Texas 2019 - 86th Regular

Texas House Bill HB329 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R3691 SLB-F
2	2	By: Nevárez H.B. No. 329
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to concurrent state and federal jurisdiction over units of
8	8	the national park system in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter A, Chapter 23, Parks
11	11	and Wildlife Code, is amended to read as follows:
12	12	SUBCHAPTER A. BIG BEND NATIONAL PARK; RIO GRANDE WILD AND SCENIC
13	13	RIVER
14	14	SECTION 2. Subchapter A, Chapter 23, Parks and Wildlife
15	15	Code, is amended by adding Sections 23.0011 and 23.003 to read as
16	16	follows:
17	17	Sec. 23.0011. CIVIL AND POLITICAL RIGHTS OF PARK RESIDENTS.
18	18	(a) The civil and political rights of a person who resides inside
19	19	the boundaries of Big Bend National Park or the Rio Grande Wild and
20	20	Scenic River are preserved and are not impaired by the operation of
21	21	concurrent jurisdiction under Sections 23.003 and 23.051.
22	22	(b) This section expires September 1, 2020, unless the
23	23	governor has received written acceptance of concurrent
24	24	jurisdiction under Section 23.051 by that date.
25	25	Sec. 23.003. RETROCESSION OF CONCURRENT JURISDICTION. (a)
26	26	Simultaneously with the cession of concurrent jurisdiction under
27	27	Section 23.051, the governor, on behalf of the state, shall accept
28	28	from an authorized official of the National Park Service, United
29	29	States Department of the Interior, a retrocession of concurrent
30	30	jurisdiction over territory that is:
31	31	(1) under exclusive federal jurisdiction; and
32	32	(2) in:
33	33	(A) Big Bend National Park; or
34	34	(B) the Rio Grande Wild and Scenic River.
35	35	(b) This section expires September 1, 2020, unless the
36	36	governor has received written acceptance of concurrent
37	37	jurisdiction under Section 23.051 by that date.
38	38	SECTION 3. Chapter 23, Parks and Wildlife Code, is amended
39	39	by adding Subchapter E to read as follows:
40	40	SUBCHAPTER E. JURISDICTION
41	41	Sec. 23.051. CESSION OF CONCURRENT JURISDICTION. (a) The
42	42	governor, on behalf of the state, shall cede to the United States
43	43	concurrent jurisdiction over territory that:
44	44	(1) is owned by the United States within the
45	45	boundaries of any unit of the national park system in this state;
46	46	and
47	47	(2) is or would be, if not for this cession, under
48	48	proprietorial federal jurisdiction.
49	49	(b) The cession of jurisdiction takes effect when an
50	50	authorized official of the National Park Service, United States
51	51	Department of the Interior, accepts it in writing.
52	52	(c) Not later than the 21st day after the written acceptance
53	53	is received in the governor's office, the governor shall provide a
54	54	copy of the acceptance to the secretary of state. The secretary of
55	55	state shall publish the acceptance in the Texas Register.
56	56	SECTION 4. (a) Not later than October 1, 2019, the governor
57	57	shall send a copy of this Act to an authorized official of the
58	58	National Park Service, United States Department of the Interior, to
59	59	request consideration and acceptance of the changes in jurisdiction
60	60	proposed in this Act.
61	61	(b) If the governor receives written confirmation from an
62	62	authorized official of the National Park Service, United States
63	63	Department of the Interior, that the National Park Service accepts
64	64	the changes in jurisdiction made by this Act, the governor shall
65	65	implement Section 23.051(c), Parks and Wildlife Code, as added by
66	66	this Act.
67	67	SECTION 5. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2019.