Texas 2013 - 83rd Regular

Texas House Bill HB3212 Compare Versions

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1	1	By: Phillips (Senate Sponsor - Estes) H.B. No. 3212
2	2	(In the Senate - Received from the House May 3, 2013;
3	3	May 6, 2013, read first time and referred to Committee on Natural
4	4	Resources; May 15, 2013, reported favorably by the following vote:
5	5	Yeas 11, Nays 0; May 15, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Red River Boundary Compact and the creation of the
11	11	Red River Boundary Commission.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Chapter 12, Natural Resources
14	14	Code, is amended to read as follows:
15	15	CHAPTER 12. RED RIVER BOUNDARY COMPACT; RED RIVER BOUNDARY
16	16	COMMISSION
17	17	SECTION 2. Chapter 12, Natural Resources Code, is amended
18	18	by designating Sections 12.001 through 12.005 as Subchapter A and
19	19	adding a heading to that subchapter to read as follows:
20	20	SUBCHAPTER A. RED RIVER BOUNDARY COMPACT
21	21	SECTION 3. Section 12.003, Natural Resources Code, is
22	22	amended by adding Subsection (c) to read as follows:
23	23	(c) Notwithstanding any other provision of this subchapter,
24	24	if the boundary in the Texoma area, as described by Article
25	25	II(b)(1), Red River Boundary Compact, Section 12.002, is not marked
26	26	in accordance with Article II of the compact, the Red River Boundary
27	27	Commission shall confer and act jointly with representatives
28	28	appointed on behalf of the State of Oklahoma to redraw the boundary
29	29	in the Texoma area in accordance with the provisions of this
30	30	chapter.
31	31	SECTION 4. Chapter 12, Natural Resources Code, is amended
32	32	by adding Subchapter B to read as follows:
33	33	SUBCHAPTER B. RED RIVER BOUNDARY COMMISSION
34	34	Sec. 12.051. DEFINITIONS. In this subchapter:
35	35	(1) "Commission" means the Red River Boundary
36	36	Commission.
37	37	(2) "Texoma area" means the area defined by the Texoma
38	38	Area Boundary Agreement.
39	39	Sec. 12.052. CREATION OF COMMISSION. The Red River
40	40	Boundary Commission is established to oversee the redrawing of the
41	41	boundary between this state and the State of Oklahoma in the Texoma
42	42	area.
43	43	Sec. 12.053. MEMBERSHIP. (a) The commission is composed of
44	44	five members appointed by the governor to represent:
45	45	(1) private property owners;
46	46	(2) local governments;
47	47	(3) state elected officials; and
48	48	(4) the general public.
49	49	(b) The governor shall designate one member as the presiding
50	50	officer of the commission.
51	51	Sec. 12.054. COMPENSATION. A commission member is not
52	52	entitled to receive compensation for service on the commission but
53	53	may receive reimbursement for travel expenses incurred while
54	54	conducting commission business.
55	55	Sec. 12.055. STAFF SUPPORT. The General Land Office, the
56	56	office of the attorney general, and the Texas Commission on
57	57	Environmental Quality shall provide necessary staff support to the
58	58	commission.
59	59	Sec. 12.056. POWERS AND DUTIES. The commission shall
60	60	confer and act jointly with representatives appointed on behalf of
61	61	the State of Oklahoma to:
62	62	(1) evaluate the methods, surveys, historical maps,
63	63	and other information used to establish the boundary line between
64	64	this state and the State of Oklahoma in the Texoma area;
65	65	(2) determine the location of the south bank of the Red
66	66	River as the bank was located and marked by the United States Army
67	67	Corps of Engineers before the beginning of construction of Lake
68	68	Texoma, in accordance with Article II(c), Red River Boundary
69	69	Compact, Section 12.002;
70	70	(3) redraw the boundary line between this state and
71	71	the State of Oklahoma in the Texoma area in order to negate any
72	72	effects the boundary as it is currently drawn has on property
73	73	interests in the Texoma area, in accordance with:
74	74	(A) the Lake Texoma preconstruction survey of the
75	75	south bank of the Red River prepared by the United States Army Corps
76	76	of Engineers; or
77	77	(B) other historical records or documentation of
78	78	the United States Army Corps of Engineers identifying the location
79	79	of the south bank of the Red River, if the survey described by
80	80	Subdivision (3)(A) is unavailable;
81	81	(4) hold hearings and conferences in this state and in
82	82	the State of Oklahoma as necessary to accomplish the purposes of
83	83	this section; and
84	84	(5) take other action, alone or in cooperation with
85	85	the State of Oklahoma or the United States, necessary to accomplish
86	86	the purposes of this section.
87	87	Sec. 12.057. REPORTS. (a) Not later than January 15, 2015,
88	88	the commission shall report to the governor, lieutenant governor,
89	89	speaker of the house of representatives, and appropriate committees
90	90	of the legislature the commission's findings and recommendations
91	91	concerning joint action by this state and the State of Oklahoma
92	92	regarding amendment of the Texoma Area Boundary Agreement to
93	93	incorporate the boundary between this state and the State of
94	94	Oklahoma in the Texoma area as redrawn.
95	95	(b) Not later than July 30, 2015, the commission shall issue
96	96	a final report to the governor, lieutenant governor, speaker of the
97	97	house of representatives, and appropriate committees of the
98	98	legislature.
99	99	Sec. 12.058. EXPIRATION OF SUBCHAPTER. This subchapter
100	100	expires December 31, 2015.
101	101	SECTION 5. (a) As soon as practicable after the effective
102	102	date of this Act, but not later than December 1, 2013, the governor
103	103	shall appoint the members of the Red River Boundary Commission as
104	104	established by Subchapter B, Chapter 12, Natural Resources Code, as
105	105	added by this Act.
106	106	(b) As soon as practicable after the members of the Red
107	107	River Boundary Commission are appointed, but not later than January
108	108	30, 2014, the members shall conduct the first meeting of the Red
109	109	River Boundary Commission.
110	110	SECTION 6. This Act takes effect immediately if it receives
111	111	a vote of two-thirds of all the members elected to each house, as
112	112	provided by Section 39, Article III, Texas Constitution. If this
113	113	Act does not receive the vote necessary for immediate effect, this
114	114	Act takes effect September 1, 2013.
115	115	* * * * *