HBA-JEK H.B. 2494 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2494
By: Haggerty
Corrections
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

The  Council of State Governments and the National Institute of Corrections
have drafted the Interstate Compact for Adult Offender Supervision
(interstate compact), a new compact for the management, monitoring, and
supervision of adult parolees and probationers who are located in states
other than the state in which they were sentenced.  The interstate compact
is currently enacted in 14 states and will become effective if it is
adopted into law by 35 states.  House Bill 2494 enters Texas into the
interstate compact. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

ANALYSIS

House Bill 2494 amends the Government Code to enter Texas into and enact as
law the Interstate Compact for Adult Offender Supervision (Sec. 510.017).
The bill establishes the Texas State Council for Interstate Adult Offender
Supervision and sets forth the composition and terms of the council as well
as the duties of its executive director (Secs. 510.011-510.013).  The bill
requires the council to advise the compact administrator and the state's
commissioner, both appointed to the council by the governor.  In the event
that state laws conflict with the compact, the bill provides that the
compact controls unless the conflict is between the compact and the Texas
Constitution, in which case the Texas Constitution controls (Secs. 510.013,
510.014, and 510.016). 

H.B. 2494 establishes the Interstate Commission for Adult Offender
Supervision (commission) and sets forth its organizational structure,
meeting and voting procedures, powers and duties, and provisions regarding
the availability of the commission's records to the public and the
conditions under which a commission meeting is authorized to be closed to
the public.  The bill authorizes the commission to promulgate rules,
including transition rules and emergency rules, and provides subjects which
must be addressed by the rules within 12 months of the commission's first
meeting.  The bill also authorizes the commission to adopt suitable bylaws
to govern the management and operation of the commission (Art. I, Sec.
510.017).  The bill sets forth the composition of the commission (SECTION
3). 

The bill requires the commission to establish uniform procedures to manage
the interstate movement of adult offenders in the compacting states and to
monitor activities in noncompacting states that may affect compacting
states.  The bill sets forth that the purpose of the compact is to provide
for the promotion of public safety, the rights of victims, and the
tracking, supervision, and rehabilitation of offenders (Art. I, Sec.
510.017). 

H.B. 2494 requires the compacting states to cooperate with the commission
and report to the commission on issues or activities of concern to the
states.  The compact requires the commission to attempt to resolve any
disputes or other issues that are subject to the compact that may arise
among compacting states or noncompacting states and to enact a bylaw or
promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states (Art. IV, Sec.
510.017). 
 
The bill sets forth provisions regarding the commission's finances and
requires the commission to pay or provide for the payment of its reasonable
expenses.  The bill requires the commission to promulgate a rule and to
levy on and collect an annual assessment from each compacting state to
cover the cost of the commission's internal operations and activities (Art.
IX, Sec. 510.017).   

H.B. 2494 provides that any state is eligible to become a compacting state
and that the compact will be effective and binding upon legislative
enactment of the compact into law by at least 35 states.  The original
effective date will be the later of July 1, 2001 or when the 35th state
enacts the compact into law.  The bill prohibits an amendment from becoming
effective and binding unless it is enacted into law by unanimous consent of
all of the compacting states (Art. X, Sec. 510.017).  The bill sets forth
provisions regarding the withdrawal, default, termination, or reinstatement
of one of the compacting states and specifies that the provisions of the
compact are severable such that, if any part of the compact is deemed
unenforceable, the remaining provisions of the compact shall be enforceable
(Arts. XI and XII, Sec. 510.017). 

The bill authorizes the commission, upon majority vote of the compacting
states, to issue an advisory opinion regarding a conflict over the
interpretation of commission actions.  The provisions of this compact are
required to be liberally construed to effectuate its purposes (Art. XIII,
Sec. 510.017). 

H.B. 2494 repeals the uniform act for out-of-state probationer and parolee
supervision on the first anniversary of the compact's effective date
(SECTION 2). 

EFFECTIVE DATE

June 11, 2001.