Texas 2023 - 88th Regular

Texas House Bill HB3711 Compare Versions

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1	1	88R9775 JCG-F
2	2	By: Clardy H.B. No. 3711
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an interstate compact on border security and refugee
8	8	resettlement; authorizing fines, fees, and assessments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 7, Government Code, is amended by adding
11	11	Chapter 794 to read as follows:
12	12	CHAPTER 794. INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE
13	13	RESETTLEMENT
14	14	Sec. 794.001. DEFINITIONS. In this chapter:
15	15	(1) "Alien" means an individual who is not a United
16	16	States citizen or United States national.
17	17	(2) "Border security" means the security of a border
18	18	at which only those authorized to cross the border can do so and at
19	19	which every illegal crossing event between the legal ports of entry
20	20	is detected and stopped.
21	21	(3) "Bylaws" means those bylaws established by the
22	22	commission for its governance or those rules constructed for
23	23	directing or controlling the commission's actions or conduct.
24	24	(4) "Commission" means the Interstate Border Security
25	25	and Refugee Resettlement Commission.
26	26	(5) "Commissioner" means the voting representative of
27	27	each compacting state appointed under the compact.
28	28	(6) "Compact" means the Interstate Compact for Border
29	29	Security and Refugee Resettlement executed under Section 794.002.
30	30	(7) "Compacting state" means any state that has
31	31	enacted the enabling legislation for this interstate compact.
32	32	(8) "Illegal alien" means an alien located in a
33	33	compacting state who is deportable under Clause 4, Section 8,
34	34	Article I, United States Constitution, and who has entered the
35	35	United States illegally or who entered the United States legally,
36	36	but who remains in the United States without authorization.
37	37	(9) "Rules" means acts of the commission adopted under
38	38	Article VI of the compact and substantially affecting interested
39	39	parties that have the force of law in the compacting states.
40	40	Sec. 794.002. EXECUTION OF COMPACT. This state enacts the
41	41	Interstate Compact for Border Security and Refugee Resettlement and
42	42	enters into the compact with all other states legally joining in the
43	43	compact in substantially the following form:
44	44	INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE RESETTLEMENT
45	45	ARTICLE I. PURPOSE
46	46	(a) The compacting states recognize that each state is
47	47	responsible for the monitoring, detection, apprehension, and
48	48	detainment of unauthorized border crossers to enforce existing
49	49	federal immigration law.
50	50	(b) The compacting states are authorized to form a dedicated
51	51	border security force with each state having an appropriate command
52	52	structure. Each compacting state's border security force shall be
53	53	administered by state law enforcement functions.
54	54	(c) The compacting states are authorized to prosecute
55	55	illegal alien criminal activity through the state attorneys general
56	56	of the compacting states and incarcerate those convicted in prisons
57	57	operated by the compacting states.
58	58	(d) The border security forces from any compacting state may
59	59	operate in any other compacting state's territory when requested by
60	60	that state. Interstate sharing of state resources extends to both
61	61	personnel and equipment resources. Cross-state operations and
62	62	support are authorized for state militias, organized and
63	63	unorganized as defined by 10 U.S.C. Section 311, employed in a state
64	64	border security role.
65	65	(e) The compacting states will immediately invalidate any
66	66	restrictions placed on border enforcement activities under federal
67	67	regulations administered by the United States Environmental
68	68	Protection Agency, the Bureau of Land Management, the United States
69	69	Fish and Wildlife Service, the Federal Aviation Administration, and
70	70	any other federal agencies with the purpose of restricting land and
71	71	airspace access to compacting state officials and their law
72	72	enforcement agencies.
73	73	(f) The border security forces of each compacting state
74	74	while bound by the laws of that state are vested with broad law
75	75	enforcement powers necessary to track down illegal border crossers
76	76	and criminals and to enforce existing federal immigration laws. If
77	77	a majority of the governors of the compacting states have declared
78	78	an invasion under Section 10, Article I, United States
79	79	Constitution, the border security forces of the compacting states
80	80	may take any action necessary to repel an individual attempting to
81	81	make an unlawful entry into a compacting state.
82	82	(g) A compacting state's border security forces are
83	83	granted, in accordance with the state's law, the authority to open
84	84	and operate as many checkpoints, including floating checkpoints,
85	85	along identified choke points with access to the interior of the
86	86	United States as are needed to identify and apprehend illegal
87	87	aliens.
88	88	(h) It is the purpose of this compact and the commission
89	89	created under this compact, through means of joint and cooperative
90	90	action among the compacting states to:
91	91	(1) provide operational control and border security
92	92	for international United States borders and coastlines adjacent to
93	93	compacting state borders;
94	94	(2) provide internal immigration enforcement within
95	95	the compacting states' borders;
96	96	(3) provide support to other compacting states if
97	97	illegal alien activity evolves into a specific threat to one or more
98	98	compacting states;
99	99	(4) equitably distribute the costs, benefits, and
100	100	obligations of the compact among the compacting states;
101	101	(5) ensure notification from the federal government at
102	102	least 60 days before the date refugees are resettled in a compacting
103	103	state, including access by a compacting state to vetting
104	104	information, security screening, in-person interviews, and health
105	105	assessments of refugees;
106	106	(6) establish a compacting state's right to refuse a
107	107	refugee offered by the federal government for resettlement in the
108	108	state;
109	109	(7) establish a refugee resettlement tracking program
110	110	among compacting states that:
111	111	(A) collects information on resettled refugees,
112	112	including the refugees' country of origin, historical and family
113	113	information, crime history, entry routes, fingerprints, and DNA
114	114	samples; and
115	115	(B) contains the information collected by
116	116	screening processes before a refugee arrives in the compacting
117	117	state at least 60 days before the refugee's arrival;
118	118	(8) establish the compacting state's authority to
119	119	revoke refugee status from a refugee:
120	120	(A) who is convicted of a felony and, after the
121	121	appropriate sentence is served, hold the former refugee for
122	122	immediate return to the former refugee's country of origin; or
123	123	(B) who does not seek naturalization as provided
124	124	by Subdivision (12);
125	125	(9) establish a comprehensive assimilation education
126	126	program that tracks the assimilation of refugees in accordance with
127	127	United States laws, history, and culture;
128	128	(10) abolish the private agencies, operations, and
129	129	authorities in the compacting states performing refugee
130	130	resettlement functions and reapportion the federal contract funds
131	131	provided to those entities to the compacting states assuming those
132	132	functions;
133	133	(11) establish standing for any legal action or brief
134	134	submitted to a federal court demanding injunctive relief from
135	135	federal executive orders that:
136	136	(A) are not in the best interests of the
137	137	compacting states; or
138	138	(B) do not comply with Clause 4, Section 8,
139	139	Article I, or Clause 2, Article VI, United States Constitution; and
140	140	(12) establish a uniform time frame for revoking
141	141	refugee status from a refugee in a compacting state who does not
142	142	seek naturalization.
143	143	(i) In addition, this compact is intended to create a
144	144	commission that will establish uniform procedures to manage joint
145	145	activities of the compacting states and the execution of support
146	146	activities and resources between and among the compacting states,
147	147	to establish a system of uniform tracking and data collection, to
148	148	provide intelligence to other compacting states regarding illegal
149	149	immigration activity within each state, to access information on
150	150	active cases by authorized criminal justice officials, and to
151	151	provide regular reporting to governors of the compacting states,
152	152	state legislatures, and the Secretary of the United States
153	153	Department of Homeland Security.
154	154	(j) It is the policy of the compacting states that the
155	155	activities of the commission are intended to foster public safety
156	156	and formulate public policy. Therefore, the commission is subject
157	157	to public sunshine laws in each compacting state.
158	158	ARTICLE II. INTERSTATE BORDER SECURITY AND REFUGEE RESETTLEMENT
159	159	COMMISSION
160	160	(a) The compacting states hereby create the Interstate
161	161	Border Security and Refugee Resettlement Commission. The
162	162	commission is a body corporate and joint agency of the compacting
163	163	states. The commission has all the responsibilities, powers, and
164	164	duties set forth in this compact, including the authority to sue and
165	165	be sued and additional powers as may be conferred on it by
166	166	subsequent action of the respective legislatures of the compacting
167	167	states in accordance with the terms of this compact.
168	168	(b) The commission consists of commissioners selected and
169	169	appointed by each compacting state with qualifications, terms, and
170	170	conditions for removal determined by the appointing state. The
171	171	commission's bylaws may provide for additional nonvoting members as
172	172	it considers necessary.
173	173	(c) Each compacting state represented at any meeting of the
174	174	commission is entitled to one vote. A majority of the compacting
175	175	states shall constitute a quorum for the transaction of business,
176	176	unless a larger quorum is required by the bylaws of the commission.
177	177	(d) The commission shall meet at least once each calendar
178	178	year. The chair may call additional meetings and, on the request of
179	179	a majority of compacting states, shall call additional meetings.
180	180	Public notice must be given of all meetings, and meetings are open
181	181	to the public, except as provided in Article V of the compact.
182	182	Public notice of meetings must include posting of meeting details
183	183	on the commission's website and the websites of compacting states.
184	184	(e) The commission shall establish and provide procedures
185	185	for the appointment of an executive committee that includes
186	186	commission officers, members, and others as determined by the
187	187	bylaws. The procedures must address qualifications and terms for
188	188	the executive committee. The executive committee has the power to
189	189	act on behalf of the commission during periods when the commission
190	190	is not in session, with the exception of rulemaking or amendment to
191	191	the compact. The executive committee oversees the day-to-day
192	192	activities managed by the executive director. Commission staff
193	193	administers enforcement and compliance with the compact and its
194	194	bylaws and rules and performs other duties, as directed by the
195	195	commission or set forth in the bylaws and rules.
196	196	ARTICLE III. POWERS AND DUTIES OF THE INTERSTATE BORDER SECURITY
197	197	AND REFUGEE RESETTLEMENT COMMISSION
198	198	The commission has the following powers:
199	199	(1) to adopt a seal and suitable bylaws governing the
200	200	management and operation of the commission;
201	201	(2) to adopt rules in compliance with the compacting
202	202	states' laws that have the force and effect of statutory law and are
203	203	binding in the compacting states to the extent and in the manner
204	204	provided in this compact;
205	205	(3) to enforce compliance with the compact and the
206	206	rules and bylaws of the commission, using all necessary and proper
207	207	means, including the use of judicial process;
208	208	(4) to establish and maintain offices;
209	209	(5) to purchase and maintain insurance and bonds;
210	210	(6) to borrow, accept, or contract for the services of
211	211	personnel, including members and their staffs;
212	212	(7) to establish and appoint committees and hire staff
213	213	that it considers necessary to carry out its functions, including
214	214	an executive committee as required by Article II of the compact;
215	215	(8) to elect or appoint officers, attorneys,
216	216	employees, agents, or consultants, and to fix their compensation,
217	217	define their duties, and determine their qualifications, and to
218	218	establish the commission's personnel policies and programs,
219	219	including policies and programs relating to conflicts of interest,
220	220	rates of compensation, and qualifications of personnel;
221	221	(9) to accept, receive, use, and dispose of donations
222	222	and grants of money, equipment, supplies, materials, and services;
223	223	(10) to lease, purchase, or accept contributions or
224	224	donations of any property, or otherwise own, hold, improve, or use
225	225	any property, whether real, personal, or mixed;
226	226	(11) to sell, convey, mortgage, pledge, lease,
227	227	exchange, abandon, or otherwise dispose of any property, whether
228	228	real, personal, or mixed;
229	229	(12) to establish a budget and make expenditures and
230	230	impose assessments as provided in Article VIII of the compact;
231	231	(13) to sue and be sued;
232	232	(14) to provide for dispute resolution among
233	233	compacting states;
234	234	(15) to perform any function necessary or appropriate
235	235	to achieve the purposes of this compact;
236	236	(16) to report annually to the compacting states'
237	237	governors and legislatures and the Secretary of the United States
238	238	Department of Homeland Security concerning the activities of the
239	239	commission during the preceding year, including any
240	240	recommendations that may have been adopted by the commission;
241	241	(17) to coordinate education, training, and public
242	242	awareness regarding border security and immigration enforcement
243	243	for officials involved in that activity; and
244	244	(18) to establish uniform standards for the reporting,
245	245	collecting, and exchanging of data.
246	246	ARTICLE IV. ORGANIZATION AND OPERATION OF THE COMMISSION
247	247	(a) The commission shall, by a majority of its members, not
248	248	later than a year after the first commission meeting, adopt bylaws
249	249	to govern its conduct as may be necessary or appropriate to carry
250	250	out the purposes of the compact, including:
251	251	(1) establishing the fiscal year of the commission;
252	252	(2) establishing an executive committee and other
253	253	committees as may be necessary;
254	254	(3) providing reasonable standards and procedures:
255	255	(A) for the establishment of committees; and
256	256	(B) governing any general or specific delegation
257	257	of any authority or function of the commission;
258	258	(4) providing reasonable procedures for calling and
259	259	conducting meetings of the commission and ensuring reasonable
260	260	notice of each meeting;
261	261	(5) establishing the titles and responsibilities of
262	262	the officers of the commission;
263	263	(6) providing reasonable standards and procedures for
264	264	the establishment of the personnel policies and programs of the
265	265	commission, notwithstanding any civil service laws or other similar
266	266	laws of any compacting state;
267	267	(7) providing a mechanism for decommissioning the
268	268	operations of the commission and the equitable return of any
269	269	surplus funds that may exist on the termination of the compact,
270	270	after the payment or reserve of funds needed to retire all of the
271	271	commission's debts and obligations;
272	272	(8) providing transition rules for establishing the
273	273	administration of the compact; and
274	274	(9) establishing standards and procedures for
275	275	compliance and technical assistance in carrying out the compact.
276	276	(b) The commission shall, by a majority of the members,
277	277	elect from among its members a chair and a vice chair, each of whom
278	278	shall have the authorities and duties as may be specified in the
279	279	bylaws. The chair, or in the chair's absence or disability, the
280	280	vice chair, shall preside at all meetings of the commission. The
281	281	officers shall serve without compensation or remuneration from the
282	282	commission, provided that, subject to the availability of budgeted
283	283	funds, the officers shall be reimbursed for any actual and
284	284	necessary costs and expenses incurred by them in the performance of
285	285	their duties and responsibilities as officers of the commission.
286	286	(c) The commission shall, through its executive committee,
287	287	appoint or retain an executive director for the period, on the
288	288	terms, and for the compensation the commission considers
289	289	appropriate. The executive director shall serve as secretary to
290	290	the commission and shall hire and supervise other staff as may be
291	291	authorized by the commission, but may not be a member of the
292	292	commission.
293	293	(d) The commission shall maintain its corporate books and
294	294	records in accordance with the bylaws.
295	295	(e) The commission shall defend the commissioner of a
296	296	compacting state, the commissioner's representatives or employees,
297	297	or the commission's representatives or employees in any civil
298	298	action seeking to impose liability arising out of any actual or
299	299	alleged act, error, or omission that occurred within the scope of
300	300	commission employment, duties, or responsibilities, or that the
301	301	defendant had a reasonable basis for believing occurred within the
302	302	scope of commission employment, duties, or responsibilities,
303	303	provided that the actual or alleged act, error, or omission did not
304	304	result from intentional wrongdoing on the part of the person.
305	305	(f) The commission shall indemnify and hold the
306	306	commissioner of a compacting state, the appointed representatives
307	307	or employees, or the commission's representatives or employees
308	308	harmless in the amount of any settlement or judgment obtained
309	309	against those persons arising out of any actual or alleged act,
310	310	error, or omission that occurred within the scope of commission
311	311	employment, duties, or responsibilities, or that those persons had
312	312	a reasonable basis for believing occurred within the scope of
313	313	commission employment, duties, or responsibilities, provided that
314	314	the actual or alleged act, error, or omission did not result from
315	315	intentional wrongdoing on the part of those persons.
316	316	ARTICLE V. COMMISSION ACTIVITIES
317	317	(a) The commission shall meet and take actions as are
318	318	consistent with the provisions of this compact.
319	319	(b) Except as otherwise provided in this compact and unless
320	320	a greater percentage is required under the bylaws, in order to
321	321	constitute an act of the commission, the act must have been taken at
322	322	a meeting of the commission and must have received an affirmative
323	323	vote of a majority of the members present.
324	324	(c) Each member of the commission shall have the authority
325	325	and power to cast a vote to which that compacting state is entitled
326	326	and to participate in the business and affairs of the commission. A
327	327	member shall vote in person on behalf of the compacting state and
328	328	may not delegate a vote to another compacting state. However, a
329	329	member may designate another individual, in the absence of the
330	330	member, to cast a vote on behalf of the member at a specified
331	331	meeting. The bylaws may provide for members' participation in
332	332	meetings by telephone or other means of telecommunication or
333	333	electronic communication. Any voting conducted by telephone or
334	334	other means of telecommunication or electronic communication shall
335	335	be subject to the same quorum requirements of meetings where
336	336	members are present in person and to the same requirements of open
337	337	meetings as determined by Subsection (e).
338	338	(d) The commission's bylaws shall establish conditions and
339	339	procedures under which the commission shall make its information
340	340	and official records available to the public for inspection or
341	341	copying. The commission may exempt from disclosure any information
342	342	or official records to the extent the information or records would
343	343	adversely affect personal privacy rights or proprietary interests.
344	344	In adopting those rules, the commission may make available to law
345	345	enforcement agencies records and information otherwise exempt from
346	346	disclosure, and may enter into agreements with law enforcement
347	347	agencies to receive or exchange information or records subject to
348	348	nondisclosure and confidentiality provisions.
349	349	(e) The commission shall adopt rules consistent with the
350	350	principles contained in the Government in the Sunshine Act (5
351	351	U.S.C. Section 552b). The commission and any of its committees may
352	352	close a meeting to the public when the commission determines by
353	353	two-thirds vote that an open meeting would be likely to:
354	354	(1) relate solely to the commission's internal
355	355	personnel practices and procedures;
356	356	(2) disclose matters specifically exempted from
357	357	disclosure by statute;
358	358	(3) disclose trade secrets or commercial or financial
359	359	information that is privileged or confidential;
360	360	(4) involve accusing any person of a crime or formally
361	361	censuring any person;
362	362	(5) disclose information of a personal nature when the
363	363	disclosure would constitute a clearly unwarranted invasion of
364	364	personal privacy;
365	365	(6) disclose investigatory records compiled for law
366	366	enforcement purposes;
367	367	(7) disclose information contained in or related to
368	368	examination, operating, or condition reports prepared by, or on
369	369	behalf of or for the use of, the commission with respect to a
370	370	regulated entity for the purpose of regulation or supervision of
371	371	the entity;
372	372	(8) disclose information when the premature
373	373	disclosure would significantly endanger the life of a person or the
374	374	stability of a regulated entity; or
375	375	(9) specifically relate to the commission's issuance
376	376	of a subpoena or its participation in a civil action or proceeding.
377	377	(f) For every meeting closed under Subsection (e), the
378	378	commission's chief legal officer shall publicly certify that, in
379	379	the officer's opinion, the meeting may be closed to the public and
380	380	shall make reference to each relevant provision authorizing closure
381	381	of the meeting. The commission shall keep minutes that fully and
382	382	clearly describe all matters discussed in any meeting and shall
383	383	provide a full and accurate summary of any action taken and the
384	384	reasons for the action, including a description of each of the views
385	385	expressed on any item and the record of any roll call vote. All
386	386	documents considered in connection with any action shall be
387	387	identified in the minutes.
388	388	(g) The commission shall collect standardized data
389	389	concerning the interstate movement and activity of illegal aliens
390	390	within the compacting states as directed through its bylaws and
391	391	rules, which specify the data to be collected, the means of
392	392	collection, data exchange, and reporting requirements.
393	393	ARTICLE VI. RULEMAKING FUNCTIONS OF COMMISSION
394	394	(a) The commission shall adopt rules:
395	395	(1) to effectively and efficiently achieve the
396	396	purposes of the compact, including transition rules governing
397	397	administration of the compact during the period in which it is being
398	398	considered and enacted by the states; and
399	399	(2) under criteria set forth in this article and the
400	400	bylaws and rules adopted under this article.
401	401	(b) Rulemaking must substantially conform to the principles
402	402	of the federal Administrative Procedure Act (5 U.S.C. Section 551
403	403	et seq.) and the Federal Advisory Committee Act (5 U.S.C. Appendix,
404	404	Section 1 et seq.). All rules and amendments shall become binding
405	405	as of the date specified in the rule or amendment.
406	406	(c) If a majority of the legislatures of the compacting
407	407	states rejects a rule, by enactment of a statute or resolution in
408	408	the same manner used to adopt the compact, the rule has no further
409	409	force and effect in any compacting state.
410	410	(c-1) If a compacting state rejects a rule by enacting a
411	411	statute or resolution, the rule has no further force and effect in
412	412	that compacting state.
413	413	(d) When adopting a rule, the commission shall:
414	414	(1) publish the proposed rule, stating with
415	415	particularity the text of the rule that is proposed and the reason
416	416	for the proposed rule;
417	417	(2) allow persons to submit written data, facts,
418	418	opinions, and arguments that will be publicly available;
419	419	(3) provide an opportunity for an informal hearing;
420	420	and
421	421	(4) adopt a final rule and its effective date, if
422	422	appropriate, based on the rulemaking record.
423	423	(e) Not later than the 60th day after the date a rule is
424	424	adopted, an interested person may file a petition in the United
425	425	States District Court for the District of Columbia or in the federal
426	426	district court where the commission's principal office is located
427	427	for judicial review of the rule. If the court finds that the
428	428	commission's action is not supported by substantial evidence in the
429	429	rulemaking record, the court shall hold the rule unlawful and set it
430	430	aside. For purposes of this subsection, evidence is substantial if
431	431	it would be considered substantial evidence under the federal
432	432	Administrative Procedure Act (5 U.S.C. Section 551 et seq.) and the
433	433	Federal Advisory Committee Act (5 U.S.C. Appendix, Section 1 et
434	434	seq.).
435	435	(f) On determination by the commission that an emergency
436	436	exists, the commission may adopt an emergency rule that is
437	437	effective immediately on adoption, provided that the usual
438	438	rulemaking procedures provided in this article shall be
439	439	retroactively applied to said rule as soon as reasonably possible,
440	440	but not later than the 90th day after the effective date of the
441	441	rule.
442	442	ARTICLE VII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
443	443	BY THE COMMISSION
444	444	(a) The commission shall oversee the interstate movement of
445	445	illegal aliens in compacting states and the resettlement of
446	446	refugees in compacting states and shall monitor those activities
447	447	being administered in non-compacting states that may significantly
448	448	affect compacting states.
449	449	(b) The courts and executive agencies in each compacting
450	450	state shall enforce this compact and shall take all action
451	451	necessary and appropriate to effectuate the compact's purposes and
452	452	intent. In any judicial or administrative proceeding in a
453	453	compacting state pertaining to the subject matter of this compact
454	454	that may affect the powers, responsibilities, or actions of the
455	455	commission, the commission is entitled to receive all service of
456	456	process in any of those proceedings and has standing to intervene in
457	457	those proceedings for all purposes.
458	458	(c) The compacting states shall report to the commission on
459	459	issues or activities of concern to them and cooperate with and
460	460	support the commission in the discharge of its duties and
461	461	responsibilities.
462	462	(d) The commission shall attempt to resolve any disputes or
463	463	other issues that are subject to the compact and that may arise
464	464	among compacting states and non-compacting states. The commission
465	465	shall enact a bylaw or adopt a rule providing for both mediation and
466	466	binding dispute resolution for disputes among the compacting
467	467	states.
468	468	(e) The commission, in the reasonable exercise of its
469	469	discretion, shall enforce the provisions of this compact using the
470	470	means set forth in Subsections (e), (f), (g), (h), (i), and (j) of
471	471	Article X of the compact.
472	472	ARTICLE VIII. FINANCE
473	473	(a) The commission shall pay or provide for the payment of
474	474	the reasonable expenses of its establishment, organization, and
475	475	ongoing activities.
476	476	(b) The commission shall impose and collect an annual
477	477	assessment from each compacting state to cover the cost of the
478	478	internal operations and activities of the commission and its staff,
479	479	in a total amount sufficient to cover the commission's annual
480	480	budget as approved each year. The aggregate annual assessment
481	481	amount shall be allocated based on a formula to be determined by the
482	482	commission, taking into consideration the population of illegal
483	483	aliens in the state, the magnitude of illegal alien smuggling and
484	484	criminal activity, the miles of international border in each
485	485	compacting state, and the number of refugees resettled in the
486	486	state. The commission shall adopt a rule that governs the
487	487	assessment and is binding on all compacting states.
488	488	(c) The commission may not incur any obligation of any kind
489	489	before securing the funds adequate to meet the same, and the
490	490	commission may not pledge the credit of a compacting state, except
491	491	by and with the authority of the compacting state.
492	492	(d) The commission shall keep accurate accounts of all
493	493	receipts and disbursements. The receipts and disbursements of the
494	494	commission are subject to the audit and accounting procedures
495	495	established under its bylaws. However, all receipts and
496	496	disbursements of funds handled by the commission shall be audited
497	497	yearly by a certified or licensed public accountant, and the report
498	498	of the audit shall be included in and become part of the annual
499	499	report of the commission.
500	500	ARTICLE IX. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
501	501	(a) Any state is eligible to become a compacting state.
502	502	(b) The compact is effective and binding on legislative
503	503	enactment of the compact into law by not fewer than two of the 50
504	504	states. After enactment by two states, the compact is effective and
505	505	binding as to any additional compacting state on:
506	506	(1) approval of a majority of the compacting states;
507	507	and
508	508	(2) enactment of the compact into law by that state.
509	509	(c) The governors of non-compacting states or their
510	510	designees may be invited to participate in commission activities on
511	511	a nonvoting basis before adoption of the compact by other states.
512	512	(d) Amendments to the compact may be proposed by the
513	513	commission for enactment by the compacting states. An amendment is
514	514	not effective and binding on the commission and the compacting
515	515	states until it is enacted into law by unanimous consent of the
516	516	compacting states.
517	517	ARTICLE X. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL
518	518	ENFORCEMENT
519	519	(a) Once effective, the compact shall continue in force and
520	520	remain binding on a compacting state, provided that a compacting
521	521	state may withdraw from the compact by specifically repealing the
522	522	statute that enacted the compact into law. The effective date of
523	523	withdrawal is the effective date of the repeal of the statute that
524	524	enacted the compact into law.
525	525	(b) The withdrawing state shall immediately notify in
526	526	writing the chair of the commission of the introduction of
527	527	legislation repealing this compact in the legislature of the
528	528	withdrawing state. The commission shall notify the other
529	529	compacting states of the withdrawing state's intent to withdraw not
530	530	later than the 60th day after the date of receipt of the written
531	531	notice.
532	532	(c) The withdrawing state is responsible for all
533	533	assessments, obligations, and liabilities incurred through the
534	534	effective date of withdrawal, including any obligation the
535	535	performance of which extends beyond the effective date of
536	536	withdrawal.
537	537	(d) Reinstatement of a previously withdrawn compacting
538	538	state occurs on the withdrawing state reenacting the compact or on a
539	539	later date as determined by the commission.
540	540	(e) If the commission determines that any compacting state
541	541	has at any time defaulted in the performance of any of its
542	542	obligations or responsibilities under this compact, or the bylaws
543	543	or rules of the commission, the commission may impose any or all of
544	544	the following penalties:
545	545	(1) fines, fees, and costs in amounts as are
546	546	considered reasonable as fixed by the commission;
547	547	(2) remedial training and technical assistance as
548	548	directed by the commission; or
549	549	(3) suspension and termination of membership in the
550	550	compact.
551	551	(f) Suspension of a compacting state may be imposed only
552	552	after all other reasonable means of securing compliance under the
553	553	bylaws and rules have been exhausted. Immediate notice of
554	554	suspension shall be given by the commission to the governor, the
555	555	chief justice or chief judicial officer of the defaulting state,
556	556	the presiding officers of the defaulting state's legislature, and
557	557	the defaulting state's attorney general.
558	558	(g) The grounds for default include failure of a compacting
559	559	state to perform obligations or responsibilities imposed on it by
560	560	this compact or the commission's bylaws or rules. Pending a cure of
561	561	the default, the commission shall immediately notify in writing the
562	562	defaulting state of the penalty imposed by the commission. The
563	563	commission shall stipulate the conditions and the time within which
564	564	the defaulting state must cure its default. If the defaulting state
565	565	fails to cure the default within the time specified by the
566	566	commission, in addition to any other penalties imposed, the
567	567	defaulting state may be terminated from the compact on an
568	568	affirmative vote of a majority of the compacting states, and all
569	569	rights, privileges, and benefits conferred by this compact shall be
570	570	terminated from the effective date of suspension. Not later than
571	571	the 60th day after the effective date of termination of a defaulting
572	572	state, the commission shall notify the governor, the chief justice
573	573	or chief judicial officer of the defaulting state, the presiding
574	574	officers of the defaulting state's legislature, and the defaulting
575	575	state's attorney general.
576	576	(h) The defaulting state is responsible for all
577	577	assessments, obligations, and liabilities incurred through the
578	578	effective date of termination, including any obligation the
579	579	performance of which extends beyond the effective date of
580	580	termination.
581	581	(i) The commission may not bear any cost relating to the
582	582	defaulting state unless otherwise mutually agreed on between the
583	583	commission and the defaulting state. Reinstatement following
584	584	termination of any compacting state requires both a reenactment of
585	585	the compact by the defaulting state and the approval of the
586	586	commission under the rules.
587	587	(j) The commission may, by majority vote of the members,
588	588	initiate legal action in the United States District Court for the
589	589	District of Columbia or, at the discretion of the commission, in the
590	590	federal district court where the commission has its principal
591	591	office, to enforce compliance with the provisions of the compact or
592	592	its rules or bylaws against any compacting state in default. In the
593	593	event judicial enforcement is necessary, the prevailing party shall
594	594	be awarded all costs of litigation, including reasonable attorney's
595	595	fees.
596	596	(k) The compact dissolves effective on the date of the
597	597	withdrawal or default of the compacting state that reduces
598	598	membership in the compact to one compacting state.
599	599	(l) On the dissolution of the compact, the compact becomes
600	600	void and is of no further force or effect, the business and affairs
601	601	of the commission are concluded, and any surplus funds shall be
602	602	distributed in accordance with the bylaws.
603	603	ARTICLE XI. SEVERABILITY AND CONSTRUCTION
604	604	(a) The provisions of this compact shall be severable, and
605	605	if any phrase, clause, sentence, or provision is considered
606	606	unenforceable, the remaining provisions of the compact shall be
607	607	enforceable.
608	608	(b) The provisions of this compact shall be liberally
609	609	construed to effectuate its purposes.
610	610	ARTICLE XII. BINDING EFFECT OF COMPACT AND OTHER LAWS
611	611	(a) This compact does not prevent the enforcement of any
612	612	other law of a compacting state that is not inconsistent with this
613	613	compact.
614	614	(b) All agreements between the commission and the
615	615	compacting states are binding in accordance with their terms.
616	616	(c) On the request of a party to a conflict over the meaning
617	617	or interpretation of a commission action, and on a majority vote of
618	618	the compacting states, the commission may issue an advisory opinion
619	619	regarding the meaning or interpretation.
620	620	(d) In the event any provision of this compact exceeds the
621	621	constitutional limits imposed on the legislature of any compacting
622	622	state, the obligations, duties, powers, or jurisdiction sought to
623	623	be conferred by the provision on the commission is ineffective and
624	624	the obligations, duties, powers, or jurisdiction remains in the
625	625	compacting state and is exercised by the agency of the compacting
626	626	state to which the obligations, duties, powers, or jurisdiction is
627	627	delegated by law in effect at the time this compact becomes
628	628	effective.
629	629	Sec. 794.003. EFFECT ON STATE LAWS. If the laws of this
630	630	state conflict with the compact or a rule adopted under the compact,
631	631	the compact or rule controls, except that if a conflict exists
632	632	between the compact or rule and the state constitution, as
633	633	determined by the courts of this state, the state constitution
634	634	controls.
635	635	Sec. 794.004. COMMISSIONER. (a) The governor shall
636	636	appoint a commissioner to be responsible for administration and
637	637	management of this state's participation in the compact.
638	638	(b) If the commissioner is unable to attend a specific
639	639	meeting of the commission, the governor shall delegate voting
640	640	authority for that meeting to another individual from this state.
641	641	(c) The commissioner serves at the will of the governor.
642	642	SECTION 2. This Act takes effect immediately if it receives
643	643	a vote of two-thirds of all the members elected to each house, as
644	644	provided by Section 39, Article III, Texas Constitution. If this
645	645	Act does not receive the vote necessary for immediate effect, this
646	646	Act takes effect September 1, 2023.