CHAPTER 161. COMPACT FOR EDUCATION - Texas Statutes

EDUCATION CODE

TITLE 4. COMPACTS

CHAPTER 161. COMPACT FOR EDUCATION

Sec. 161.01. COMPACT ENTERED INTO: TEXT. The Compact for

Education is hereby entered into and enacted into law in the form

substantially as follows:

COMPACT FOR EDUCATION

Article I. Purpose and Policy

Section A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding

among executive, legislative, professional educational and lay

leadership on a nationwide basis at the State and local levels.

2. Provide a forum for the discussion, development,

crystallization and recommendation of public policy alternatives

in the field of education.

3. Provide a clearing house of information on matters relating to

educational problems and how they are being met in different

places throughout the Nation, so that the executive and

legislative branches of State Government and of local communities

may have ready access to the experience and record of the entire

country, and so that both lay and professional groups in the

field of education may have additional avenues for the sharing of

experience and the interchange of ideas in the formation of

public policy in education.

4. Facilitate the improvement of State and local educational

systems so that all of them will be able to meet adequate and

desirable goals in a society which requires continuous

qualitative and quantitative advance in educational

opportunities, methods and facilities.

Section B. It is the policy of this compact to encourage and

promote local and State initiative in the development,

maintenance, improvement and administration of educational

systems and institutions in a manner which will accord with the

needs and advantages of diversity among localities and States.

Section C. The party States recognize that each of them has an

interest in the quality and quantity of education furnished in

each of the other States, as well as in the excellence of its own

educational systems and institutions, because of the highly

mobile character of individuals within the Nation, and because

the products and services contributing to the health, welfare and

economic advancement of each State are supplied in significant

part by persons educated in other States.

Article II. State Defined

As used in this Compact, "State" means a State, territory, or

possession of the United States, the District of Columbia, or the

Commonwealth of Puerto Rico.

Article III. The Commission

Section A. The Education Commission of the States, hereinafter

called "the Commission," is hereby established. The Commission

shall consist of seven members representing each party State. One

of such members shall be the Governor or his designated

representative, and six shall be appointed by and serve at the

pleasure of the Governor, unless the laws of the State otherwise

provide. In addition to any other principles or requirements

which a State may establish for the appointment and service of

its members of the Commission, the guiding principle for the

composition of the membership on the Commission from each party

State shall be that the members representing such State shall, by

virtue of their training, experience, knowledge or affiliations

be in a position collectively to reflect broadly the interests of

the State Government, higher education, the State education

system, local education, lay and professional, public and

non-public educational leadership. Of those appointees, one may

be the head of a State agency or institution, designated by the

Governor, having responsibility for one or more programs of

public education. In addition to the members of the Commission

representing the party States, there may be not to exceed ten

non-voting commissioners selected by the steering committee for

terms of one year. Such commissioners shall represent leading

national organizations of professional educators or persons

concerned with educational administration.

Section B. The members of the Commission shall be entitled to one

vote each on the Commission. No action of the Commission shall be

binding unless taken at a meeting at which a majority of the

total number of votes on the Commission are cast in favor

thereof. Action of the Commission shall be only at a meeting at

which a majority of the commissioners are present. The Commission

shall meet at least once a year. In its bylaws, and subject to

such directions and limitations as may be contained therein, the

Commission may delegate the exercise of any of its powers to the

steering committee or the executive director, except for the

power to approve budgets or requests for appropriations, the

power to make policy recommendations pursuant to Article IV and

adoption of the annual report pursuant to Article III(j).

Section C. The Commission shall have a seal.

Section D. The Commission shall elect annually, from among its

members, a chairman, who shall be a Governor, a vice chairman and

a treasurer. The Commission shall provide for the appointment of

an executive director. Such executive director shall serve at the

pleasure of the Commission, and together with the treasurer and

such other personnel as the Commission may deem appropriate shall

be bonded in such amount as the Commission shall determine. The

executive director shall be secretary.

Section E. Irrespective of the civil service, personnel or other

merit system laws of any of the party States, the executive

director subject to the approval of the steering committee shall

appoint, remove or discharge such personnel as may be necessary

for the performance of the functions of the Commission, and shall

fix the duties and compensation of such personnel. The Commission

in its bylaws shall provide for their personnel policies and

programs of the Commission.

Section F. The Commission may borrow, accept or contract for the

services of personnel from any party jurisdiction, the United

States, or any subdivision or agency of the aforementioned

governments, or from any agency of two or more of the party

jurisdictions or their subdivisions.

Section G. The Commission may accept for any of its purposes and

functions under this compact any and all donations, and grants of

money, equipment, supplies, materials and services, conditional

or otherwise, from any State, the United States, or any other

governmental agency or from any person, firm, association,

foundation, or corporation, and may receive, utilize and dispose

of the same. Any donation or grant accepted by the Commission

pursuant to this paragraph or services borrowed pursuant to

paragraph (f) of this Article shall be reported in the annual

report of the Commission. Such report shall include the nature,

amount and conditions, if any, of the donation, grant, or

services borrowed, and the identity of the donor or lender.

Section H. The Commission may establish and maintain such

facilities as may be necessary for the transacting of its

business. The Commission may acquire, hold, and convey real and

personal property and any interest therein.

Section I. The Commission shall adopt bylaws for the conduct of

its business and shall have the power to amend and rescind these

bylaws. The Commission shall publish its bylaws in convenient

form and shall file a copy thereof and a copy of any amendment

thereto, with the appropriate agency or officer in each of the

party States.

Section J. The Commission annually shall make to the Governor and

legislature of each party State a report covering the activities

of the Commission for the preceding year. The Commission may make

such additional reports as it may deem desirable.

Article IV. Powers

In addition to authority conferred on the Commission by other

provisions of the compact, the Commission shall have authority

to:

1. Collect, correlate, analyze and interpret information and data

concerning educational needs and resources.

2. Encourage and foster research in all aspects of education, but

with special reference to the desirable scope of instruction,

organization, administration, and instructional methods and

standards employed or suitable for employment in public

educational systems.

3. Develop proposals for adequate financing of education as a

whole and at each of its many levels.

4. Conduct or participate in research of the types referred to in

this Article in any instance where the Commission finds that such

research is necessary for the advancement of the purposes and

policies of this compact, utilizing fully the resources of

national associations, regional compact organizations for higher

education, and other agencies and institutions, both public and

private.

5. Formulate suggested policies and plans for the improvement of

public education as a whole, or for any segment thereof, and make

recommendations with respect thereto available to the appropriate

governmental units, agencies and public officials.

6. Do such other things as may be necessary or incidental to the

administration of any of its authority or functions pursuant to

this compact.

Article V. Cooperation With Federal Government

Section A. If the laws of the United States specifically so

provided, or if administrative provision is made therefor within

the Federal Government, the United States may be represented on

the Commission by not to exceed ten representatives. Any such

representative or representatives of the United States shall be

appointed and serve in such manner as may be provided by or

pursuant to Federal law, and may be drawn from any one or more

branches of the Federal Government, but no such representative

shall have a vote on the Commission.

Section B. The Commission may provide information and make

recommendations to any executive or legislative agency or officer

of the Federal Government concerning the common educational

policies of the States, and may advise with any such agencies or

officers concerning any matter of mutual interest.

Article VI. Committees

Section A. To assist in the expeditious conduct of its business

when the full Commission is not meeting, the Commission shall

elect a steering committee of thirty members which, subject to

the provisions of this compact and consistent with the policies

of the Commission, shall be constituted and function as provided

in the bylaws of the Commission. One-third of the voting

membership of the steering committee shall consist of Governors,

and the remainder shall consist of other members of the

Commission. A Federal representative on the Commission may serve

with the steering committee, but without vote. The voting members

of the steering committee shall serve for terms of two years,

except that members elected to the first steering committee of

the Commission shall be elected as follows: fifteen for one year

and fifteen for two years. The chairman, vice chairman, and

treasurer of the Commission shall be members of the steering

committee and, anything in this paragraph to the contrary

notwithstanding, shall serve during their continuance in these

offices. Vacancies in the steering committee shall not affect its

authority to act, but the Commission at its next regularly

ensuing meeting following the occurrence of any vacancy shall

fill it for the unexpired term. No person shall serve more than

two terms as a member of the steering committee; provided that

service for a partial term of one year or less shall not be

counted toward the two-term limitation.

Section B. The Commission may establish advisory and technical

committees composed of State, local, and Federal officials, and

private persons to advise it with respect to any one or more of

its functions. Any advisory or technical committee may, on

request of the States concerned, be established to consider any

matter of special concern to two or more of the party States.

Section C. The Commission may establish such additional

committees as its bylaws may provide.

Article VII. Finance

Section A. The Commission shall advise the Governor or designated

officer or officers of each party State of its budget and

estimated expenditures for such period as may be required by the

laws of that party State. Each of the Commission's budgets of

estimated expenditures shall contain specific recommendations of

the amount or amounts to be appropriated by each of the party

States.

Section B. The total amount of appropriation requests under any

budget shall be apportioned among the party States. In making

such apportionment, the Commission shall devise and employ a

formula which takes equitable account of the populations and per

capita income levels of the party States.

Section C. The Commission shall not pledge the credit of any

party States. The Commission may meet any of its obligations in

whole or in part with funds available to it pursuant to Article

III(g) of this compact, provided that the Commission takes

specific action setting aside such funds prior to incurring an

obligation to be met in whole or in part in such manner. Except

where the Commission makes use of funds available to it pursuant

to Article III(g) thereof, the Commission shall not incur any

obligation prior to the allotment of funds by the party States

adequate to meet the same.

Section D. The Commission shall keep accurate accounts of all

receipts and disbursements. The receipts and disbursements of the

Commission shall be subject to the audit and accounting

procedures established by its bylaws. However, all receipts and

disbursements of funds handled by the Commission shall be audited

yearly by a qualified public accountant, and the report of the

audit shall be included in and become part of the annual reports

of the Commission.

Section E. The accounts of the Commission shall be open at any

reasonable time for inspection by duly constituted officers of

the party States and by any persons authorized by the Commission.

Section F. Nothing contained herein shall be construed to prevent

Commission compliance with laws relating to audit or inspection

of accounts by or on behalf of any government contributing to the

support of the Commission.

Article VIII. Eligible Parties; Entry into and Withdrawal

Section A. This compact shall have as eligible parties all

States, Territories, and Possessions of the United States, the

District of Columbia, and the Commonwealth of Puerto Rico. In

respect of any such jurisdiction not having a Governor, the term

"Governor," as used in this compact, shall mean the closest

equivalent official of such jurisdiction.

Section B. Any State or other eligible jurisdiction may enter

into this compact and it shall become binding thereon when it has

adopted the same: provided that in order to enter into initial

effect, adoption by at least ten eligible party jurisdictions

shall be required.

Section C. Adoption of the compact may be either by enactment

thereof or by adherence thereto by the Governor; provided that in

the absence of enactment, adherence by the Governor shall be

sufficient to make his State a party only until December 31,

1967. During any period when a State is participating in this

compact through gubernatorial action, the Governor shall appoint

those persons who, in addition to himself, shall serve as the

members of the Commission from his State, and shall provide to

the Commission an equitable share of the financial support of the

Commission from any source available to him.

Section D. Except for a withdrawal effective on December 31,

1967, in accordance with paragraph C of this Article, any party

State may withdraw from this compact by enacting a statute

repealing the same, but no such withdrawal shall take effect

until one year after the Governor of the withdrawing State has

given notice in writing of the withdrawal to the Governors of all

other party States. No withdrawal shall affect any liability

already incurred by or chargeable to a party State prior to the

time of such withdrawal.

Article IX. Construction and Severability

This compact shall be liberally construed so as to effectuate the

purposes thereof. The provisions of this compact shall be

severable and if any phrase, clause, sentence or provision of

this compact is declared to be contrary to the constitution of

any State or of the United States, or the application thereof to

any Government, agency, person or circumstance is held invalid,

the validity of the remainder of this compact and the

applicability thereof to any Government, agency, person or

circumstance shall not be affected thereby. If this compact shall

be held contrary to the constitution of any State participating

therein, the compact shall remain in full force and effect as to

the State affected as to all severable matters.

Acts 1971, 62nd Leg., p. 3019, ch. 994, Sec. 15, eff. Sept. 1,

1967.

Sec. 161.02. TEXAS REPRESENTATIVES. The Texas membership to the

Educational Commission of the States shall be the governor or his

designated representative and six citizens of the state,

including the state commissioner of education and the state

commissioner of higher education, who shall be appointed and

serve at the pleasure of the governor. These seven members shall

officially represent Texas on the Education Commission of the

States.

Acts 1971, 62nd Leg., p. 3024, ch. 994, Sec. 15, eff. Sept. 1,

1967. Amended by Acts 1989, 71st Leg., ch. 1000, Sec. 1, eff.

Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1087, Sec. 1, eff. Sept.

1, 1989.

Sec. 161.03. NOTICE OF MEETINGS. The governor's office shall

file with the secretary of state for publication in the Texas

Register a notice of the meetings of the Education Commission of

the States.

Acts 1971, 62nd Leg., p. 3024, ch. 994, Sec. 15, eff. Sept. 1,

1967. Amended by Acts 1989, 71st Leg., ch. 1000, Sec. 2, eff.

Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1087, Sec. 1, eff. Sept.

1, 1989.

Sec. 161.04. ANNUAL REPORT. Before October 1 of each year, the

Compact for Education Commissioners for Texas shall prepare and

file with the presiding officer of each house of the legislature

a complete and detailed report relating to the compact describing

the activities of and accounting for all funds received and

disbursed by the commissioners in the preceding fiscal year. The

report must be included as a part of the annual financial report

of the governor's office.

Added by Acts 1989, 71st Leg., ch. 1000, Sec. 2, eff. Sept. 1,

1989; Acts 1989, 71st Leg., ch. 1087, Sec. 1, eff. Sept. 1, 1989.