NATURAL RESOURCES CODE
CHAPTER 142. NATURAL ENERGY AND WATER RESOURCES COMPACT
§ 142.001. RATIFICATION. The compact set out in Section
142.005 of this code is ratified by this state.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, § 4, eff. June
13, 1979.
§ 142.002. APPOINTMENT OF COMMISSIONERS. When the
compact takes effect as provided in Article I, the governor, the
lieutenant governor, and the speaker of the house of
representatives shall each appoint a commissioner.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, § 4, eff. June
13, 1979.
§ 142.003. TERMS AND OATH OF COMMISSIONERS. (a) Each
commissioner serves a term of two years and until his successor is
appointed and has qualified.
(b) Each commissioner shall take the constitutional oath of
office and shall also take an oath to faithfully perform his duties
as commissioner.
(c) If a vacancy occurs in the office of commissioner, the
original appointing officer shall appoint a successor to serve for
the unexpired portion of the term.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, § 4, eff. June
13, 1979.
§ 142.004. COMPENSATION. Each commissioner is entitled
to compensation and reimbursement for expenses as provided by
legislative appropriation.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, § 4, eff. June
13, 1979.
§ 142.005. TEXT OF COMPACT. The compact reads as
follows:
Article I. The states of Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas are eligible to ratify this compact. When three
of those states have ratified it, the compact takes effect as to
those three states. It takes effect as to others of them when they
ratify it.
Article II. (a) The purposes of this compact are to:
(1) provide for the conservation and wise utilization
of natural energy and water resources by party states;
(2) establish the relative importance of different
types of natural energy and water resources being used;
(3) promote comity among the party states and remove
causes of present and future controversies;
(4) foster the expeditious development of agriculture
and industry in the party states; and
(5) give priority to the exchange of natural energy
and water resources among the party states.
(b) To accomplish the purposes of this compact, the party
states pledge their mutual cooperation and their intention to
develop and execute appropriate programs.
Article III. (a) This compact applies within each party state
to individuals, associations, corporations, and governmental and
private entities claiming any right to the use of the natural energy
or water resources in a party state, except as otherwise provided in
this compact.
(b) Each party state agrees that within a reasonable time it
may enact laws designed to promote a free flow of natural energy and
water resources among all party states. These laws will not apply
to states that are not parties to this compact.
Article IV. (a) An administrative agency known as the
Interstate Natural Energy and Water Resources Commission is
created. Each party state shall appoint, in accordance with its
laws, three members of the commission. Members of the commission
are known as commissioners.
(b) The commission shall conduct studies and make
recommendations to the party states regarding the conservation and
wise utilization of natural energy and water resources by those
states. It shall recommend to the party states methods of
coordinating the exercise of state power to promote maximum
conservation and utilization of natural energy and water resources.
(c) The commission may meet as often as it considers
necessary, but it must meet at least once each year. At least once
each year the commission shall report its findings and
recommendations to the governor and legislature of each party
state.
(d) The commission shall organize and adopt rules and bylaws
for conducting its business. It shall adopt a seal. The commission
may not act on any matter except by an affirmative vote of a
majority of all commissioners serving on the commission.
(e) The commission shall elect annually from among its
members a chairman, vice-chairman, and treasurer. It shall appoint
a director who serves at its pleasure. The director is also
secretary of the commission. The director and treasurer shall be
bonded in an amount and in a manner determined by the commission.
The director is responsible for the appointment and discharge of
personnel. He shall establish personnel policies, retirement
programs, and employee benefit programs, subject to the approval of
the commission.
(f) The commission shall establish and maintain such
facilities as it considers necessary for transacting its business.
(g) For the purposes of this compact, the commission may
accept and use gifts or grants of money, equipment, or supplies from
any public or private legal entity and may accept and use the
services of personnel made available to it by any public or private
legal entity.
Article V. (a) Nothing in this compact shall be construed as:
(1) affecting the jurisdiction of any interstate
agency in which a party state participates;
(2) affecting the provisions of any interstate compact
to which a member state is a party, or any obligation of a member
state under such a compact;
(3) discouraging additional interstate compacts in
which one or more parties to this compact may be a party;
(4) discouraging the coordination of activities
regarding a specific natural resource or any aspect of natural
resource management;
(5) discouraging the establishment of
intergovernmental planning agencies within the area of the states
that are party to this compact; or
(6) limiting the jurisdiction or activities of any
participating government or any agency or officer of a
participating government except as expressly provided in this
compact.
Article VI. The commission shall submit to the governor and
legislature of each party state a budget of its estimated
expenditures for a period of time as is appropriate, based on the
laws of that state. Each budget of estimated expenditures shall
contain specific recommendations as to the apportionment of costs
among the party states.
Article VII. Any party state may, by legislative act and one
year's notice, withdraw from this compact.
Article VIII. The provisions of this compact are severable.
If any provision or application of it is held invalid, that does not
affect the validity of any other provision or application. The
provisions of this compact shall be construed liberally to
accomplish its purposes.
Article IX. This compact does not seek to affect political
balance within the federal system and shall not be construed as
requiring the consent of congress under Article I, Section 10,
United States Constitution.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, § 4, eff. June
13, 1979.
