By: Gallego H.B. No. 3696
A BILL TO BE ENTITLED
AN ACT
relating to concurrent state and federal legislative jurisdiction
over units of the national park system in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 23, Parks and Wildlife
Code, is amended by adding Section 23.0011 to read as follows:
Sec. 23.0011. CIVIL AND POLITICAL RIGHTS OF PARK RESIDENTS.
The civil and political rights of a person who resides inside the
boundaries of Big Bend National Park and applicable portions of the
Rio Grande Wild & Scenic River are preserved and are not impaired by
this state's acceptance of concurrent legislative jurisdiction
under Section 23.051 of this chapter.
SECTION 2. Chapter 23, Parks & Wildlife Code, is amended by
adding Subchapter E, Section 23.051, to read as follows:
Sec. 23.051. Concurrent Legislative Jurisdiction. (a)
Simultaneously with the acceptance of concurrent legislative
jurisdictional authorized by subsection (b) of this section, the
Governor, on behalf of the state, shall cede to the United States
concurrent legislative jurisdiction over all lands and waters now
owned or hereafter acquired by the United States within the
boundaries of any unit of the national park system in the state that
are or would be, if not for this cession, under proprietorial
federal jurisdiction. This cession of jurisdiction will be
effective when an authorized official of the National Park Service,
United States Department of the Interior, accepts it in writing.
(b) Simultaneously with the cession of concurrent
legislative jurisdiction authorized by subsection (a) of this
section, the Governor, on behalf of the state, and shall accept from
an authorized official of the National Park Services, United States
Department of the Interior, a retrocession of concurrent
legislative jurisdiction over the lands and waters within the
boundaries of Big Bend National Park and the Rio Grande Wild and
Scenic River, Texas, that now are under exclusive federal
Jurisdiction.
SECTION 3. (a) Not later than October 1, 2011, the governor
shall forward a copy of this Act to an authorized official of the
National Park Service, United Sates Department of the Interior, to
request consideration and acceptance of the changes in jurisdiction
proposed in this Act.
(b) If the Governor receives written confirmation from an
authorized official of the National Park Service, United States
Department of the Interior, that the National Park Service accepts
the changes in jurisdiction made by this Act, the Governor shall
publish in the Texas Register a notice of that confirmation. The
Governor shall publish notice not later that the 21st day after the
date the confirmation is received.
SECTION 4. (a) Sections 1 and 2 of this Act will take effect
on the date of which the Governor publishes the notice required by
Section 3 of this Act. If the required notice is not published by
September 1, 2012, then sections 1 and 2 of this Act will have no
effect.
(b) Section 3 of this Act and this section take effect
immediately if this act 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 Section 3 and this section to take effect
immediately, Section 3 and this section take effect September 1,
2011.