State Codes and Statutes

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.

State Codes and Statutes

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.

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Statutes > Texas > Family-code > Title-3-juvenile-justice-code > 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.

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