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SENATE FLOOR VERSION
March 25, 2021
ENGROSSED HOUSE
BILL NO. 2296 By: Roberts (Dustin) of the
House
and
Bullard of the Senate
An Act relating to the Red River Boundary Commission;
re-creating Commission; providing for membership of
Commission; specifying members will serve wit hout
compensation; authorizing members to designate a
representative; specifying reimbursement methods;
providing for selection of chairperson; requiring
meeting; prescribing scope of Commission; requiring
report; specifying deadline for report; providing for
termination of Commission; providing certain
exemption from Oklahoma Sunset Law; authorizing
Governor to request commission from the State of
Texas; providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6110 of Title 74, unless there
is created a duplication in numbering, reads a s follows:
A. A Red River Boundary Commission is he reby re-created.
B. The Commission shall consist of the following persons:
1. The Governor or his or her designee;
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2. The Lieutenant Governor or his or her designee;
3. The Attorney General or his or her designee;
4. The President Pro Tempore of the Senate or his or her
designee; and
5. The Speaker of the House of Representatives or his or her
designee.
C. Members of the Commission shall serve without additional
compensation, each of whom may from t ime to time serve by and
through a person designated by the member in writing for that
purpose. Legislative members shall receive reimbursement from the
house in which they serve pursuant to the provisions of Section 456
of Title 74 of the Oklahoma Statut es. Other members of the
Commission who are state employees shall receive reimbursement
pursuant to the State Travel Reimbursement Act from the funds of
their employing agency.
D. Staffing for the Commission shall be provided by t he
Legislative Service B ureau.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6111 of Title 74, unless there
is created a duplication in numbering, reads as follows:
The chairperson of the Red River Boundary Comm ission shall be
jointly appointed by the Governor, the President Pro Tempore of the
Senate and the Speaker of the House of Representatives from the
Commission members identified in Section 1 of this act no later than
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thirty (30) days after the effective da te of this act. The first
meeting of the Red River Boundary Commission, as re -created in
Section 1 of this act, shall be held at the call of the chairperson
but no later than December 31, 2021.
SECTION 3. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 6112 of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. The Red River Boundary Commission shall confer and act in
conjunction with the represe ntatives to be appointed on behalf of
the State of Texas for the following purposes:
1. To evaluate the methods, surveys, historical maps and other
information used to establish the boundary line between this state
and the State of Texas in the Texoma Ar ea, as such area is defin ed
in the Texoma Area Boundary Agreement;
2. To 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 subsection C of Article II of Section 6106 of Title
74 of the Oklahoma Statutes;
3. To redraw the boundary line between this state and the State
of Texas on any real property for which the United States Army Corps
of Engineers granted an easement, prio r to August 31, 2000, to at
least two districts or authorities created under Section 59 of
Article XVI of the Texas Constitution for the construction,
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operation, and maintenance of a water pipeline and related
facilities in the Tex oma Area in order to nega te any effects the
boundary as it is currently drawn has on property interests
associated with such easements in the Texoma Area, and to redraw the
boundary on such real property so that there is no net loss of
property between eit her state so as to ensure that the redrawn
boundary does not increase the political power or influence of
either state, 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 subparagraph a of this paragraph
is unavailable;
4. To hold hearings and conference s in this state and in the
State of Texas as necessary to accomplish the purposes of this act;
and
5. To take other action, alone or in cooperation with the State
of Texas or the United States, necessary to accomplish the purposes
of this act.
B. No later than January 15, 2022, the Commission shall report
to the Governor, the Lieutenant Governor, the President Pro Tempore
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of the Senate, the 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 Texas regarding the amendment of the Texoma Area Boundary
Agreement to incorporate the boundary between this state and the
State of Texas in the Texoma Area as redrawn. No later than J uly
30, 2025, the Commission shall issue a final report to the Governor,
the Lieutenant Governor, the President Pro Tempore of the Senate,
the Speaker of the House of Representatives and appropriate
committees of the Legislature.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6113 of Title 74, unless there
is created a duplication in numbering, reads as follows:
The Red River Boundary Commission shall terminate up on the date
mutually agreed upon by a majority of the members of the Commission
pursuant to a formal motion for dissolution of the Commission after
its business has concluded. The provisions of Section 3921 of Title
74 of the Oklahoma Statutes shall not a pply to the Red River
Boundary Commission and the Commission may be dissolved only as
provided by this section.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6114 of Title 74, unless ther e
is created a duplication in numbering, reads as follows:
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The Governor of the State of Oklahoma is empowered and requested
to forward a copy of this act to the Governor of the State of Texas
and to request that the Governor or legislature of that state
appoint representatives of th e State of Texas to confer and act in
conjunction with the Commission for the purposes specified in this
act, with the understanding that each state will pay all expenses of
its respective representatives.
SECTION 6. It being immediately n ecessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ENER GY
March 25, 2021 - DO PASS