By: Phillips (Senate Sponsor - Estes) H.B. No. 3212
(In the Senate - Received from the House May 3, 2013;
May 6, 2013, read first time and referred to Committee on Natural
Resources; May 15, 2013, reported favorably by the following vote:
Yeas 11, Nays 0; May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
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.
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