there apprehend and retake any offender under

supervision, subject to the provisions of this compact and the

bylaws and rules promulgated under this compact. It is the policy

of the compacting states that the activities conducted by the

Interstate Commission are intended to formulate public policy and

are therefore public business.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

(a) "Adult" means a person who is 18 years of age or older or a

person under 18 years of age who is legally classified, either by

statute or court order, as an adult.

(b) "Bylaws" means those bylaws established by the Interstate

Commission for its governance or for directing or controlling the

Interstate Commission's actions or conduct.

(c) "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 offenders subject to the terms of

this compact, the rules adopted by the Interstate Commission and

policies adopted by the State Council under this compact.

(d) "Compacting state" means any state which has enacted the

enabling legislation for this compact.

(e) "Commissioner" means the voting representative of each

compacting state appointed pursuant to Article III of this

compact.

(f) "Interstate Commission" means the Interstate Commission for

Adult Offender Supervision created by Article III of this

compact.

(g) "Member" means the commissioner of a compacting state or the

commissioner's designee, who shall be an individual officially

connected with the commissioner.

(h) "Noncompacting state" means any state that has not enacted

the enabling legislation for this compact.

(i) "Offender" means an adult placed under or subject to

supervision as the result of the commission of a criminal offense

and released to the community under the jurisdiction of courts,

paroling authorities or corrections or other criminal justice

agencies.

(j) "Person" means any individual, corporation, business

enterprise or other legal entity, either public or private.

(k) "Rules" means acts of the Interstate Commission, duly

promulgated pursuant to Article VII of this compact and

substantially affecting interested parties in addition to the

Interstate Commission, that have the force and effect of law in

the compacting states.

(l) "State" means a state of the United States, the District of

Columbia or any territorial possession of the United States.

(m) "State Council" means the resident members of the State

Council for Interstate Adult Offender Supervision created by each

state under this compact.

ARTICLE III. THE INTERSTATE COMMISSION FOR ADULT OFFENDER

SUPERVISION

(a) The compacting states hereby create the Interstate

Commission for Adult Offender Supervision. The Interstate

Commission shall be a body corporate and joint agency of the

compacting states. The Interstate Commission shall have all the

responsibilities, powers and duties set forth in this compact,

including the power to sue and be sued 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

selected and appointed by each state. 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 and crime victims. All

noncommissioner members of the Interstate Commission shall be

nonvoting members. The Interstate Commission may provide in its

bylaws for such additional nonvoting members as it deems

necessary.

(c) 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.

(d) The Interstate Commission shall meet at least once each

calendar year. The chairperson may call additional meetings and,

upon the request of 27 or more compacting states, shall call

additional meetings. Public notice shall be given of all meetings

and meetings shall be open to the public, except as provided in

Article VII of this compact.

(e) The Interstate Commission shall establish an executive

committee that shall include commission officers, members and

others as shall be 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 oversees the day-to-day

activities managed by the executive director and Interstate

Commission staff, administers enforcement and compliance with the

provisions of the compact, its bylaws and rules and as directed

by the Interstate Commission and performs other duties as

directed by the Interstate Commission or as set forth in the

bylaws and rules.

ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

(a) To adopt a seal and suitable bylaws governing the management

and operation of the Interstate Commission.

(b) To promulgate rules 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.

(c) To oversee, supervise and coordinate the interstate movement

of offenders subject to the terms of this compact and any bylaws

adopted and rules promulgated by the Interstate Commission.

(d) To enforce compliance with the compact and the rules and

bylaws of the Interstate Commission, using all necessary and

proper means, including, but not limited to, the use of judicial

process.

(e) To establish and maintain offices.

(f) To purchase and maintain insurance and bonds.

(g) To borrow, accept or contract for the services of personnel,

including, but not limited to, members and their staffs.

(h) To establish and appoint committees and hire staff that it

deems necessary to carry out 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 under

this compact.

(i) 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, among other things, conflicts of interest, rates of

compensation and qualifications of personnel.

(j) To accept any and all donations and grants of money,

equipment, supplies, materials and services, and to receive,

utilize and dispose of same.

(k) To lease, purchase, accept contributions or donations of any

property, or otherwise to own, hold, improve or use any property,

whether real, personal or mixed.

(l) To sell, convey, mortgage, pledge, lease, exchange, abandon

or otherwise dispose of any property, whether real, personal or

mixed.

(m) To establish a budget and make expenditures and levy dues as

provided in Article IX of this compact.

(n) To sue and be sued.

(o) To provide for dispute resolution among compacting states.

(p) To perform such functions as may be necessary or appropriate

to achieve the purposes of this compact.

(q) To report annually to the legislatures, governors, judiciary

and State Councils 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.

(r) To coordinate education, training and public awareness

regarding the interstate movement of offenders for officials

involved in such activity.

(s) To establish uniform standards for the reporting, collecting

and exchanging of data.

ARTICLE V. ORGANIZATION AND OPERATION OF THE INTERSTATE

COMMISSION

(a) The Interstate Commission shall, by a majority of the

members, 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:

(1) Establishing the fiscal year of the Interstate Commission.

(2) Establishing an Executive Committee and such other

committees as may be necessary.

(3) Providing reasonable standards and procedures:

(i) For the establishment of committees; and

(ii) Governing any general or specific delegation of any

authority or function of the Interstate Commission.

(4) Providing reasonable procedures for calling and conducting

meetings of the Interstate Commission, and ensuring reasonable

notice of each meeting.

(5) Establishing the titles and responsibilities of the officers

of the Interstate Commission.

(6) Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Interstate Commission. Notwithstanding any civil service laws or

other similar laws of any compacting state, the bylaws shall

exclusively govern the personnel policies and programs of the

Interstate Commission.

(7) Providing a mechanism for winding up the operations of the

Interstate Commission and the equitable return of any surplus

funds that may exist upon the termination of the compact after

the payment or reserving of all of the Interstate Commission's

debts and obligations.

(8) Providing transition rules for start-up administration of

the compact.

(9) Establishing standards and procedures for compliance and

technical assistance in carrying out the compact.

(b)(1) The Interstate Commission shall, by a majority of the

members, elect from among its members a chairperson and a vice

chairperson, each of whom shall have such authorities 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 actual 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

and shall hire and supervise other staff as may be authorized by

the Interstate Commission, but shall not be a member of the

Interstate Commission.

(c) The Interstate Commission shall maintain its corporate books

and records in accordance with the bylaws.

(d)(1) The Interstate Commission shall defend the commissioner of

a compacting state, the commissioner's representatives or

employees or the Interstate Commission'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

wrongdoing on the part of such person.

(2) The Interstate Commission shall indemnify and hold the

commissioner of a compacting state, the appointed 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 wrongdoing on the

part of such persons.

ARTICLE VI. ACTIVITIES OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall meet and take such actions

as are consistent with the provisions of this compact.

(b) Except as otherwise provided in this compact and unless a

greater percentage is required under the bylaws, in order to

constitute an act of the Interstate Commission, such act shall

have been taken at a meeting of the Interstate Commission and

shall have received an affirmative vote of a majority of the

members present.

(c) 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 on behalf of

the compacting state and shall not delegate a vote to another

compacting state. However, a member may designate another

individual, in the absence of the member, to cast a vote on

behalf of the member at a specified meeting. The bylaws may

provide for members' participation in meetings by telephone or

other means of telecommunication or electronic communication. Any

voting conducted by telephone or other means of telecommunication

or electronic communication shall be subject to the same quorum

requirements of meetings where members are present in person.

(d) The Interstate Commission shall meet at least once during

each calendar year. The chairperson of the Interstate Commission

may call additional meetings at any time and, upon the request of

a majority of the members, shall call additional meetings.

(e) 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 the information or records would adversely affect personal

privacy rights or proprietary interests. In promulgating such

rules, the Interstate Commission may make available to law

enforcement agencies records and information otherwise exempt

from disclosure, and may enter into agreements with law

enforcement agencies to receive or exchange information or

records subject to nondisclosure and confidentiality provisions.

(f) 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 shall promulgate rules consistent with the principles

contained in the Government in the Sunshine Act, 5 U.S.C. 552, as

amended. The Interstate Commission and any of its committees may

close a meeting to the public when the Interstate Commission

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 that is privileged or confidential;

(4) Involve accusing any person of a crime or formally censuring

any person;

(5) Disclose information of a personal nature when such

disclosure would constitute a clearly unwarranted invasion of

personal privacy;

(6) Disclose investigatory 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 entity for the purpose of regulation or supervision of

such entity;

(8) Disclose information when such premature disclosure would

significantly endanger the life of a person or the stability of a

regulated entity; or

(9) Specifically relate to the Interstate Commission's issuance

of a subpoena or its participation in a civil action or

proceeding.

(g) For every meeting closed pursuant to Subsection (f) of this

Article, the Interstate Commission's chief legal officer shall

publicly certify that, in the officer's opinion, the meeting may

be closed to the public and shall make reference to each relevant

provision authorizing closure of the meeting. The Interstate

Commission shall keep minutes that fully and clearly describe all

matters discussed in any meeting and shall provide a full and

accurate summary of any action taken, and the reasons therefor,

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.

(h) The Interstate Commission shall collect standardized data

concerning the interstate movement of offenders as directed

through its bylaws and rules that specify the data to be

collected, the means of collection and data exchange and

reporting requirements.

ARTICLE VII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall promulgate rules in order to

effectively and efficiently achieve the purposes of the compact,

including transition rules governing administration of the

compact during the period in which it is being considered and

enacted by the states.

(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 federal Administrative Procedure Act, 5 U.S.C. 551 et seq.,

and the Federal Advisory Committee Act, 5 U.S.C. Appendix 2,

section 1 et seq., as amended. All rules and amendments shall

become binding as of the date specified in each rule or

amendment.

(c) If a majority of the legislatures of the compacting states

rejects a rule, by enactment of a statute or resolution in the

same manner used to adopt the compact, then such rule shall have

no further force and effect in any compacting state.

(d) When promulgating a rule, the Interstate Commission shall:

(1) Publish the proposed rule, stating with particularity the

text of the rule that is proposed and the reason for the proposed

rule;

(2) Allow persons to submit written data, facts, opinions and

arguments, which information shall be publicly available;

(3) Provide an opportunity for an informal hearing; and

(4) Promulgate a final rule and its effective date, if

appropriate, based on the rulemaking record. Not later than 60

days after a rule is promulgated, any interested person may 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 federal

Administrative Procedure Act, 5 U.S.C. 551 et seq., and the

Federal Advisory Committee Act, 5 U.S.C. Appendix 2, section 1 et

seq., as amended.

(e) Rules related to the following subjects must be addressed

within 12 months after the first meeting of the Interstate

Commission:

(1) Notice to victims and opportunity to be heard;

(2) Offender registration and compliance;

(3) Violations and returns;

(4) Transfer procedures and forms;

(5) Eligibility for transfer;

(6) Collection of restitution and fees from offenders;

(7) Data collection and reporting;

(8) The level of supervision to be provided by the receiving

state;

(9) Transition rules governing the operation of the compact and

the Interstate Commission during all or part of the period

between the effective date of the compact and the date on which

the last eligible state adopts the compact; and

(10) Mediation, arbitration and dispute resolution.

(f) The existing rules governing the operation of the previous

compact superseded by this compact 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

in this Article shall be retroactively applied to said rule as

soon as reasonably possible, but no later than 90 days after the

effective date of the rule.

ARTICLE VIII. OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY

THE INTERSTATE COMMISSION

(a)(1) The Interstate Commission shall oversee the Interstate

movement of adult offenders in the compacting states and shall

monitor such activities being administered in noncompacting

states that 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.

In any judicial or administrative proceeding in a compacting

state pertaining to the subject matter of this compact that 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.

(b)(1) The compacting states shall report to the Interstate

Commission on issues or activities of concern to them and

cooperate with and support the Interstate Commission in the

discharge of its duties and responsibilities.

(2) The Interstate Commission shall attempt to resolve any

disputes or other issues that are subject to the compact and that

may arise among compacting states and noncompacting states. The

Interstate Commission shall enact a bylaw or promulgate a rule

providing for both mediation and binding dispute resolution for

disputes among the compacting states.

(c) The Interstate Commission, in the reasonable exercise of its

discretion, shall enforce the provisions of this compact using

any or all means set forth in Article XI (b) of this compact.

ARTICLE IX. 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 the state and the volume of interstate movement of offenders

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 X. 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 fewer than 35

of the states. The initial effective date shall be the later of

July 1, 2001, 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 may be invited to participate in

Interstate Commission activities on a non-voting basis prior to

adoption of the compact by all states.

(c) Amendments to the compact may be proposed by the Interstate

Commission 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 XI. WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL

ENFORCEMENT

(a)(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 that enacted the compact into

law.

(2) The effective date of withdrawal is the effective date of

the repeal of the statute that enacted the compact into law.

(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.

(b)(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 rules of the Interstate Commission, the Interstate

Commission may impose any or all of the following penalties:

(i) Fines, fees and costs in such amounts as are deemed to be

reasonable as fixed by the Interstate Commission;

(ii) Remedial training and technical assistance as directed by

the Interstate Commission;

(iii) Suspension and termination of membership in the compact.

Suspension shall 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

Interstate Commission to the governor, the chief justice or chief

judicial officer of the defaulting state; the majority and

minority leaders of the defaulting state's legislature, and the

state council.

(2) The grounds for default include, but are not limited to,

failure of a compacting state to perform obligations or

responsibilities imposed upon it by this compact or the

Interstate Commission bylaws or rules. The Interstate Commission

shall immediately notify the defaulting state in writing of the

penalty imposed by the Interstate Commission on the defaulting

state 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, in addition to any other penalties

imposed, the defaulting state may 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 suspension. 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 defaulting state,

the majority and minority leaders of the defaulting state's

legislature and the State Council 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 extend 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

between the Interstate 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 Interstate Commission pursuant to

the rules.

(c) 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 court where the

Interstate Commission has its principal office to enforce

compliance with the provisions of the compact, 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 such litigation, including reasonable

attorney fees.

(d)(1) The compact dissolves effective upon the date of the

withdrawal or default of the compacting state that 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 wound

up and any surplus funds shall be distributed in accordance with

the bylaws.

ARTICLE XII. 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 XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a)(1) Nothing in this compact prevents the enforcement of any

other law of a compacting state that is not inconsistent with

this compact.

(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.

Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11,

2001.