CHAPTER 142. NATURAL ENERGY AND WATER RESOURCES COMPACT
NATURAL RESOURCES CODE
TITLE 5. GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES
CHAPTER 142. NATURAL ENERGY AND WATER RESOURCES COMPACT
Sec. 142.001. RATIFICATION. The compact set out in Section
142.005 of this code is ratified by this state.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff.
June 13, 1979.
Sec. 142.002. APPOINTMENT OF COMMISSIONERS. When the compact
takes effect as provided in Article I, the governor, the
lieutenant governor, and the speaker of the house of
representatives shall each appoint a commissioner.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff.
June 13, 1979.
Sec. 142.003. TERMS AND OATH OF COMMISSIONERS. (a) Each
commissioner serves a term of two years and until his successor
is appointed and has qualified.
(b) Each commissioner shall take the constitutional oath of
office and shall also take an oath to faithfully perform his
duties as commissioner.
(c) If a vacancy occurs in the office of commissioner, the
original appointing officer shall appoint a successor to serve
for the unexpired portion of the term.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff.
June 13, 1979.
Sec. 142.004. COMPENSATION. Each commissioner is entitled to
compensation and reimbursement for expenses as provided by
legislative appropriation.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff.
June 13, 1979.
Sec. 142.005. TEXT OF COMPACT. The compact reads as follows:
Article I. The states of Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas are eligible to ratify this compact. When
three of those states have ratified it, the compact takes effect
as to those three states. It takes effect as to others of them
when they ratify it.
Article II. (a) The purposes of this compact are to:
(1) provide for the conservation and wise utilization of natural
energy and water resources by party states;
(2) establish the relative importance of different types of
natural energy and water resources being used;
(3) promote comity among the party states and remove causes of
present and future controversies;
(4) foster the expeditious development of agriculture and
industry in the party states; and
(5) give priority to the exchange of natural energy and water
resources among the party states.
(b) To accomplish the purposes of this compact, the party states
pledge their mutual cooperation and their intention to develop
and execute appropriate programs.
Article III. (a) This compact applies within each party state to
individuals, associations, corporations, and governmental and
private entities claiming any right to the use of the natural
energy or water resources in a party state, except as otherwise
provided in this compact.
(b) Each party state agrees that within a reasonable time it may
enact laws designed to promote a free flow of natural energy and
water resources among all party states. These laws will not apply
to states that are not parties to this compact.
Article IV. (a) An administrative agency known as the Interstate
Natural Energy and Water Resources Commission is created. Each
party state shall appoint, in accordance with its laws, three
members of the commission. Members of the commission are known as
commissioners.
(b) The commission shall conduct studies and make
recommendations to the party states regarding the conservation
and wise utilization of natural energy and water resources by
those states. It shall recommend to the party states methods of
coordinating the exercise of state power to promote maximum
conservation and utilization of natural energy and water
resources.
(c) The commission may meet as often as it considers necessary,
but it must meet at least once each year. At least once each year
the commission shall report its findings and recommendations to
the governor and legislature of each party state.
(d) The commission shall organize and adopt rules and bylaws for
conducting its business. It shall adopt a seal. The commission
may not act on any matter except by an affirmative vote of a
majority of all commissioners serving on the commission.
(e) The commission shall elect annually from among its members a
chairman, vice-chairman, and treasurer. It shall appoint a
director who serves at its pleasure. The director is also
secretary of the commission. The director and treasurer shall be
bonded in an amount and in a manner determined by the commission.
The director is responsible for the appointment and discharge of
personnel. He shall establish personnel policies, retirement
programs, and employee benefit programs, subject to the approval
of the commission.
(f) The commission shall establish and maintain such facilities
as it considers necessary for transacting its business.
(g) For the purposes of this compact, the commission may accept
and use gifts or grants of money, equipment, or supplies from any
public or private legal entity and may accept and use the
services of personnel made available to it by any public or
private legal entity.
Article V. (a) Nothing in this compact shall be construed as:
(1) affecting the jurisdiction of any interstate agency in which
a party state participates;
(2) affecting the provisions of any interstate compact to which
a member state is a party, or any obligation of a member state
under such a compact;
(3) discouraging additional interstate compacts in which one or
more parties to this compact may be a party;
(4) discouraging the coordination of activities regarding a
specific natural resource or any aspect of natural resource
management;
(5) discouraging the establishment of intergovernmental planning
agencies within the area of the states that are party to this
compact; or
(6) limiting the jurisdiction or activities of any participating
government or any agency or officer of a participating government
except as expressly provided in this compact.
Article VI. The commission shall submit to the governor and
legislature of each party state a budget of its estimated
expenditures for a period of time as is appropriate, based on the
laws of that state. Each budget of estimated expenditures shall
contain specific recommendations as to the apportionment of costs
among the party states.
Article VII. Any party state may, by legislative act and one
year's notice, withdraw from this compact.
Article VIII. The provisions of this compact are severable. If
any provision or application of it is held invalid, that does not
affect the validity of any other provision or application. The
provisions of this compact shall be construed liberally to
accomplish its purposes.
Article IX. This compact does not seek to affect political
balance within the federal system and shall not be construed as
requiring the consent of congress under Article I, Section 10,
United States Constitution.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff.
June 13, 1979.