Bill Text: TX HB3711 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to an interstate compact on border security and refugee resettlement; authorizing fines, fees, and assessments.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [HB3711 Detail]
Download: Texas-2023-HB3711-Introduced.html
88R9775 JCG-F | ||
By: Clardy | H.B. No. 3711 |
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relating to an interstate compact on border security and refugee | ||
resettlement; authorizing fines, fees, and assessments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 7, Government Code, is amended by adding | ||
Chapter 794 to read as follows: | ||
CHAPTER 794. INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE | ||
RESETTLEMENT | ||
Sec. 794.001. DEFINITIONS. In this chapter: | ||
(1) "Alien" means an individual who is not a United | ||
States citizen or United States national. | ||
(2) "Border security" means the security of a border | ||
at which only those authorized to cross the border can do so and at | ||
which every illegal crossing event between the legal ports of entry | ||
is detected and stopped. | ||
(3) "Bylaws" means those bylaws established by the | ||
commission for its governance or those rules constructed for | ||
directing or controlling the commission's actions or conduct. | ||
(4) "Commission" means the Interstate Border Security | ||
and Refugee Resettlement Commission. | ||
(5) "Commissioner" means the voting representative of | ||
each compacting state appointed under the compact. | ||
(6) "Compact" means the Interstate Compact for Border | ||
Security and Refugee Resettlement executed under Section 794.002. | ||
(7) "Compacting state" means any state that has | ||
enacted the enabling legislation for this interstate compact. | ||
(8) "Illegal alien" means an alien located in a | ||
compacting state who is deportable under Clause 4, Section 8, | ||
Article I, United States Constitution, and who has entered the | ||
United States illegally or who entered the United States legally, | ||
but who remains in the United States without authorization. | ||
(9) "Rules" means acts of the commission adopted under | ||
Article VI of the compact and substantially affecting interested | ||
parties that have the force of law in the compacting states. | ||
Sec. 794.002. EXECUTION OF COMPACT. This state enacts the | ||
Interstate Compact for Border Security and Refugee Resettlement and | ||
enters into the compact with all other states legally joining in the | ||
compact in substantially the following form: | ||
INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE RESETTLEMENT | ||
ARTICLE I. PURPOSE | ||
(a) The compacting states recognize that each state is | ||
responsible for the monitoring, detection, apprehension, and | ||
detainment of unauthorized border crossers to enforce existing | ||
federal immigration law. | ||
(b) The compacting states are authorized to form a dedicated | ||
border security force with each state having an appropriate command | ||
structure. Each compacting state's border security force shall be | ||
administered by state law enforcement functions. | ||
(c) The compacting states are authorized to prosecute | ||
illegal alien criminal activity through the state attorneys general | ||
of the compacting states and incarcerate those convicted in prisons | ||
operated by the compacting states. | ||
(d) The border security forces from any compacting state may | ||
operate in any other compacting state's territory when requested by | ||
that state. Interstate sharing of state resources extends to both | ||
personnel and equipment resources. Cross-state operations and | ||
support are authorized for state militias, organized and | ||
unorganized as defined by 10 U.S.C. Section 311, employed in a state | ||
border security role. | ||
(e) The compacting states will immediately invalidate any | ||
restrictions placed on border enforcement activities under federal | ||
regulations administered by the United States Environmental | ||
Protection Agency, the Bureau of Land Management, the United States | ||
Fish and Wildlife Service, the Federal Aviation Administration, and | ||
any other federal agencies with the purpose of restricting land and | ||
airspace access to compacting state officials and their law | ||
enforcement agencies. | ||
(f) The border security forces of each compacting state | ||
while bound by the laws of that state are vested with broad law | ||
enforcement powers necessary to track down illegal border crossers | ||
and criminals and to enforce existing federal immigration laws. If | ||
a majority of the governors of the compacting states have declared | ||
an invasion under Section 10, Article I, United States | ||
Constitution, the border security forces of the compacting states | ||
may take any action necessary to repel an individual attempting to | ||
make an unlawful entry into a compacting state. | ||
(g) A compacting state's border security forces are | ||
granted, in accordance with the state's law, the authority to open | ||
and operate as many checkpoints, including floating checkpoints, | ||
along identified choke points with access to the interior of the | ||
United States as are needed to identify and apprehend illegal | ||
aliens. | ||
(h) It is the purpose of this compact and the commission | ||
created under this compact, through means of joint and cooperative | ||
action among the compacting states to: | ||
(1) provide operational control and border security | ||
for international United States borders and coastlines adjacent to | ||
compacting state borders; | ||
(2) provide internal immigration enforcement within | ||
the compacting states' borders; | ||
(3) provide support to other compacting states if | ||
illegal alien activity evolves into a specific threat to one or more | ||
compacting states; | ||
(4) equitably distribute the costs, benefits, and | ||
obligations of the compact among the compacting states; | ||
(5) ensure notification from the federal government at | ||
least 60 days before the date refugees are resettled in a compacting | ||
state, including access by a compacting state to vetting | ||
information, security screening, in-person interviews, and health | ||
assessments of refugees; | ||
(6) establish a compacting state's right to refuse a | ||
refugee offered by the federal government for resettlement in the | ||
state; | ||
(7) establish a refugee resettlement tracking program | ||
among compacting states that: | ||
(A) collects information on resettled refugees, | ||
including the refugees' country of origin, historical and family | ||
information, crime history, entry routes, fingerprints, and DNA | ||
samples; and | ||
(B) contains the information collected by | ||
screening processes before a refugee arrives in the compacting | ||
state at least 60 days before the refugee's arrival; | ||
(8) establish the compacting state's authority to | ||
revoke refugee status from a refugee: | ||
(A) who is convicted of a felony and, after the | ||
appropriate sentence is served, hold the former refugee for | ||
immediate return to the former refugee's country of origin; or | ||
(B) who does not seek naturalization as provided | ||
by Subdivision (12); | ||
(9) establish a comprehensive assimilation education | ||
program that tracks the assimilation of refugees in accordance with | ||
United States laws, history, and culture; | ||
(10) abolish the private agencies, operations, and | ||
authorities in the compacting states performing refugee | ||
resettlement functions and reapportion the federal contract funds | ||
provided to those entities to the compacting states assuming those | ||
functions; | ||
(11) establish standing for any legal action or brief | ||
submitted to a federal court demanding injunctive relief from | ||
federal executive orders that: | ||
(A) are not in the best interests of the | ||
compacting states; or | ||
(B) do not comply with Clause 4, Section 8, | ||
Article I, or Clause 2, Article VI, United States Constitution; and | ||
(12) establish a uniform time frame for revoking | ||
refugee status from a refugee in a compacting state who does not | ||
seek naturalization. | ||
(i) In addition, this compact is intended to create a | ||
commission that will establish uniform procedures to manage joint | ||
activities of the compacting states and the execution of support | ||
activities and resources between and among the compacting states, | ||
to establish a system of uniform tracking and data collection, to | ||
provide intelligence to other compacting states regarding illegal | ||
immigration activity within each state, to access information on | ||
active cases by authorized criminal justice officials, and to | ||
provide regular reporting to governors of the compacting states, | ||
state legislatures, and the Secretary of the United States | ||
Department of Homeland Security. | ||
(j) It is the policy of the compacting states that the | ||
activities of the commission are intended to foster public safety | ||
and formulate public policy. Therefore, the commission is subject | ||
to public sunshine laws in each compacting state. | ||
ARTICLE II. INTERSTATE BORDER SECURITY AND REFUGEE RESETTLEMENT | ||
COMMISSION | ||
(a) The compacting states hereby create the Interstate | ||
Border Security and Refugee Resettlement Commission. The | ||
commission is a body corporate and joint agency of the compacting | ||
states. The commission has all the responsibilities, powers, and | ||
duties set forth in this compact, including the authority to sue and | ||
be sued and additional powers as may be conferred on it by | ||
subsequent action of the respective legislatures of the compacting | ||
states in accordance with the terms of this compact. | ||
(b) The commission consists of commissioners selected and | ||
appointed by each compacting state with qualifications, terms, and | ||
conditions for removal determined by the appointing state. The | ||
commission's bylaws may provide for additional nonvoting members as | ||
it considers necessary. | ||
(c) Each compacting state represented at any meeting of the | ||
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 commission. | ||
(d) The commission shall meet at least once each calendar | ||
year. The chair may call additional meetings and, on the request of | ||
a majority of compacting states, shall call additional meetings. | ||
Public notice must be given of all meetings, and meetings are open | ||
to the public, except as provided in Article V of the compact. | ||
Public notice of meetings must include posting of meeting details | ||
on the commission's website and the websites of compacting states. | ||
(e) The commission shall establish and provide procedures | ||
for the appointment of an executive committee that includes | ||
commission officers, members, and others as determined by the | ||
bylaws. The procedures must address qualifications and terms for | ||
the executive committee. The executive committee has the power to | ||
act on behalf of the commission during periods when the 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. Commission staff | ||
administers enforcement and compliance with the compact and its | ||
bylaws and rules and performs other duties, as directed by the | ||
commission or set forth in the bylaws and rules. | ||
ARTICLE III. POWERS AND DUTIES OF THE INTERSTATE BORDER SECURITY | ||
AND REFUGEE RESETTLEMENT COMMISSION | ||
The commission has the following powers: | ||
(1) to adopt a seal and suitable bylaws governing the | ||
management and operation of the commission; | ||
(2) to adopt rules in compliance with the compacting | ||
states' laws that have the force and effect of statutory law and are | ||
binding in the compacting states to the extent and in the manner | ||
provided in this compact; | ||
(3) to enforce compliance with the compact and the | ||
rules and bylaws of the commission, using all necessary and proper | ||
means, including the use of judicial process; | ||
(4) to establish and maintain offices; | ||
(5) to purchase and maintain insurance and bonds; | ||
(6) to borrow, accept, or contract for the services of | ||
personnel, including members and their staffs; | ||
(7) to establish and appoint committees and hire staff | ||
that it considers necessary to carry out its functions, including | ||
an executive committee as required by Article II of the compact; | ||
(8) 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 commission's personnel policies and programs, | ||
including policies and programs relating to conflicts of interest, | ||
rates of compensation, and qualifications of personnel; | ||
(9) to accept, receive, use, and dispose of donations | ||
and grants of money, equipment, supplies, materials, and services; | ||
(10) to lease, purchase, or accept contributions or | ||
donations of any property, or otherwise own, hold, improve, or use | ||
any property, whether real, personal, or mixed; | ||
(11) to sell, convey, mortgage, pledge, lease, | ||
exchange, abandon, or otherwise dispose of any property, whether | ||
real, personal, or mixed; | ||
(12) to establish a budget and make expenditures and | ||
impose assessments as provided in Article VIII of the compact; | ||
(13) to sue and be sued; | ||
(14) to provide for dispute resolution among | ||
compacting states; | ||
(15) to perform any function necessary or appropriate | ||
to achieve the purposes of this compact; | ||
(16) to report annually to the compacting states' | ||
governors and legislatures and the Secretary of the United States | ||
Department of Homeland Security concerning the activities of the | ||
commission during the preceding year, including any | ||
recommendations that may have been adopted by the commission; | ||
(17) to coordinate education, training, and public | ||
awareness regarding border security and immigration enforcement | ||
for officials involved in that activity; and | ||
(18) to establish uniform standards for the reporting, | ||
collecting, and exchanging of data. | ||
ARTICLE IV. ORGANIZATION AND OPERATION OF THE COMMISSION | ||
(a) The commission shall, by a majority of its members, not | ||
later than a year after the first commission meeting, adopt bylaws | ||
to govern its conduct as may be necessary or appropriate to carry | ||
out the purposes of the compact, including: | ||
(1) establishing the fiscal year of the commission; | ||
(2) establishing an executive committee and other | ||
committees as may be necessary; | ||
(3) providing reasonable standards and procedures: | ||
(A) for the establishment of committees; and | ||
(B) governing any general or specific delegation | ||
of any authority or function of the commission; | ||
(4) providing reasonable procedures for calling and | ||
conducting meetings of the commission and ensuring reasonable | ||
notice of each meeting; | ||
(5) establishing the titles and responsibilities of | ||
the officers of the commission; | ||
(6) providing reasonable standards and procedures for | ||
the establishment of the personnel policies and programs of the | ||
commission, notwithstanding any civil service laws or other similar | ||
laws of any compacting state; | ||
(7) providing a mechanism for decommissioning the | ||
operations of the commission and the equitable return of any | ||
surplus funds that may exist on the termination of the compact, | ||
after the payment or reserve of funds needed to retire all of the | ||
commission's debts and obligations; | ||
(8) providing transition rules for establishing the | ||
administration of the compact; and | ||
(9) establishing standards and procedures for | ||
compliance and technical assistance in carrying out the compact. | ||
(b) The commission shall, by a majority of the members, | ||
elect from among its members a chair and a vice chair, each of whom | ||
shall have the authorities and duties as may be specified in the | ||
bylaws. The chair, or in the chair's absence or disability, the | ||
vice chair, shall preside at all meetings of the commission. The | ||
officers shall serve without compensation or remuneration from the | ||
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 commission. | ||
(c) The commission shall, through its executive committee, | ||
appoint or retain an executive director for the period, on the | ||
terms, and for the compensation the commission considers | ||
appropriate. The executive director shall serve as secretary to | ||
the commission and shall hire and supervise other staff as may be | ||
authorized by the commission, but may not be a member of the | ||
commission. | ||
(d) The commission shall maintain its corporate books and | ||
records in accordance with the bylaws. | ||
(e) The commission shall defend the commissioner of a | ||
compacting state, the commissioner's representatives or employees, | ||
or the 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 | ||
commission employment, duties, or responsibilities, or that the | ||
defendant had a reasonable basis for believing occurred within the | ||
scope of 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 the person. | ||
(f) The commission shall indemnify and hold the | ||
commissioner of a compacting state, the appointed representatives | ||
or employees, or the commission's representatives or employees | ||
harmless in the amount of any settlement or judgment obtained | ||
against those persons arising out of any actual or alleged act, | ||
error, or omission that occurred within the scope of commission | ||
employment, duties, or responsibilities, or that those persons had | ||
a reasonable basis for believing occurred within the scope of | ||
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 those persons. | ||
ARTICLE V. COMMISSION ACTIVITIES | ||
(a) The commission shall meet and take 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 commission, the act must have been taken at | ||
a meeting of the commission and must have received an affirmative | ||
vote of a majority of the members present. | ||
(c) Each member of the commission shall have the authority | ||
and power to cast a vote to which that compacting state is entitled | ||
and to participate in the business and affairs of the commission. A | ||
member shall vote in person on behalf of the compacting state and | ||
may 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 and to the same requirements of open | ||
meetings as determined by Subsection (e). | ||
(d) The commission's bylaws shall establish conditions and | ||
procedures under which the commission shall make its information | ||
and official records available to the public for inspection or | ||
copying. The 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 adopting those rules, the 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. | ||
(e) The commission shall adopt rules consistent with the | ||
principles contained in the Government in the Sunshine Act (5 | ||
U.S.C. Section 552b). The commission and any of its committees may | ||
close a meeting to the public when the commission determines by | ||
two-thirds vote that an open meeting would be likely to: | ||
(1) relate solely to the 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 the | ||
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 commission with respect to a | ||
regulated entity for the purpose of regulation or supervision of | ||
the entity; | ||
(8) disclose information when the premature | ||
disclosure would significantly endanger the life of a person or the | ||
stability of a regulated entity; or | ||
(9) specifically relate to the commission's issuance | ||
of a subpoena or its participation in a civil action or proceeding. | ||
(f) For every meeting closed under Subsection (e), the | ||
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 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 for the action, including a description of each of the views | ||
expressed on any item and the record of any roll call vote. All | ||
documents considered in connection with any action shall be | ||
identified in the minutes. | ||
(g) The commission shall collect standardized data | ||
concerning the interstate movement and activity of illegal aliens | ||
within the compacting states as directed through its bylaws and | ||
rules, which specify the data to be collected, the means of | ||
collection, data exchange, and reporting requirements. | ||
ARTICLE VI. RULEMAKING FUNCTIONS OF COMMISSION | ||
(a) The commission shall adopt rules: | ||
(1) 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; and | ||
(2) under criteria set forth in this article and the | ||
bylaws and rules adopted under this article. | ||
(b) Rulemaking must substantially conform to the principles | ||
of the federal Administrative Procedure Act (5 U.S.C. Section 551 | ||
et seq.) and the Federal Advisory Committee Act (5 U.S.C. Appendix, | ||
Section 1 et seq.). All rules and amendments shall become binding | ||
as of the date specified in the 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, the rule has no further | ||
force and effect in any compacting state. | ||
(c-1) If a compacting state rejects a rule by enacting a | ||
statute or resolution, the rule has no further force and effect in | ||
that compacting state. | ||
(d) When adopting a rule, the 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 that will be publicly available; | ||
(3) provide an opportunity for an informal hearing; | ||
and | ||
(4) adopt a final rule and its effective date, if | ||
appropriate, based on the rulemaking record. | ||
(e) Not later than the 60th day after the date a rule is | ||
adopted, an 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 commission's principal office is located | ||
for judicial review of the rule. If the court finds that the | ||
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. Section 551 et seq.) and the | ||
Federal Advisory Committee Act (5 U.S.C. Appendix, Section 1 et | ||
seq.). | ||
(f) On determination by the commission that an emergency | ||
exists, the commission may adopt an emergency rule that is | ||
effective immediately on adoption, provided that the usual | ||
rulemaking procedures provided in this article shall be | ||
retroactively applied to said rule as soon as reasonably possible, | ||
but not later than the 90th day after the effective date of the | ||
rule. | ||
ARTICLE VII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION | ||
BY THE COMMISSION | ||
(a) The commission shall oversee the interstate movement of | ||
illegal aliens in compacting states and the resettlement of | ||
refugees in compacting states and shall monitor those activities | ||
being administered in non-compacting states that may significantly | ||
affect compacting states. | ||
(b) The courts and executive agencies in each compacting | ||
state shall enforce this compact and shall take all action | ||
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 | ||
commission, the commission is entitled to receive all service of | ||
process in any of those proceedings and has standing to intervene in | ||
those proceedings for all purposes. | ||
(c) The compacting states shall report to the commission on | ||
issues or activities of concern to them and cooperate with and | ||
support the commission in the discharge of its duties and | ||
responsibilities. | ||
(d) The commission shall attempt to resolve any disputes or | ||
other issues that are subject to the compact and that may arise | ||
among compacting states and non-compacting states. The commission | ||
shall enact a bylaw or adopt a rule providing for both mediation and | ||
binding dispute resolution for disputes among the compacting | ||
states. | ||
(e) The commission, in the reasonable exercise of its | ||
discretion, shall enforce the provisions of this compact using the | ||
means set forth in Subsections (e), (f), (g), (h), (i), and (j) of | ||
Article X of the compact. | ||
ARTICLE VIII. FINANCE | ||
(a) The commission shall pay or provide for the payment of | ||
the reasonable expenses of its establishment, organization, and | ||
ongoing activities. | ||
(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, | ||
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 | ||
aliens in the state, the magnitude of illegal alien smuggling and | ||
criminal activity, the miles of international border in each | ||
compacting state, and the number of refugees resettled in the | ||
state. The commission shall adopt a rule that governs the | ||
assessment and is binding on all compacting states. | ||
(c) The commission may not incur any obligation of any kind | ||
before securing the funds adequate to meet the same, and the | ||
commission may not pledge the credit of a compacting state, except | ||
by and with the authority of the compacting state. | ||
(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. 794.003. 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. 794.004. 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, 2023. |