Bill Text: TX HB3212 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the Red River Boundary Compact and the creation of the Red River Boundary Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB3212 Detail]
Download: Texas-2013-HB3212-Enrolled.html
H.B. No. 3212 |
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relating to the Red River Boundary Compact and the creation of the | ||
Red River Boundary Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 12, Natural Resources | ||
Code, is amended to read as follows: | ||
CHAPTER 12. RED RIVER BOUNDARY COMPACT; RED RIVER BOUNDARY | ||
COMMISSION | ||
SECTION 2. Chapter 12, Natural Resources Code, is amended | ||
by designating Sections 12.001 through 12.005 as Subchapter A and | ||
adding a heading to that subchapter to read as follows: | ||
SUBCHAPTER A. RED RIVER BOUNDARY COMPACT | ||
SECTION 3. Section 12.003, Natural Resources Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding any other provision of this subchapter, | ||
if the boundary in the Texoma area, as described by Article | ||
II(b)(1), Red River Boundary Compact, Section 12.002, is not marked | ||
in accordance with Article II of the compact, the Red River Boundary | ||
Commission shall confer and act jointly with representatives | ||
appointed on behalf of the State of Oklahoma to redraw the boundary | ||
in the Texoma area in accordance with the provisions of this | ||
chapter. | ||
SECTION 4. Chapter 12, Natural Resources Code, is amended | ||
by adding Subchapter B to read as follows: | ||
SUBCHAPTER B. RED RIVER BOUNDARY COMMISSION | ||
Sec. 12.051. DEFINITIONS. In this subchapter: | ||
(1) "Commission" means the Red River Boundary | ||
Commission. | ||
(2) "Texoma area" means the area defined by the Texoma | ||
Area Boundary Agreement. | ||
Sec. 12.052. CREATION OF COMMISSION. The Red River | ||
Boundary Commission is established to oversee the redrawing of the | ||
boundary between this state and the State of Oklahoma in the Texoma | ||
area. | ||
Sec. 12.053. MEMBERSHIP. (a) The commission is composed of | ||
five members appointed by the governor to represent: | ||
(1) private property owners; | ||
(2) local governments; | ||
(3) state elected officials; and | ||
(4) the general public. | ||
(b) The governor shall designate one member as the presiding | ||
officer of the commission. | ||
Sec. 12.054. COMPENSATION. A commission member is not | ||
entitled to receive compensation for service on the commission but | ||
may receive reimbursement for travel expenses incurred while | ||
conducting commission business. | ||
Sec. 12.055. STAFF SUPPORT. The General Land Office, the | ||
office of the attorney general, and the Texas Commission on | ||
Environmental Quality shall provide necessary staff support to the | ||
commission. | ||
Sec. 12.056. POWERS AND DUTIES. The commission shall | ||
confer and act jointly with representatives appointed on behalf of | ||
the State of Oklahoma to: | ||
(1) evaluate the methods, surveys, historical maps, | ||
and other information used to establish the boundary line between | ||
this state and the State of Oklahoma in the Texoma area; | ||
(2) determine the location of the south bank of the Red | ||
River as the bank was located and marked by the United States Army | ||
Corps of Engineers before the beginning of construction of Lake | ||
Texoma, in accordance with Article II(c), Red River Boundary | ||
Compact, Section 12.002; | ||
(3) redraw the boundary line between this state and | ||
the State of Oklahoma in the Texoma area in order to negate any | ||
effects the boundary as it is currently drawn has on property | ||
interests in the Texoma area, in accordance with: | ||
(A) the Lake Texoma preconstruction survey of the | ||
south bank of the Red River prepared by the United States Army Corps | ||
of Engineers; or | ||
(B) other historical records or documentation of | ||
the United States Army Corps of Engineers identifying the location | ||
of the south bank of the Red River, if the survey described by | ||
Subdivision (3)(A) is unavailable; | ||
(4) hold hearings and conferences in this state and in | ||
the State of Oklahoma as necessary to accomplish the purposes of | ||
this section; and | ||
(5) take other action, alone or in cooperation with | ||
the State of Oklahoma or the United States, necessary to accomplish | ||
the purposes of this section. | ||
Sec. 12.057. REPORTS. (a) Not later than January 15, 2015, | ||
the commission shall report to the governor, lieutenant governor, | ||
speaker of the house of representatives, and appropriate committees | ||
of the legislature the commission's findings and recommendations | ||
concerning joint action by this state and the State of Oklahoma | ||
regarding amendment of the Texoma Area Boundary Agreement to | ||
incorporate the boundary between this state and the State of | ||
Oklahoma in the Texoma area as redrawn. | ||
(b) Not later than July 30, 2015, the commission shall issue | ||
a final report to the governor, lieutenant governor, speaker of the | ||
house of representatives, and appropriate committees of the | ||
legislature. | ||
Sec. 12.058. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires December 31, 2015. | ||
SECTION 5. (a) As soon as practicable after the effective | ||
date of this Act, but not later than December 1, 2013, the governor | ||
shall appoint the members of the Red River Boundary Commission as | ||
established by Subchapter B, Chapter 12, Natural Resources Code, as | ||
added by this Act. | ||
(b) As soon as practicable after the members of the Red | ||
River Boundary Commission are appointed, but not later than January | ||
30, 2014, the members shall conduct the first meeting of the Red | ||
River Boundary Commission. | ||
SECTION 6. 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, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3212 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 144, Nays 3, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3212 was passed by the Senate on May | ||
20, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |