Oklahoma 2022 Regular Session

Oklahoma House Bill HB2296 Compare Versions

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	30	+	March 25, 2021
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3	34		BILL NO. 2296 By: Roberts (Dustin) of the
4	35		House
5	36
6	37		and
7	38
8	39		Bullard of the Senate
9		-
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15	45		An Act relating to the Red River Boundary Commission;
16	46		re-creating Commission; providing for membership of
17	47		Commission; specifying members will serve wit hout
18	48		compensation; authorizing members to designate a
19	49		representative; specifying reimbursement methods;
20	50		providing for selection of chairperson; requiring
21	51		meeting; prescribing scope of Commission; requiring
22	52		report; specifying deadline for report; providing for
23	53		termination of Commission; providing certain
24	54		exemption from Oklahoma Sunset Law; authorizing
25	55		Governor to request commission from the State of
26	56		Texas; providing for codification; and declaring an
27	57		emergency.
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31	61
32		-	SUBJECT: Red River Boundary Commission
33	62
34	63		BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
35		-
36	64		SECTION 1. NEW LAW A new section of law to be codified
37	65		in the Oklahoma Statutes as Section 6110 of Title 74, unless there
38	66		is created a duplication in numbering, reads a s follows:
39		-
40	67		A. A Red River Boundary Commission is he reby re-created.
41		-
42	68		B. The Commission shall consist of the following persons:
43		-
44	69		1. The Governor or his or her designee;
45	70
46		-	2. The Lieutenant Governor or his or her designee; ENR. H. B. NO. 2296 Page 2
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47	96
	97	+	2. The Lieutenant Governor or his or her designee;
48	98		3. The Attorney General or his or her designee;
49		-
50		-	4. The President Pro Tempore of the Oklahoma State Senate or
51		-	his or her designee; and
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53		-	5. The Speaker of the Oklahoma House of Representatives or his
54		-	or her designee.
55		-
	99	+	4. The President Pro Tempore of the Senate or his or her
	100	+	designee; and
	101	+	5. The Speaker of the House of Representatives or his or her
	102	+	designee.
56	103		C. Members of the Commission shall serve without additional
57	104		compensation, each of whom may from t ime to time serve by and
58	105		through a person designated by the member in writing for that
59	106		purpose. Legislative members shall receive reimbursement from the
60	107		house in which they serve pursuant to the provisions of Section 456
61	108		of Title 74 of the Oklahoma Statut es. Other members of the
62	109		Commission who are state employees shall receive reimbursement
63	110		pursuant to the State Travel Reimbursement Act from the funds of
64	111		their employing agency.
65		-
66	112		D. Staffing for the Commission shall be provided by t he
67	113		Legislative Service B ureau.
68		-
69	114		SECTION 2. NEW LAW A new section of law to be codified
70	115		in the Oklahoma Statutes as Section 6111 of Title 74, unless there
71	116		is created a duplication in numbering, reads as follows:
72		-
73	117		The chairperson of the Red River Boundary Comm ission shall be
74	118		jointly appointed by the Governor, the President Pro Tempore of the
75	119		Senate and the Speaker of the House of Representatives from the
76	120		Commission members identified in Section 1 of this act no later than
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77	148		thirty (30) days after the effective da te of this act. The first
78	149		meeting of the Red River Boundary Commission, as re -created in
79	150		Section 1 of this act, shall be held at the call of the chairperson
80	151		but no later than December 31, 2021.
81		-
82	152		SECTION 3. NEW LAW A new section of l aw to be codified
83	153		in the Oklahoma Statutes as Section 6112 of Title 74, unless there
84	154		is created a duplication in numbering, reads as follows:
85		-
86	155		A. The Red River Boundary Commission shall confer and act in
87	156		conjunction with the represe ntatives to be appointed on behalf of
88	157		the State of Texas for the following purposes:
89		-
90		-	1. To evaluate the methods, surveys, historical maps, and other
91		-	information used to establish the boundary line between this state ENR. H. B. NO. 2296 Page 3
	158	+	1. To evaluate the methods, surveys, historical maps and other
	159	+	information used to establish the boundary line between this state
92	160		and the State of Texas in the Texoma Ar ea, as such area is defin ed
93	161		in the Texoma Area Boundary Agreement;
94		-
95	162		2. To determine the location of the south bank of the Red River
96	163		as the bank was located and marked by the United States Army Corps
97	164		of Engineers before the beginning of construction of Lake Texoma, in
98	165		accordance with subsection C of Article II of Section 6106 of Title
99	166		74 of the Oklahoma Statutes;
100		-
101	167		3. To redraw the boundary line between this state and the State
102	168		of Texas on any real property for which the United States Army Corps
103	169		of Engineers granted an easement, prio r to August 31, 2000, to at
104	170		least two districts or authorities created under Section 59 of
105	171		Article XVI of the Texas Constitution for the construction,
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	173	+	SENATE FLOOR VERSION - HB2296 SFLR Page 4
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106	199		operation, and maintenance of a water pipeline and related
107	200		facilities in the Tex oma Area in order to nega te any effects the
108	201		boundary as it is currently drawn has on property interests
109	202		associated with such easements in the Texoma Area, and to redraw the
110	203		boundary on such real property so that there is no net loss of
111	204		property between eit her state so as to ensure that the redrawn
112	205		boundary does not increase the political power or influence of
113	206		either state, in accordance with:
114		-
115	207		a. the Lake Texoma preconstruction survey of the south
116	208		bank of the Red River prepared by the United States
117	209		Army Corps of Engineers, or
118		-
119	210		b. other historical records or documentation of the
120	211		United States Army Corps of Engineers identifying the
121	212		location of the south bank of the Red River, if the
122	213		survey described by subparagraph a of this paragraph
123	214		is unavailable;
124		-
125	215		4. To hold hearings and conference s in this state and in the
126	216		State of Texas as necessary to accomplish the purposes of this act;
127	217		and
128		-
129	218		5. To take other action, alone or in cooperation with the State
130	219		of Texas or the United States, necessary to accomplish the purposes
131	220		of this act.
132		-
133	221		B. No later than January 15, 2022, the Commission shall report
134	222		to the Governor, the Lieutenant Governor, the President Pro Tempore
135		-	of the Senate, the Speaker of the House of Representatives, and
136		-	appropriate committees of the Legislature the Commission's findings ENR. H. B. NO. 2296 Page 4
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	250	+	of the Senate, the Speaker of the House of Representatives and
	251	+	appropriate committees of the Legislature the Commission's findings
137	252		and recommendations concerning joint action by this state and the
138	253		State of Texas regarding the amendment of the Texoma Area Boundary
139	254		Agreement to incorporate the boundary between this state and the
140	255		State of Texas in the Texoma Area as redrawn. No later than J uly
141	256		30, 2025, the Commission shall issue a final report to the Governor,
142	257		the Lieutenant Governor, the President Pro Tempore of the Senate,
143		-	the Speaker of the House of Representatives, and appropriate
	258	+	the Speaker of the House of Representatives and appropriate
144	259		committees of the Legislature.
145		-
146	260		SECTION 4. NEW LAW A new section of law to be codified
147	261		in the Oklahoma Statutes as Section 6113 of Title 74, unless there
148	262		is created a duplication in numbering, reads as follows:
149		-
150	263		The Red River Boundary Commission shall terminate up on the date
151	264		mutually agreed upon by a majority of the members of the Commission
152	265		pursuant to a formal motion for dissolution of the Commission after
153	266		its business has concluded. The provisions of Section 3921 of Title
154	267		74 of the Oklahoma Statutes shall not a pply to the Red River
155	268		Boundary Commission and the Commission may be dissolved only as
156	269		provided by this section.
157		-
158	270		SECTION 5. NEW LAW A new section of law to be codified
159	271		in the Oklahoma Statutes as Section 6114 of Title 74, unless ther e
160	272		is created a duplication in numbering, reads as follows:
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162	300		The Governor of the State of Oklahoma is empowered and requested
163	301		to forward a copy of this act to the Governor of the State of Texas
164	302		and to request that the Governor or legislature of that state
165	303		appoint representatives of th e State of Texas to confer and act in
166	304		conjunction with the Commission for the purposes specified in this
167	305		act, with the understanding that each state will pay all expenses of
168	306		its respective representatives.
169		-
170	307		SECTION 6. It being immediately n ecessary for the preservation
171	308		of the public peace, health or safety, an emergency is hereby
172	309		declared to exist, by reason whereof this act shall take effect and
173	310		be in full force from and after its passage and approval.
174		-	ENR. H. B. NO. 2296 Page 5
175		-	Passed the House of Representatives the 3rd day of March, 2021.
176		-
177		-
178		-
179		-
180		-	Presiding Officer of the House
181		-	of Representatives
182		-
183		-
184		-	Passed the Senate the 21st day of April, 2021.
185		-
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187		-
188		-
189		-	Presiding Officer of the Senate
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192		-
193		-	OFFICE OF THE GOVERNOR
194		-	Received by the Office of the Governor this ____________________
195		-	day of ___________________, 20_______, at _______ o'clock _______ M.
196		-	By: _________________________________
197		-	Approved by the Governor of the State of Oklahoma this _________
198		-	day of ___________________, 20_______, at _______ o'clock _______ M.
199		-
200		-
201		-	_________________________________
202		-	Governor of the State of Oklahoma
203		-
204		-	OFFICE OF THE SECRETARY OF STATE
205		-	Received by the Office of the Secretary of State this __________
206		-	day of ___________________, 20_______, at _______ o'cl ock _______ M.
207		-	By: _________________________________
	311	+	COMMITTEE REPORT BY: COMMITTEE ON ENER GY
	312	+	March 25, 2021 - DO PASS