85R4193 MTB-F     By: Hall S.B. No. 514       A BILL TO BE ENTITLED   AN ACT   relating to an interstate compact on border security and refugee   resettlement; 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 AND REFUGEE   RESETTLEMENT          Sec. 793.001.  DEFINITIONS. In this chapter:                (1)  "Alien" means an individual who is not a United   States citizen or United States national.                (2)  "Border security" means the security of a border   at which only those authorized to cross the border can do so and at   which every illegal crossing event between the legal ports of entry   is detected and stopped.                (3)  "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.                (4)  "Commission" means the Interstate Border Security   and Refugee Resettlement Commission.                (5)  "Commissioner" means the voting representative of   each compacting state appointed under the compact.                (6)  "Compact" means the Interstate Compact for Border   Security and Refugee Resettlement executed under Section 793.002.                (7)  "Compacting state" means any state that has   enacted the enabling legislation for this interstate compact.                (8)  "Illegal alien" means an alien located in a   compacting state who is deportable under Clause 4, Section 8,   Article I, United States Constitution, and who has entered the   United States illegally or who entered the United States legally,   but who has fallen "out of status."                (9)  "Rules" means acts of the commission adopted under   Article VII of the compact and substantially affecting interested   parties that have the force of law in the compacting states.          Sec. 793.002.  EXECUTION OF COMPACT. This state enacts the   Interstate Compact for Border Security and Refugee Resettlement and   enters into the compact with all other states legally joining in the   compact in substantially the following form:   INTERSTATE COMPACT FOR BORDER SECURITY AND REFUGEE RESETTLEMENT   ARTICLE I. PURPOSE          (a)  The compacting 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 states are authorized to form a dedicated   border security force with each state having an appropriate command   structure. Each compacting state's border security force shall be   administered by state law enforcement functions.          (c)  The compacting 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 states.          (d)  The border security forces from any compacting state may   operate in any other compacting 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 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, the Federal Aviation Administration, 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 each compacting state   while bound by the laws of that state are vested with broad law   enforcement powers necessary to track down illegal border crossers   and criminals and to enforce existing federal immigration laws.          (g)  A compacting state's border security forces are   granted, in accordance with the state's law, the authority to open   and operate as many checkpoints, including floating checkpoints,   along identified choke points with access to the interior of the   United States as are needed to identify and apprehend illegal   aliens.          (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:                (1)  provide operational control and border security   for international United States borders and coastlines adjacent to   compacting state borders;                (2)  provide internal immigration enforcement within   the compacting states' borders;                (3)  provide support to other compacting states if   illegal alien activity evolves into a specific threat to one or more   compacting states;                (4)  equitably distribute the costs, benefits, and   obligations of the compact among the compacting states;                (5)  ensure notification from the federal government at   least 60 days before the date refugees are resettled in a compacting   state, including access by a compacting state to vetting   information, security screening, in-person interviews, and health   assessments of refugees;                (6)  establish a compacting state's right to refuse a   refugee offered by the federal government for resettlement in the   state;                (7)  establish a refugee resettlement tracking program   among compacting states that:                      (A)  collects information on resettled refugees,   including the refugees' country of origin, historical and family   information, crime history, entry routes, fingerprints, and DNA   samples; and                      (B)  contains the information collected by   screening processes before a refugee arrives in the compacting   state at least 60 days before the refugee's arrival;                (8)  establish the compacting state's authority to   revoke refugee status from a refugee:                      (A)  who is convicted of a felony and, after the   appropriate sentence is served, hold the former refugee for   immediate return to the former refugee's country of origin; or                      (B)  who does not seek naturalization as provided   by Subdivision (12);                (9)  establish a comprehensive assimilation education   program that tracks the assimilation of refugees in accordance with   United States laws, history, and culture;                (10)  abolish the private agencies, operations, and   authorities in the compacting states performing refugee   resettlement functions and reapportion the federal contract funds   provided to those entities to the compacting states assuming those   functions;                (11)  establish standing for any legal action or brief   submitted to a federal court demanding injunctive relief from   federal executive orders that:                      (A)  are not in the best interests of the   compacting states; or                      (B)  do not comply with Clause 4, Section 8,   Article I, or Clause 2, Article VI, United States Constitution; and                (12)  establish a uniform time frame for revoking   refugee status from a refugee in a compacting state who does not   seek naturalization.          (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 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 states,   state legislatures, and the Secretary of the United States   Department of Homeland Security.          (j)  It is the policy of the compacting 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 state.   ARTICLE II. INTERSTATE BORDER SECURITY AND REFUGEE RESETTLEMENT   COMMISSION          (a)  The compacting states hereby create the Interstate   Border Security and Refugee Resettlement Commission. The   commission is a body corporate and joint agency of the compacting   states. The commission has all the responsibilities, powers, and   duties set forth in this compact, including the authority to sue and   be sued and additional powers as may be conferred on it by   subsequent action of the respective legislatures of the compacting   states in accordance with the terms of this compact.          (b)  The commission consists of commissioners selected and   appointed by each compacting state with qualifications, terms, and   conditions for removal determined by the appointing 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 V of the compact.   Public notice of meetings must include posting of meeting details   on the commission's website and the websites of compacting states.          (e)  The commission shall establish and provide procedures   for the appointment of an executive committee that includes   commission officers, members, and others as determined by the   bylaws.  The procedures must address qualifications and terms for   the executive committee.  The executive committee has 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 III. POWERS AND DUTIES OF THE INTERSTATE BORDER SECURITY   AND REFUGEE RESETTLEMENT COMMISSION          The commission has the following powers:                (1)  to adopt a seal and suitable bylaws governing the   management and operation of the commission;                (2)  to adopt rules in compliance with the compacting   states' laws 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;                (3)  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;                (4)  to establish and maintain offices;                (5)  to purchase and maintain insurance and bonds;                (6)  to borrow, accept, or contract for the services of   personnel, including members and their staffs;                (7)  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 II of the compact;                (8)  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,   including policies and programs relating to conflicts of interest,   rates of compensation, and qualifications of personnel;                (9)  to accept, receive, use, and dispose of donations   and grants of money, equipment, supplies, materials, and services;                (10)  to lease, purchase, or accept contributions or   donations of any property, or otherwise own, hold, improve, or use   any property, whether real, personal, or mixed;                (11)  to sell, convey, mortgage, pledge, lease,   exchange, abandon, or otherwise dispose of any property, whether   real, personal, or mixed;                (12)  to establish a budget and make expenditures and   impose assessments as provided in Article VIII of the compact;                (13)  to sue and be sued;                (14)  to provide for dispute resolution among   compacting states;                (15)  to perform any function necessary or appropriate   to achieve the purposes of this compact;                (16)  to report annually to the compacting states'   governors and legislatures and the Secretary of the United States   Department of Homeland Security concerning the activities of the   commission during the preceding year, including any   recommendations that may have been adopted by the commission;                (17)  to coordinate education, training, and public   awareness regarding border security and immigration enforcement   for officials involved in that activity; and                (18)  to establish uniform standards for the reporting,   collecting, and exchanging of data.   ARTICLE IV. ORGANIZATION AND OPERATION OF THE 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:                      (A)  for the establishment of committees; and                      (B)  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 state;                (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 establishing the   administration of the compact; and                (9)  establishing standards and procedures for   compliance and technical assistance in carrying out the compact.          (b)  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 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.          (c)  The commission shall, through its executive committee,   appoint or retain an executive director for the period, on the   terms, and for the compensation 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.          (d)  The commission shall maintain its corporate books and   records in accordance with the bylaws.          (e)  The commission shall defend the commissioner of a   compacting 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 the person.          (f)  The commission shall indemnify and hold the   commissioner of a compacting 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 V. COMMISSION ACTIVITIES          (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 authority   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).          (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   the 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), 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 the minutes.          (g)  The commission shall collect standardized data   concerning the interstate movement and activity of illegal aliens   within the compacting 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 VI. RULEMAKING FUNCTIONS OF COMMISSION          (a)  The commission shall adopt rules:                (1)  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; and                (2)  under criteria set forth in this article and the   bylaws and rules adopted under this article.          (b)  Rulemaking must 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,   Section 1 et seq.). All rules and amendments shall become binding   as of the date specified in the rule or amendment.          (c)  If a majority of the legislatures of the compacting   states rejects a rule, by enactment of a statute or resolution in   the same manner used to adopt the compact, the rule has no further   force and effect in any compacting state.          (c-1)  If a compacting state rejects a rule by enacting a   statute or resolution, the rule has no further force and effect in   that 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.          (e)  Not later than the 60th day after the date a rule is   adopted, an interested person may file a petition in the United   States District Court for 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, Section 1 et   seq.).          (f)  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 VII. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION   BY THE COMMISSION          (a)  The commission shall oversee the interstate movement of   illegal aliens in compacting states and the resettlement of   refugees in compacting states and shall monitor those activities   being administered in non-compacting states that may significantly   affect compacting states.          (b)  The courts and executive agencies in each compacting   state shall enforce this compact and shall take all action   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.          (c)  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.          (d)  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.          (e)  The commission, in the reasonable exercise of its   discretion, shall enforce the provisions of this compact using the   means set forth in Subsections (e), (f), (g), (h), and (i) of   Article X of the compact.   ARTICLE VIII. 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, the miles of international border in each   compacting state, and the number of refugees resettled in the   state. The commission shall adopt a rule that governs the   assessment and is binding on all compacting states.          (c)  The commission may not incur any obligation of any kind   before securing the funds adequate to meet the same, and the   commission may not pledge the credit of a compacting state, 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 IX. COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT          (a)  Any state is eligible to become a compacting 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 additional compacting state on:                (1)  approval of a majority of the compacting states;   and                (2)  enactment of the compact into law by that state.          (c)  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.          (d)  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   states until it is enacted into law by unanimous consent of the   compacting states.   ARTICLE X. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL   ENFORCEMENT          (a)  Once effective, the compact shall continue in force and   remain binding on a compacting state, provided that a compacting   state may withdraw from the compact by specifically repealing the   statute that enacted the compact into law. The effective date of   withdrawal is the effective date of the repeal of the statute that   enacted the compact into law.          (b)  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 not   later than the 60th day after the date of receipt of the written   notice.          (c)  The withdrawing state is responsible for all   assessments, obligations, and liabilities incurred through the   effective date of withdrawal, including any obligation the   performance of which extends beyond the effective date of   withdrawal.          (d)  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.          (e)  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:                (1)  fines, fees, and costs in amounts as are   considered reasonable as fixed by the commission;                (2)  remedial training and technical assistance as   directed by the commission; or                (3)  suspension and termination of membership in the   compact.          (f)  Suspension of a compacting state may 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.          (g)  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 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. Not later than   the 60th day after 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, the presiding   officers of the defaulting state's legislature, and the defaulting   state's attorney general.          (h)  The defaulting state is responsible for all   assessments, obligations, and liabilities incurred through the   effective date of termination, including any obligation the   performance of which extends beyond the effective date of   termination.          (i)  The commission may not bear any cost 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.          (j)  The 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 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.          (k)  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.          (l)  On the dissolution of the 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 XI. 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 XII. BINDING EFFECT OF COMPACT AND OTHER LAWS          (a)  This compact does not prevent the enforcement of any   other law of a compacting state that is not inconsistent with this   compact.          (b)  All agreements between the commission and the   compacting states are binding in accordance with their terms.          (c)  On the request of a party to a conflict over the meaning   or interpretation of a commission action, and on a majority vote of   the compacting states, the commission may issue an advisory opinion   regarding the meaning or interpretation.          (d)  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 STATE LAWS. If the laws of this   state conflict with the compact or a rule adopted under the compact,   the compact or rule controls, except that if a conflict exists   between the compact or rule and the state constitution, as   determined by the courts of this state, the state 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, 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, 2017.