84R11851 MTB-D
By: Hall S.B. No. 1252
A BILL TO BE ENTITLED
AN ACT
relating to an interstate compact on border security and
immigration enforcement; authorizing fines and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Government Code, is amended by adding
Chapter 793 to read as follows:
CHAPTER 793. INTERSTATE COMPACT FOR BORDER SECURITY
Sec. 793.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Interstate Border Security
Commission.
(2) "Commissioner" means the individual appointed
under Section 793.004.
(3) "Compact" means the Interstate Compact for Border
Security executed under Section 793.002.
Sec. 793.002. EXECUTION OF COMPACT. This state enacts the
Interstate Compact for Border Security and enters into the compact
with all other states legally joining in the compact in
substantially the following form:
INTERSTATE COMPACT FOR BORDER SECURITY
ARTICLE I. PURPOSE
(a) The compacting member states recognize that each state
is responsible for monitoring, detection, apprehension, and
detainment of unauthorized border crossers to enforce existing
federal immigration law.
(b) The compacting member states are authorized to form a
dedicated border security force with each state having an
appropriate command structure. Each compacting member state's
border security force shall be administered by the state law
enforcement functions.
(c) The compacting member states are authorized to
prosecute illegal alien criminal activity through the state
attorneys general of the compacting states and incarcerate those
convicted in prisons operated by the compacting member states.
(d) The border security forces from any compacting member
state may operate in any other compact state's territory when
requested by that state. Interstate sharing of state resources
extends to both personnel and equipment resources. Cross-state
operations and support are authorized for state militias, organized
and unorganized as defined by 10 U.S.C. Section 311, employed in a
state border security role.
(e) The compacting member states will immediately
invalidate any restrictions placed on border enforcement
activities under federal regulations administered by the United
States Environmental Protection Agency, the Bureau of Land
Management, the United States Fish and Wildlife Service, and any
other federal agencies with the purpose of restricting land and
airspace access to compacting state officials and their law
enforcement agencies.
(f) The border security forces of the compacting member
states shall be vested with broad law enforcement powers necessary
to track down illegal border crossers, criminals, and human
smugglers and traffickers and to enforce existing federal
immigration laws.
(g) The compacting member states' border security forces
are granted the authority to open and operate as many checkpoints
along identified choke-points with access to the interior of the
United States as are needed to interdict human smugglers and
traffickers, transnational gang members, and illegal drug
shipments. These should be floating checkpoints based on specific
intelligence in order to restrict cartel and transnational gang
ability to adapt to permanent checkpoint locations.
(h) It is the purpose of this compact and the commission
created under this compact, through means of joint and cooperative
action among the compacting states, to provide operational control
and border security of international United States borders and
coastlines adjacent to compacting member state borders, to provide
internal immigration enforcement within the compacting member
states' territories, to provide support to other compacting member
states should criminal and terrorist strategies and tactics evolve
into a specific threat to one or more compacting member states, and
to equitably distribute the costs, benefits, and obligations of the
compact among the compacting member states.
(i) In addition, this compact is intended to create a
commission that will establish uniform procedures to manage joint
activities of the compacting states and the execution of support
activities and resources between and among the compacting member
states, to establish a system of uniform tracking and data
collection, to provide intelligence to other compacting states
regarding illegal immigration activity within each state, to access
information on active cases by authorized criminal justice
officials, and to provide regular reporting to governors of the
compacting member states, state legislatures, and the Secretary of
the United States Department of Homeland Security.
(j) It is the policy of the compacting member states that
the activities of the commission are intended to foster public
safety and formulate public policy. Therefore, the commission is
subject to public sunshine laws in each compacting member state.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
(a) "A secure border" is defined as when only those
authorized to cross the border can do so, and every smuggling event
between the legal ports of entry is detected and stopped.
(b) "Alien" means an individual who is not a United States
citizen or United States national.
(c) "Bylaws" means those bylaws established by the
commission for its governance or those rules constructed for
directing or controlling the commission's actions or conduct.
(d) "Compacting state" or "compacting member state" means
any state that has enacted the enabling legislation for this
interstate compact.
(e) "Commissioner" means the voting representative of each
compacting state appointed under Article III of this compact.
(f) "Illegal alien" means an alien who has entered the
United States illegally and is deportable if apprehended, or an
alien who entered the United States legally, but who has fallen "out
of status" and is deportable.
(g) "Member" means the commissioner of a compacting member
state or the commissioner's designee.
(h) "Non-compacting states" means any state that has not
enacted enabling legislation for this compact.
(i) "Rules" means acts of the commission adopted under
Article VII of this compact and substantially affecting interested
parties that have the force of law in the compacting member states.
ARTICLE III. INTERSTATE BORDER SECURITY COMMISSION
(a) The compacting states hereby create the Interstate
Border Security Commission. The commission is a body corporate and
joint agency of the compacting member states. The commission has
all the responsibilities, powers, and duties set forth in this
compact, including the power to sue and be sued and such additional
powers as may be conferred on it by subsequent action of the
respective legislatures of the compacting member states in
accordance with the terms of this compact.
(b) The commission consists of commissioners selected and
appointed by each state. The commission's bylaws may provide for
additional nonvoting members as it considers necessary.
(c) Each compacting state represented at any meeting of the
commission is entitled to one vote. A majority of the compacting
states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the bylaws of the commission.
(d) The commission shall meet at least once each calendar
year. The chair may call additional meetings and, on the request of
a majority of compacting states, shall call additional meetings.
Public notice must be given of all meetings, and meetings are open
to the public, except as provided in Article VII of this compact.
Public notice of meetings must include posting of meeting details
on the commission's website and the websites of compacting member
states.
(e) The commission shall establish an executive committee
that 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 commission during periods when the
commission is not in session, with the exception of rulemaking or
amendment to the compact. The executive committee oversees the
day-to-day activities managed by the executive director.
Commission staff administers enforcement and compliance with the
compact and its bylaws and rules and performs other duties, as
directed by the commission or set forth in the bylaws and rules.
ARTICLE IV. POWERS AND DUTIES OF THE INTERSTATE BORDER SECURITY
COMMISSION
The commission shall have the following powers:
(a) To adopt a seal and suitable bylaws governing the
management and operation of the commission.
(b) To adopt rules that have the force and effect of
statutory law and are binding in the compacting states to the extent
and in the manner provided in this compact.
(c) To enforce compliance with the compact and the rules and
bylaws of the commission, using all necessary and proper means,
including the use of judicial process.
(d) To establish and maintain offices.
(e) To purchase and maintain insurance and bonds.
(f) To borrow, accept, or contract for the services of
personnel, including members and their staffs.
(g) To establish and appoint committees and hire staff that
it considers necessary to carry out its functions, including an
executive committee as required by Article III of this compact,
that has the power to act on behalf of the commission in carrying
out its powers and duties under this compact.
(h) To elect or appoint officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties, and determine their qualifications, and to establish the
commission's personnel policies and programs relating to, among
other things, conflicts of interest, rates of compensation, and
qualifications of personnel.
(i) To accept any and all donations and grants of money,
equipment, supplies, materials, and services and to receive, use,
and dispose of same.
(j) To lease, purchase, accept contributions or donations
of any property, or otherwise own, hold, improve, or use any
property, whether real, personal, or mixed.
(k) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, whether real,
personal, or mixed.
(l) To establish a budget and make expenditures and impose
dues as provided in Article IX of this compact.
(m) To sue and be sued.
(n) To provide for dispute resolution among compacting
member states.
(o) To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact.
(p) To report annually to the compacting member states'
governors, legislatures, and the Secretary of the United States
Department of Homeland Security concerning the activities of the
commission during the preceding year. The reports shall also
include any recommendations that may have been adopted by the
commission.
(q) To coordinate education, training, and public awareness
regarding border security and immigration enforcement for
officials involved in such activity.
(r) To establish uniform standards for the reporting,
collecting, and exchanging of data.
ARTICLE V. ORGANIZATION AND OPERATION OF THE INTERSTATE BORDER
SECURITY COMMISSION
(a) The commission shall, by a majority of its members, not
later than a year after the first commission meeting, adopt bylaws
to govern its conduct as may be necessary or appropriate to carry
out the purposes of the compact, including:
(1) establishing the fiscal year of the commission;
(2) establishing an executive committee and other
committees as may be necessary;
(3) providing reasonable standards and procedures:
(i) for the establishment of committees; and
(ii) governing any general or specific
delegation of any authority or function of the commission;
(4) providing reasonable procedures for calling and
conducting meetings of the commission and ensuring reasonable
notice of each meeting;
(5) establishing the titles and responsibilities of
the officers of the commission;
(6) providing reasonable standards and procedures for
the establishment of the personnel policies and programs of the
commission. Notwithstanding any civil service laws, or other
similar laws of any compacting member state, the bylaws shall
exclusively govern the personnel policies and programs of the
commission;
(7) providing a mechanism for decommissioning the
operations of the commission and the equitable return of any
surplus funds that may exist on the termination of the compact,
after the payment or reserve of funds needed to retire all of the
commission's debts and obligations;
(8) providing transition rules for start-up
administration of the compact; and
(9) establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
(b)(1) The commission shall, by a majority of the members,
elect from among its members a chair and a vice-chair, each of whom
shall have the authorities and duties as may be specified in the
bylaws. The chair, or in the chair's absence or disability, the
vice-chair, shall preside at all meetings of the commission. The
officers so elected shall serve without compensation or
remuneration from the commission, provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed
for any actual and necessary costs and expenses incurred by them in
the performance of their duties and responsibilities as officers of
the commission.
(2) The commission shall, through its executive
committee, appoint or retain an executive director for the period,
on terms and conditions, and for the compensation as the commission
considers appropriate. The executive director shall serve as
secretary to the commission and shall hire and supervise other
staff as may be authorized by the commission, but may not be a
member of the commission.
(c) The commission shall maintain its corporate books and
records in accordance with the bylaws.
(d)(1) The commission shall defend the commissioner of a
compacting member state, the commissioner's representatives or
employees, or the commission's representatives or employees in any
civil action seeking to impose liability arising out of any actual
or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the
defendant had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from intentional wrongdoing on the part of such person.
(2) The commission shall indemnify and hold the
commissioner of a compacting member state, the appointed
representatives or employees, or the commission's representatives
or employees, harmless in the amount of any settlement or judgment
obtained against those persons arising out of any actual or alleged
act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that those
persons had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission did not
result from intentional wrongdoing on the part of those persons.
ARTICLE VI. ACTIVITIES OF THE INTERSTATE BORDER SECURITY
COMMISSION
(a) The commission shall meet and take actions as are
consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and unless
a greater percentage is required under the bylaws, in order to
constitute an act of the commission, the act must have been taken at
a meeting of the commission and must have received an affirmative
vote of a majority of the members present.
(c) Each member of the commission shall have the right and
power to cast a vote to which that compacting state is entitled and
to participate in the business and affairs of the commission. A
member shall vote in person on behalf of the compacting state and
may not delegate a vote to another compacting state. However, a
member may designate another individual, in the absence of the
member, to cast a vote on behalf of the member at a specified
meeting. The bylaws may provide for members' participation in
meetings by telephone or other means of telecommunication or
electronic communication. Any voting conducted by telephone or
other means of telecommunication or electronic communication shall
be subject to the same quorum requirements of meetings where
members are present in person and to the same requirements of open
meetings as determined by Subsection (e) of this article.
(d) The commission's bylaws shall establish conditions and
procedures under which the commission shall make its information
and official records available to the public for inspection or
copying. The commission may exempt from disclosure any information
or official records to the extent the information or records would
adversely affect personal privacy rights or proprietary interests.
In adopting those rules, the commission may make available to law
enforcement agencies records and information otherwise exempt from
disclosure, and may enter into agreements with law enforcement
agencies to receive or exchange information or records subject to
nondisclosure and confidentiality provisions.
(e) The commission shall adopt rules consistent with the
principles contained in the Government in the Sunshine Act, 5
U.S.C. Section 552b. The commission and any of its committees may
close a meeting to the public when the commission determines by
two-thirds vote that an open meeting would be likely to:
(1) relate solely to the commission's internal
personnel practices and procedures;
(2) disclose matters specifically exempted from
disclosure by statute;
(3) disclose trade secrets or commercial or financial
information that is privileged or confidential;
(4) involve accusing any person of a crime or formally
censuring any person;
(5) disclose information of a personal nature when the
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(6) disclose investigatory records compiled for law
enforcement purposes;
(7) disclose information contained in or related to
examination, operating, or condition reports prepared by, or on
behalf of or for the use of, the commission with respect to a
regulated entity for the purpose of regulation or supervision of
such entity;
(8) disclose information when the premature
disclosure would significantly endanger the life of a person or the
stability of a regulated entity; or
(9) specifically relate to the commission's issuance
of a subpoena or its participation in a civil action or proceeding.
(f) For every meeting closed under Subsection (e) of this
article, the commission's chief legal officer shall publicly
certify that, in the officer's opinion, the meeting may be closed to
the public and shall make reference to each relevant provision
authorizing closure of the meeting. The commission shall keep
minutes that fully and clearly describe all matters discussed in
any meeting and shall provide a full and accurate summary of any
action taken, and the reasons for the action, including a
description of each of the views expressed on any item and the
record of any roll call vote. All documents considered in
connection with any action shall be identified in such minutes.
(g) The commission shall collect standardized data
concerning the interstate movement and activity of illegal aliens
within the compacting member states as directed through its bylaws
and rules, which specify the data to be collected, the means of
collection, data exchange, and reporting requirements.
ARTICLE VII. RULEMAKING FUNCTIONS OF THE INTERSTATE BORDER
SECURITY COMMISSION
(a) The commission shall adopt rules in order to effectively
and efficiently achieve the purposes of the compact, including
transition rules governing administration of the compact during the
period in which it is being considered and enacted by the states.
(b) Rulemaking shall occur under criteria set forth in this
article and the bylaws and rules adopted under this article.
Rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, 5 U.S.C. Section 551 et seq.,
and the federal Advisory Committee Act, 5 U.S.C. Appendix 2,
Section 1 et seq. All rules and amendments shall become binding as
of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the compacting
member states rejects a rule, by enactment of a statute or
resolution in the same manner used to adopt the compact, then such
rule shall have no further force and effect in any compacting state.
(d) When adopting a rule, the commission shall:
(1) publish the proposed rule, stating with
particularity the text of the rule that is proposed and the reason
for the proposed rule;
(2) allow persons to submit written data, facts,
opinions, and arguments that will be publicly available;
(3) provide an opportunity for an informal hearing;
and
(4) adopt a final rule and its effective date, if
appropriate, based on the rulemaking record. Not later than 60 days
after a rule is adopted, any interested person may file a petition
in the United States District Court of the District of Columbia or
in the federal district court where the commission's principal
office is located for judicial review of the rule. If the court
finds that the commission's action is not supported by substantial
evidence in the rulemaking record, the court shall hold the rule
unlawful and set it aside. For purposes of this subsection,
evidence is substantial if it would be considered substantial
evidence under the federal Administrative Procedure Act, 5 U.S.C.
Section 551 et seq., and the federal Advisory Committee Act, 5
U.S.C. Appendix 2, Section 1 et seq.
(e) On determination by the commission that an emergency
exists, the commission may adopt an emergency rule that is
effective immediately on adoption, provided that the usual
rulemaking procedures provided in this article shall be
retroactively applied to said rule as soon as reasonably possible,
but not later than the 90th day after the effective date of the
rule.
ARTICLE VIII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY
THE INTERSTATE BORDER SECURITY COMMISSION
(a)(1) The commission shall oversee the interstate movement
of illegal aliens in the compacting states and shall monitor those
activities being administered in non-compacting states that may
significantly affect compacting member states.
(2) The courts and executive agencies in each
compacting state shall enforce this compact and shall take all
actions necessary and appropriate to effectuate the compact's
purposes and intent. In any judicial or administrative proceeding
in a compacting state pertaining to the subject matter of this
compact that may affect the powers, responsibilities, or actions of
the commission, the commission is entitled to receive all service
of process in any of those proceedings and has standing to intervene
in those proceedings for all purposes.
(b)(1) The compacting states shall report to the commission
on issues or activities of concern to them and cooperate with and
support the commission in the discharge of its duties and
responsibilities.
(2) The commission shall attempt to resolve any
disputes or other issues that are subject to the compact and that
may arise among compacting states and non-compacting states. The
commission shall enact a bylaw or adopt a rule providing for both
mediation and binding dispute resolution for disputes among the
compacting states.
(c) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using any
or all means set forth in Subsection (b) of Article XI of this
compact.
ARTICLE IX. FINANCE
(a) The commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization, and
ongoing activities.
(b) The commission shall impose and collect an annual
assessment from each compacting state to cover the cost of the
internal operations and activities of the commission and its staff,
in a total amount sufficient to cover the commission's annual
budget as approved each year. The aggregate annual assessment
amount shall be allocated based on a formula to be determined by the
commission, taking into consideration the population of illegal
aliens in the state, the magnitude of illegal alien smuggling and
criminal activity, and the miles of international border in each
compacting state. The commission shall adopt a rule that governs
the assessment and is binding on all compacting member states.
(c) The commission may not incur any obligations of any kind
before securing the funds adequate to meet the same, and the
commission may not pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
(d) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
commission are subject to the audit and accounting procedures
established under its bylaws. However, all receipts and
disbursements of funds handled by the commission shall be audited
yearly by a certified or licensed public accountant, and the report
of the audit shall be included in and become part of the annual
report of the commission.
ARTICLE X. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
(a) Any state is eligible to become a compacting member
state.
(b) The compact is effective and binding on legislative
enactment of the compact into law by not fewer than two of the 50
states. After enactment by two states, the compact is effective and
binding as to any other compacting state on enactment of the compact
into law by that state. The governors of non-compacting states or
their designees may be invited to participate in commission
activities on a nonvoting basis before adoption of the compact by
other states.
(c) Amendments to the compact may be proposed by the
commission for enactment by the compacting states. An amendment is
not effective and binding on the commission and the compacting
member states until it is enacted into law by unanimous consent of
the compacting states.
ARTICLE XI. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
ENFORCEMENT
(a)(1) Once effective, the compact shall continue in force
and remain binding on each and every compacting member state,
provided that a compacting state may withdraw from the compact by
specifically repealing the statute that enacted the compact into
law.
(2) The effective date of withdrawal is the effective
date of the repeal of the statute that enacted the compact into law.
(3) The withdrawing state shall immediately notify in
writing the chair of the commission of the introduction of
legislation repealing this compact in the legislature of the
withdrawing state. The commission shall notify the other
compacting states of the withdrawing state's intent to withdraw
within 60 days of its receipt of the written notice.
(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 of a previously withdrawn
compacting state occurs on the withdrawing state reenacting the
compact or on a later date as determined by the commission.
(b)(1) If the commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under this compact, or the bylaws
or rules of the commission, the commission may impose any or all of
the following penalties:
(i) fines, fees, and costs in amounts as are
considered reasonable as fixed by the commission;
(ii) remedial training and technical assistance
as directed by the commission; or
(iii) suspension and termination of membership
in the compact. Suspension shall be imposed only after all other
reasonable means of securing compliance under the bylaws and rules
have been exhausted. Immediate notice of suspension shall be given
by the commission to the governor, the chief justice or chief
judicial officer of the defaulting state, the presiding officers of
the defaulting state's legislature, and the defaulting state's
attorney general.
(2) The grounds for default include failure of a
compacting state to perform obligations or responsibilities
imposed on it by this compact or the commission's bylaws or rules.
Pending a cure of the default, the commission shall immediately
notify in writing the defaulting member state of the penalty
imposed by the commission. The commission shall stipulate the
conditions and the time within which the defaulting state must cure
its default. If the defaulting state fails to cure the default
within the time specified by the commission, in addition to any
other penalties imposed, the defaulting state may be terminated
from the compact on an affirmative vote of a majority of the
compacting states, and all rights, privileges, and benefits
conferred by this compact shall be terminated from the effective
date of suspension. Within 60 days of the effective date of
termination of a defaulting state, the commission shall notify the
governor, the chief justice or chief judicial officer of the
defaulting state, and the presiding officers of the defaulting
state's legislature, and the defaulting state's attorney general.
(3) The defaulting state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including any obligations the
performance of which extend beyond the effective date of
termination.
(4) The commission shall not bear any costs relating
to the defaulting state unless otherwise mutually agreed on between
the commission and the defaulting state. Reinstatement following
termination of any compacting state requires both a reenactment of
the compact by the defaulting state and the approval of the
commission under the rules.
(c) The commission may, by majority vote of the members,
initiate legal action in the United States District Court of the
District of Columbia or, at the discretion of the commission, in the
federal district court where the commission has its principal
office, to enforce compliance with the provisions of the compact or
its rules or bylaws against any compacting state in default. In the
event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of litigation, including reasonable attorney's
fees.
(d)(1) The compact dissolves effective on the date of the
withdrawal or default of the compacting state that reduces
membership in the compact to one compacting state.
(2) On the dissolution of this compact, the compact
becomes void and is of no further force or effect, the business and
affairs of the commission are concluded, and any surplus funds
shall be distributed in accordance with the bylaws.
ARTICLE XII. SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and
if any phrase, clause, sentence, or provision is considered
unenforceable, the remaining provisions of the compact shall be
enforceable.
(b) The provisions of this compact shall be liberally
construed to effectuate its purposes.
ARTICLE XIII. BINDING EFFECT OF COMPACT AND OTHER LAWS
(a)(1) This compact does not prevent the enforcement of any
other law of a compacting state that is not inconsistent with this
compact.
(2) All agreements between the commission and the
compacting states are binding in accordance with their terms.
(3) On the request of a party to a conflict over the
meaning or interpretation of commission actions, and on a majority
vote of the compacting member states, the commission may issue
advisory opinions regarding the 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 the provision on the commission is
ineffective and the obligations, duties, powers, or jurisdiction
remains in the compacting state and is exercised by the agency of
the compacting state to which the obligations, duties, powers, or
jurisdiction is delegated by law in effect at the time this compact
becomes effective.
Sec. 793.003. EFFECT ON TEXAS LAWS. If the laws of this
state conflict with the compact or a rule adopted under that
compact, the compact or rule controls, except that if a conflict
exists between the compact or rule and the Texas Constitution, as
determined by the courts of this state, the Texas Constitution
controls.
Sec. 793.004. COMMISSIONER. (a) The governor shall
appoint a commissioner to be responsible for administration and
management of this state's participation in the compact.
(b) If the commissioner is unable to attend a specific
meeting of the commission created under the compact, the governor
shall delegate voting authority for that meeting to another
individual from this state.
(c) The commissioner serves at the will of the governor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.