CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Interstate Commission for Juveniles.
(2) "Compact" means the Interstate Compact for Juveniles.
(3) "Compact administrator" has the meaning assigned by Article
II of the compact.
Amended by:
Acts 2005, 79th Leg., Ch.
1007, Sec. 2.01.
Sec. 60.005. JUVENILE COMPACT ADMINISTRATOR. Under the compact,
the governor may designate an officer as the compact
administrator. The administrator, acting jointly with like
officers of other party states, shall adopt regulations to carry
out more effectively the terms of the compact. The compact
administrator serves at the pleasure of the governor. The compact
administrator shall cooperate with all departments, agencies, and
officers of and in the government of this state and its
subdivisions in facilitating the proper administration of the
compact or of a supplementary agreement entered into by this
state.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 60.006. SUPPLEMENTARY AGREEMENTS. A compact administrator
may make supplementary agreements with appropriate officials of
other states pursuant to the compact. If a supplementary
agreement requires or contemplates the use of an institution or
facility of this state or requires or contemplates the provision
of a service of this state, the supplementary agreement has no
force or effect until approved by the head of the department or
agency under whose jurisdiction the institution is operated, or
whose department or agency is charged with performing the
service.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 60.007. FINANCIAL ARRANGEMENTS. The compact administrator
may make or arrange for the payments necessary to discharge the
financial obligations imposed upon this state by the compact or
by a supplementary agreement made under the compact, subject to
legislative appropriations.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 60.008. ENFORCEMENT. The courts, departments, agencies,
and officers of this state and its subdivisions shall enforce
this compact and shall do all things appropriate to effectuate
its purposes and intent which are within their respective
jurisdictions.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1,
1996.
Sec. 60.009. ADDITIONAL PROCEDURES NOT PRECLUDED. In addition
to any procedures developed under the compact for the return of a
runaway juvenile, the particular states, the juvenile, or his
parents, the courts, or other legal custodian involved may agree
upon and adopt any plan or procedure legally authorized under the
laws of this state and the other respective party states for the
return of the runaway juvenile.
Amended by:
Acts 2005, 79th Leg., Ch.
1007, Sec. 2.01.
Sec. 60.010. INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that
each state is responsible for the proper supervision or return of
juveniles, delinquents, and status offenders who are on probation
or parole and who have absconded, escaped, or run away from
supervision and control and in so doing have endangered their own
safety and the safety of others. The compacting states also
recognize that each state is responsible for the safe return of
juveniles who have run away from home and in doing so have left
their state of residence. The compacting states also recognize
that congress, by enacting the Crime Control Act, 4 U.S.C.
Section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of
crime.
It is the purpose of this compact, through means of joint and
cooperative action among the compacting states to: (A) ensure
that the juveniles who are moved under this compact to another
state for probation or parole supervision and services are
governed in the receiving state by the same standards that apply
to juveniles receiving such supervision and services in the
receiving state; (B) ensure that the public safety interests of
the citizens, including the victims of juvenile offenders, in
both the sending and receiving states are adequately protected
and balanced with the juvenile's and the juvenile's family's best
interests and welfare when an interstate movement is under
consideration; (C) return juveniles who have run away, absconded,
or escaped from supervision or control or have been accused of an
offense to the state requesting their return through a fair and
prompt judicial review process that ensures that the requisition
is in order and that the transport is properly supervised; (D)
make provisions for contracts between member states for the
cooperative institutionalization in public facilities in member
states for delinquent youth needing special services; (E) provide
for the effective tracking of juveniles who move interstate under
the compact's provisions; (F) equitably allocate the costs,
benefits, and obligations of the compacting states; (G) establish
procedures to manage the movement between states of juvenile
offenders released to the community under the jurisdiction of
courts, juvenile departments, or any other criminal or juvenile
justice agency which has jurisdiction over juvenile offenders,
ensuring that a receiving state accepts supervision of a juvenile
when the juvenile's parent or other person having legal custody
resides or is undertaking residence there; (H) ensure immediate
notice to jurisdictions where defined offenders are authorized to
travel or to relocate across state lines; (I) establish a system
of uniform data collection on information pertaining to juveniles
who move interstate under this compact that prevents public
disclosure of identity and individual treatment information but
allows access by authorized juvenile justice and criminal justice
officials and regular reporting of compact activities to heads of
state executive, judicial, and legislative branches and juvenile
and criminal justice administrators; (J) monitor compliance with
rules governing interstate movement of juveniles and initiate
interventions to address and correct noncompliance; (K)
coordinate training and education regarding the regulation of
interstate movement of juveniles for officials involved in such
activity; and (L) coordinate the implementation and operation of
the compact with the Interstate Compact for the Placement of
Children, the Interstate Compact for Adult Offender Supervision
and other compacts affecting juveniles particularly in those
cases where concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities
conducted by the Interstate Commission created herein are the
formation of public policies and therefore are public business.
Furthermore, the compacting states shall cooperate and observe
their individual and collective duties and responsibilities for
the prompt return and acceptance of juveniles subject to the
provisions of this compact. The provisions of this compact shall
be reasonably and liberally construed to accomplish the purposes
and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Bylaws" means those bylaws established by the Interstate
Commission for its governance or for directing or controlling the
Interstate Commission's actions or conduct.
B. "Compact administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of
this compact and to the rules adopted by the Interstate
Commission under this compact.
C. "Compacting state" means any state which has enacted the
enabling legislation for this compact.
D. "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this
compact.
E. "Court" means any court having jurisdiction over delinquent,
neglected, or dependent children.
F. "Deputy compact administrator" means the individual, if any,
in each compacting state appointed to act on behalf of a compact
administrator pursuant to the terms of this compact, responsible
for the administration and management of the state's supervision
and transfer of juveniles subject to the terms of this compact
and to the rules adopted by the Interstate Commission under this
compact.
G. "Interstate Commission" means the Interstate Commission for
Juveniles created by Article III of this compact.
H. "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the Interstate Commission,
including:
(1) Accused Delinquent - a person charged with an offense that,
if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent - a person found to have committed an
offense that, if committed by an adult, would be a criminal
offense;
(3) Accused Status Offender - a person charged with an offense
that would not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender - a person found to have
committed an offense that would not be a criminal offense if
committed by an adult; and
(5) Nonoffender - a person in need of supervision who has not
been accused or adjudicated a status offender or delinquent.
I. "Noncompacting state" means any state which has not enacted
the enabling legislation for this compact.
J. "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
K. "Rule" means a written statement by the Interstate Commission
promulgated pursuant to Article VI of this compact that is of
general applicability, implements, interprets, or prescribes a
policy or provision of the compact, or an organizational,
procedural, or practice requirement of the Interstate Commission,
and has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an
existing rule.
L. "State" means a state of the United States, the District of
Columbia (or its designee), the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the Interstate Commission
for Juveniles. The Interstate Commission shall be a body
corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and
duties set forth herein, and such additional powers as may be
conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the
terms of this compact.
B. The Interstate Commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state.
The commissioner shall be the compact administrator, deputy
compact administrator, or designee from that state who shall
serve on the Interstate Commission in such capacity under or
pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting
representatives of each state, the Interstate Commission shall
include individuals who are not commissioners, but who are
members of interested organizations. Such noncommissioner
members must include a member of the national organizations of
governors, legislators, state chief justices, attorneys general,
Interstate Compact for Adult Offender Supervision, Interstate
Compact for the Placement of Children, juvenile justice and
juvenile corrections officials, and crime victims. All
noncommissioner members of the Interstate Commission shall be ex
officio (nonvoting) members. The Interstate Commission may
provide in its bylaws for such additional ex officio (nonvoting)
members, including members of other national organizations, in
such numbers as shall be determined by the commission.
D. Each compacting state represented at any meeting of the
Interstate Commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of
the Interstate Commission.
E. The Interstate Commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of
all meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the bylaws. The executive committee
shall have the power to act on behalf of the Interstate
Commission during periods when the Interstate Commission is not
in session, with the exception of rulemaking or amendment to the
compact. The executive committee shall oversee the day-to-day
activities of the administration of the compact managed by an
executive director and Interstate Commission staff; administers
enforcement and compliance with the provisions of the compact,
its bylaws and rules, and performs such other duties as directed
by the Interstate Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right
and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
Interstate Commission. A member shall vote in person and shall
not delegate a vote to another compacting state. However, a
commissioner shall appoint another authorized representative, in
the absence of the commissioner from that state, to cast a vote
on behalf of the compacting state at a specified meeting. The
bylaws may provide for members' participation in meetings by
telephone or other means of telecommunication or electronic
communication.
H. The Interstate Commission's bylaws shall establish conditions
and procedures under which the Interstate Commission shall make
its information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests.
I. Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the rules or
as otherwise provided in the compact. The Interstate Commission
and any of its committees may close a meeting to the public when
it determines by two-thirds vote that an open meeting would be
likely to:
1. Relate solely to the Interstate Commission's internal
personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by
statute;
3. Disclose trade secrets or commercial or financial information
which is privileged or confidential;
4. Involve accusing any person of a crime or formally censuring
any person;
5. Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
privacy;
6. Disclose investigative records compiled for law enforcement
purposes;
7. Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or
for the use of, the Interstate Commission with respect to a
regulated person or entity for the purpose of regulation or
supervision of such person or entity;
8. Disclose information, the premature disclosure of which would
significantly endanger the stability of a regulated person or
entity; or
9. Specifically relate to the Interstate Commission's issuance
of a subpoena, or its participation in a civil action or other
legal proceeding.
J. For every meeting closed pursuant to this provision, the
Interstate Commission's legal counsel shall publicly certify
that, in the legal counsel's opinion, the meeting may be closed
to the public, and shall reference each relevant exemptive
provision. The Interstate Commission shall keep minutes which
shall fully and clearly describe all matters discussed in any
meeting and shall provide a full and accurate summary of any
actions taken, and the reasons therefore, including a description
of each of the views expressed on any item and the record of any
roll call vote (reflected in the vote of each member on the
question). All documents considered in connection with any
action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data
concerning the interstate movement of juveniles as directed
through its rules which shall specify the data to be collected,
the means of collection and data exchange, and reporting
requirements. Such methods of data collection, exchange, and
reporting shall insofar as is reasonably possible conform to
up-to-date technology and coordinate the Interstate Commission's
information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to effect the purposes and obligations as
enumerated in this compact, which shall have the force and effect
of statutory law and shall be binding in the compacting states to
the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement
of juveniles subject to the terms of this compact and any bylaws
adopted and rules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission, and the bylaws, using
all necessary and proper means, including but not limited to the
use of judicial process.
5. To establish and maintain offices which shall be located
within one or more of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of
personnel.
8. To establish and appoint committees and hire staff which it
deems necessary for the carrying out of its functions including,
but not limited to, an executive committee as required by Article
III of this compact, which shall have the power to act on behalf
of the Interstate Commission in carrying out its powers and
duties hereunder.
9. To elect or appoint officers, attorneys, employees, agents,
or consultants, and to fix their compensation, define their
duties, and determine their qualifications, and to establish the
Interstate Commission's personnel policies and programs relating
to, inter alia, conflicts of interest, rates of compensation, and
qualifications of personnel.
10. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of same.
11. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use any property, whether
real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, whether real, personal, or
mixed.
13. To establish a budget and make expenditures and levy dues as
provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and
operation of the Interstate Commission.
16. To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact.
17. To report annually to the legislatures, governors, and
judiciary of the compacting states concerning the activities of
the Interstate Commission during the preceding year. Such
reports shall also include any recommendations that may have been
adopted by the Interstate Commission.
18. To coordinate education, training, and public awareness
regarding the interstate movement of juveniles for officials
involved in such activity.
19. To establish uniform standards of the reporting, collecting,
and exchanging of data.
20. The Interstate Commission shall maintain its corporate books
and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Sec. A. Bylaws
1. The Interstate Commission shall, by a majority of the members
present and voting, within 12 months of the first Interstate
Commission meeting, adopt bylaws to govern its conduct as may be
necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees
as may be necessary;
c. Providing for the establishment of committees governing any
general or specific delegation of any authority or function of
the Interstate Commission;
d. Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission and ensuring reasonable
notice of each such meeting;
e. Establishing the titles and responsibilities of the officers
of the Interstate Commission;
f. Providing a mechanism for concluding the operations of the
Interstate Commission and the return of any surplus funds that
may exist upon the termination of the compact after the payment
or reserving of all of its debts and obligations;
g. Providing start-up rules for initial administration of the
compact; and
h. Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
Sec. B. Officers and Staff
1. The Interstate Commission shall, by a majority of the
members, elect annually from among its members a chairperson and
a vice chairperson, each of whom shall have such authority and
duties as may be specified in the bylaws. The chairperson or, in
the chairperson's absence or disability, the vice chairperson
shall preside at all meetings of the Interstate Commission. The
officers so elected shall serve without compensation or
remuneration from the Interstate Commission, provided that,
subject to the availability of budgeted funds, the officers shall
be reimbursed for any ordinary and necessary costs and expenses
incurred by them in the performance of their duties and
responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for such
period, upon such terms and conditions, and for such compensation
as the Interstate Commission may deem appropriate. The executive
director shall serve as secretary to the Interstate Commission,
but shall not be a member and shall hire and supervise such other
staff as may be authorized by the Interstate Commission.
Sec. C. Qualified Immunity, Defense, and Indemnification
1. The Interstate Commission's executive director and employees
shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused or
arising out of or relating to any actual or alleged act, error,
or omission that occurred, or that such person had a reasonable
basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities, provided that
any such person shall not be protected from suit or liability for
any damage, loss, injury, or liability caused by the intentional
or wilful and wanton misconduct of any such person.
2. The liability of any commissioner, or the employee or agent
of a commissioner, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability
set forth under the constitution and laws of that state for state
officials, employees, and agents. Nothing in this subsection
shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by
the intentional or wilful and wanton misconduct of any such
person.
3. The Interstate Commission shall defend the executive director
or the employees or representatives of the Interstate Commission
and, subject to the approval of the attorney general of the state
represented by any commissioner of a compacting state, shall
defend such commissioner or the commissioner's representatives or
employees in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment,
duties, or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did
not result from intentional or wilful and wanton misconduct on
the part of such person.
4. The Interstate Commission shall indemnify and hold the
commissioner of a compacting state, or the commissioner's
representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any
settlement or judgment obtained against such persons arising out
of any actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from
intentional or wilful and wanton misconduct on the part of such
persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules
in order to effectively and efficiently achieve the purposes of
the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in
this article and the bylaws and rules adopted pursuant thereto.
Such rulemaking shall substantially conform to the principles of
the "Model State Administrative Procedures Act," 1981 Act,
Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other
administrative procedures act, as the Interstate Commission deems
appropriate consistent with due process requirements under the
United States Constitution as now or hereafter interpreted by the
United States Supreme Court. All rules and amendments shall
become binding as of the date specified, as published with the
final version of the rule as approved by the Interstate
Commission.
C. When promulgating a rule, the Interstate Commission shall, at
a minimum:
1. Publish the proposed rule's entire text stating the reason or
reasons for that proposed rule;
2. Allow and invite persons to submit written data, facts,
opinions, and arguments, which information shall be added to the
record and be made publicly available;
3. Provide an opportunity for an informal hearing, if petitioned
by 10 or more persons; and
4. Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
D. Allow, not later than 60 days after a rule is promulgated,
any interested person to file a petition in the United States
District Court for the District of Columbia or in the federal
district court where the Interstate Commission's principal office
is located for judicial review of the rule. If the court finds
that the Interstate Commission's action is not supported by
substantial evidence in the rulemaking record, the court shall
hold the rule unlawful and set it aside. For purposes of this
subsection, evidence is substantial if it would be considered
substantial evidence under the Model State Administrative
Procedures Act.
E. If a majority of the legislatures of the compacting states
rejects a rule, those states may, by enactment of a statute or
resolution in the same manner used to adopt the compact, cause
that such rule shall have no further force and effect in any
compacting state.
F. The existing rules governing the operation of the Interstate
Compact on Juveniles superceded by this Act shall be null and
void 12 months after the first meeting of the Interstate
Commission created under this compact.
G. Upon determination by the Interstate Commission that an
emergency exists, the Interstate Commission may promulgate an
emergency rule which shall become effective immediately upon
adoption, provided that the usual rulemaking procedures provided
hereunder shall be retroactively applied to said rule as soon as
reasonably possible, but no later than 90 days after the
effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Sec. A. Oversight
1. The Interstate Commission shall oversee the administration
and operations of the interstate movement of juveniles subject to
this compact in the compacting states and shall monitor such
activities being administered in noncompacting states which may
significantly affect compacting states.
2. The courts and executive agencies in each compacting state
shall enforce this compact and shall take all actions necessary
and appropriate to effectuate the compact's purposes and intent.
The provisions of this compact and the rules promulgated
hereunder shall be received by all the judges, public officers,
commissions, and departments of the state government as evidence
of the authorized statute and administrative rules. All courts
shall take judicial notice of the compact and the rules. In any
judicial or administrative proceeding in a compacting state
pertaining to the subject matter of this compact which may affect
the powers, responsibilities, or actions of the Interstate
Commission, the Interstate Commission shall be entitled to
receive all service of process in any such proceeding, and shall
have standing to intervene in the proceeding for all purposes.
Sec. B. Dispute Resolution
1. The compacting states shall report to the Interstate
Commission on all issues and activities necessary for the
administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and
its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of
a compacting state, to resolve any disputes or other issues which
are subject to the compact and which may arise among compacting
states and between compacting and noncompacting states. The
Interstate Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes among the
compacting states.
3. The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article X of this
compact.
ARTICLE VIII
FINANCE
A. The Interstate Commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the
internal operations and activities of the Interstate Commission
and its staff which must be in a total amount sufficient to cover
the Interstate Commission's annual budget as approved each year.
The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the Interstate Commission,
taking into consideration the population of each compacting state
and the volume of interstate movement of juveniles in each
compacting state. The Interstate Commission shall promulgate a
rule binding upon all compacting states that governs said
assessment.
C. The Interstate Commission shall not incur any obligations of
any kind prior to securing the funds adequate to meet the same,
nor shall the Interstate Commission pledge the credit of any of
the compacting states, except by and with the authority of the
compacting state.
D. The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the Interstate
Commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included
in and become part of the annual report of the Interstate
Commission.
ARTICLE IX
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state, as defined in Article II of this compact, is
eligible to become a compacting state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than 35
of the states. The initial effective date shall be the later of
July 1, 2004, or upon enactment into law by the 35th
jurisdiction. Thereafter, the compact shall become effective and
binding, as to any other compacting state, upon enactment of the
compact into law by that state. The governors of noncompacting
states or their designees shall be invited to participate in
Interstate Commission activities on a nonvoting basis prior to
adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the
compact for enactment by the compacting states. No amendment
shall become effective and binding upon the Interstate Commission
and the compacting states unless and until it is enacted into law
by unanimous consent of the compacting states.
ARTICLE X
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Sec. A. Withdrawal
1. Once effective, the compact shall continue in force and
remain binding upon each and every compacting state, provided
that a compacting state may withdraw from the compact by
specifically repealing the statute which enacted the compact into
law.
2. The effective date of withdrawal is the effective date of the
repeal.
3. The withdrawing state shall immediately notify the
chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the
other compacting states of the withdrawing state's intent to
withdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date
of withdrawal, including any obligations, the performance of
which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the Interstate Commission.
Sec. B. Technical Assistance, Fines, Suspension, Termination,
and Default
1. If the Interstate Commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under this compact, or the bylaws
or duly promulgated rules, the Interstate Commission may impose
any or all of the following penalties:
a. Remedial training and technical assistance as directed by the
Interstate Commission;
b. Alternative dispute resolution;
c. Fines, fees, and costs in such amounts as are deemed to be
reasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, which
shall be imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been
exhausted and the Interstate Commission has determined that the
offending state is in default. Immediate notice of suspension
shall be given by the Interstate Commission to the governor, the
chief justice or the chief judicial officer of the state, and the
majority and minority leaders of the defaulting state's
legislature. The grounds for default include, but are not limited
to, failure of a compacting state to perform such obligations or
responsibilities imposed upon it by this compact, the bylaws or
duly promulgated rules, and any other grounds designated in
commission bylaws and rules. The Interstate Commission shall
immediately notify the defaulting state in writing of the penalty
imposed by the Interstate Commission and of the default pending a
cure of the default. The Interstate Commission shall stipulate
the conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to
cure the default within the time period specified by the
Interstate Commission, the defaulting state shall be terminated
from the compact upon an affirmative vote of a majority of the
compacting states and all rights, privileges, and benefits
conferred by this compact shall be terminated from the effective
date of termination.
2. Within 60 days of the effective date of termination of a
defaulting state, the Interstate Commission shall notify the
governor, the chief justice or chief judicial officer of the
state, and the majority and minority leaders of the defaulting
state's legislature of such termination.
3. The defaulting state is responsible for all assessments,
obligations, and liabilities incurred through the effective date
of termination including any obligations, the performance of
which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating
to the defaulting state unless otherwise mutually agreed upon in
writing between the Interstate Commission and the defaulting
state.
5. Reinstatement following termination of any compacting state
requires both a reenactment of the compact by the defaulting
state and the approval of the Interstate Commission pursuant to
the rules.
Sec. C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members,
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate
Commission has its offices, to enforce compliance with the
provisions of the compact, its duly promulgated rules and bylaws,
against any compacting state in default. In the event judicial
enforcement is necessary the prevailing party shall be awarded
all costs of such litigation including reasonable attorney's
fees.
Sec. D. Dissolution of Compact
1. The compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the Interstate Commission shall be
concluded and any surplus funds shall be distributed in
accordance with the bylaws.
ARTICLE XI
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any
phrase, clause, sentence, or provision is deemed unenforceable,
the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed
to effectuate its purposes.
ARTICLE XII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Sec. A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a
compacting state that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions
and other interstate compacts conflicting with this compact are
superseded to the extent of the conflict.
Sec. B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including
all rules and bylaws promulgated by the Interstate Commission,
are binding upon the compacting states.
2. All agreements between the Interstate Commission and the
compacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a
majority vote of the compacting states, the Interstate Commission
may issue advisory opinions regarding such meaning or
interpretation.
4. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any
compacting state, the obligations, duties, powers, or
jurisdiction sought to be conferred by such provision upon the
Interstate Commission shall be ineffective and such obligations,
duties, powers, or jurisdiction shall remain in the compacting
state and shall be exercised by the agency thereof to which such
obligations, duties, powers, or jurisdiction are delegated by law
in effect at the time this compact becomes effective.
Added by Acts 2005, 79th Leg., Ch.
1007, Sec. 1.01, eff. September 1, 2005.
Sec. 60.011. EFFECT OF TEXAS LAWS. If the laws of this state
conflict with the compact, the compact controls, except that in
the event of a conflict between the compact and the Texas
Constitution, as determined by the courts of this state, the
Texas Constitution controls.
Added by Acts 2005, 79th Leg., Ch.
1007, Sec. 2.02.
Sec. 60.012. LIABILITIES FOR CERTAIN COMMISSION AGENTS. The
compact administrator and each member, officer, executive
director, employee, or agent of the commission acting within the
scope of the person's employment or duties is, for the purpose of
acts or omissions occurring within this state, entitled to the
same protections under Chapter 104, Civil Practice and Remedies
Code, as an employee, a member of the governing board, or any
other officer of a state agency, institution, or department.
Added by Acts 2005, 79th Leg., Ch.
1007, Sec. 2.02.