BILL ANALYSIS C.S.H.B. 2337 By: Frank Homeland Security, Public Safety & Veterans' Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that while military bases operate under exclusively federal jurisdiction, most juvenile offenses in Texas are handled at the state and local level, which can create legal and procedural challenges when addressing juvenile delinquency on military bases as there is no established framework in Texas for state and local law enforcement agencies to operate within these federally controlled areas. The 2024 report by the Governor's Committee to Support the Military recommended that the legislature explore options to implement legislation allowing the federal government to transfer jurisdiction of juvenile misbehavior to the state on a subject matter, case-by-case, or installation-by-installation basis allowing concurrent jurisdiction for juvenile crimes, and the House Committee on Defense and Veterans' Affairs also made a recommendation to address this issue in its interim report to the 89th Texas Legislature. C.S.H.B. 2337 seeks to create a framework for establishing concurrent jurisdiction on military bases in Texas. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2337 amends the Government Code to authorize the governor, on written application of an authorized representative of the United States to the governor and in the name and on behalf of the state, to accept the establishment of the state's concurrent jurisdiction with the United States over land in Texas owned or acquired by the United States for an authorized military purpose. The bill authorizes an application to seek full or partial concurrent jurisdiction and authorizes the proposal to include land where no federal jurisdiction exists or land where the state previously ceded jurisdiction to the United States. The bill requires the application to meet the following criteria: state the name and position of the authorized representative and identify the federal law authorizing the representative to bind the United States in transactions involving the jurisdiction of the United States; state each subject matter over which concurrent jurisdiction is being established; if the application is submitted for the purpose of establishing concurrent jurisdiction over juvenile delinquency and status offenses, expressly state that purpose; be accompanied by proper evidence of the ownership or acquisition of the land; and include or have attached an accurate description by metes and bounds of the land that is the subject of the application. The bill defines "status offense" as conduct that a child commits that would not, under state law, be an offense if committed by an adult. C.S.H.B. 2337 requires the governor's acceptance of the establishment of concurrent jurisdiction to be written, to specify each element of the application that the governor accepts, including each subject matter over which such jurisdiction is being established, and to include a procedure allowing for the termination of the concurrent jurisdiction that is the subject of the application. The bill authorizes the governor to negotiate with the applicant the specific details regarding the termination procedure. The establishment of concurrent jurisdiction takes effect on the date on which the governor files the application, including the metes and bounds of the land, and the governor's written acceptance for recording with the secretary of state. C.S.H.B. 2337 requires the secretary of state, after recording the specified documents, to provide a certified copy of the documents to the authorized representative who applied for concurrent jurisdiction and to file the documents for recording with each county clerk of the county in which the land that is the subject of the application or notice is located. The bill authorizes a state agency or political subdivision, on the establishment of concurrent jurisdiction over land, to enter into a memorandum of understanding with any officer or agency of the United States for the purpose of coordinating and assigning duties with respect to the concurrent jurisdiction. For purposes of the bill's provisions, "state agency" means a state agency in any branch of state government and "political subdivision" includes a municipality, county, or any special-purpose district or authority. C.S.H.B. 2337 requires any establishment of concurrent jurisdiction under its provisions to include, at minimum, the concurrent jurisdiction retained under provisions relating to cession of jurisdiction to the United States and retention of authority to execute legal process. The bill exempts a state agency, a political subdivision of the state, and any officer, employee, or agent of the state agency or political subdivision from liability for acts or omissions occurring on land over which concurrent jurisdiction is established under the bill's provisions. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2337 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced required the application to the governor to state the subject matter over which the concurrent jurisdiction is being established, the substitute requires the application to state each subject matter over which concurrent jurisdiction is being established. The substitute omits the provisions of the introduced that did the following: required the application to state whether the United States is applying for the inclusion of, under the same terms of concurrent jurisdiction sought in the application, any future acquisition of land contiguous with land for which concurrent jurisdiction is established or is proposed to be established under the bill's provisions; required the governor's acceptance of the establishment of concurrent jurisdiction to specify whether the governor accepts the inclusion of future acquisitions of land; established that if the governor accepts concurrent jurisdiction for future acquisitions of land, the concurrent jurisdiction over the acquired land takes effect only if notice of the inclusion is provided to the governor, including an accurate description by metes and bounds of the acquired land, and the governor files the notice for recording with the secretary of state and takes effect on the date the governor files the notice; and required the secretary of state, after recording notice, to provide a certified copy to the person who provided it. The substitute includes provisions absent from the introduced that do the following: require the governor's acceptance of the establishment of concurrent jurisdiction to include a procedure allowing for the termination of that concurrent jurisdiction; and authorize the governor to negotiate with the applicant the specific details regarding the termination procedure. Whereas the introduced exempted the state from liability for acts or omissions occurring on land over which concurrent jurisdiction is established under the bill's provisions, the substitute exempts a state agency, a political subdivision of the state, and any officer, employee, or agent of the state agency or political subdivision from such liability.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2337
By: Frank
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Substituted)
C.S.H.B. 2337
By: Frank
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that while military bases operate under exclusively federal jurisdiction, most juvenile offenses in Texas are handled at the state and local level, which can create legal and procedural challenges when addressing juvenile delinquency on military bases as there is no established framework in Texas for state and local law enforcement agencies to operate within these federally controlled areas. The 2024 report by the Governor's Committee to Support the Military recommended that the legislature explore options to implement legislation allowing the federal government to transfer jurisdiction of juvenile misbehavior to the state on a subject matter, case-by-case, or installation-by-installation basis allowing concurrent jurisdiction for juvenile crimes, and the House Committee on Defense and Veterans' Affairs also made a recommendation to address this issue in its interim report to the 89th Texas Legislature. C.S.H.B. 2337 seeks to create a framework for establishing concurrent jurisdiction on military bases in Texas.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 2337 amends the Government Code to authorize the governor, on written application of an authorized representative of the United States to the governor and in the name and on behalf of the state, to accept the establishment of the state's concurrent jurisdiction with the United States over land in Texas owned or acquired by the United States for an authorized military purpose. The bill authorizes an application to seek full or partial concurrent jurisdiction and authorizes the proposal to include land where no federal jurisdiction exists or land where the state previously ceded jurisdiction to the United States. The bill requires the application to meet the following criteria: state the name and position of the authorized representative and identify the federal law authorizing the representative to bind the United States in transactions involving the jurisdiction of the United States; state each subject matter over which concurrent jurisdiction is being established; if the application is submitted for the purpose of establishing concurrent jurisdiction over juvenile delinquency and status offenses, expressly state that purpose; be accompanied by proper evidence of the ownership or acquisition of the land; and include or have attached an accurate description by metes and bounds of the land that is the subject of the application. The bill defines "status offense" as conduct that a child commits that would not, under state law, be an offense if committed by an adult. C.S.H.B. 2337 requires the governor's acceptance of the establishment of concurrent jurisdiction to be written, to specify each element of the application that the governor accepts, including each subject matter over which such jurisdiction is being established, and to include a procedure allowing for the termination of the concurrent jurisdiction that is the subject of the application. The bill authorizes the governor to negotiate with the applicant the specific details regarding the termination procedure. The establishment of concurrent jurisdiction takes effect on the date on which the governor files the application, including the metes and bounds of the land, and the governor's written acceptance for recording with the secretary of state. C.S.H.B. 2337 requires the secretary of state, after recording the specified documents, to provide a certified copy of the documents to the authorized representative who applied for concurrent jurisdiction and to file the documents for recording with each county clerk of the county in which the land that is the subject of the application or notice is located. The bill authorizes a state agency or political subdivision, on the establishment of concurrent jurisdiction over land, to enter into a memorandum of understanding with any officer or agency of the United States for the purpose of coordinating and assigning duties with respect to the concurrent jurisdiction. For purposes of the bill's provisions, "state agency" means a state agency in any branch of state government and "political subdivision" includes a municipality, county, or any special-purpose district or authority. C.S.H.B. 2337 requires any establishment of concurrent jurisdiction under its provisions to include, at minimum, the concurrent jurisdiction retained under provisions relating to cession of jurisdiction to the United States and retention of authority to execute legal process. The bill exempts a state agency, a political subdivision of the state, and any officer, employee, or agent of the state agency or political subdivision from liability for acts or omissions occurring on land over which concurrent jurisdiction is established under the bill's provisions.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2337 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced required the application to the governor to state the subject matter over which the concurrent jurisdiction is being established, the substitute requires the application to state each subject matter over which concurrent jurisdiction is being established. The substitute omits the provisions of the introduced that did the following: required the application to state whether the United States is applying for the inclusion of, under the same terms of concurrent jurisdiction sought in the application, any future acquisition of land contiguous with land for which concurrent jurisdiction is established or is proposed to be established under the bill's provisions; required the governor's acceptance of the establishment of concurrent jurisdiction to specify whether the governor accepts the inclusion of future acquisitions of land; established that if the governor accepts concurrent jurisdiction for future acquisitions of land, the concurrent jurisdiction over the acquired land takes effect only if notice of the inclusion is provided to the governor, including an accurate description by metes and bounds of the acquired land, and the governor files the notice for recording with the secretary of state and takes effect on the date the governor files the notice; and required the secretary of state, after recording notice, to provide a certified copy to the person who provided it. The substitute includes provisions absent from the introduced that do the following: require the governor's acceptance of the establishment of concurrent jurisdiction to include a procedure allowing for the termination of that concurrent jurisdiction; and authorize the governor to negotiate with the applicant the specific details regarding the termination procedure. Whereas the introduced exempted the state from liability for acts or omissions occurring on land over which concurrent jurisdiction is established under the bill's provisions, the substitute exempts a state agency, a political subdivision of the state, and any officer, employee, or agent of the state agency or political subdivision from such liability.
BACKGROUND AND PURPOSE
The bill author has informed the committee that while military bases operate under exclusively federal jurisdiction, most juvenile offenses in Texas are handled at the state and local level, which can create legal and procedural challenges when addressing juvenile delinquency on military bases as there is no established framework in Texas for state and local law enforcement agencies to operate within these federally controlled areas. The 2024 report by the Governor's Committee to Support the Military recommended that the legislature explore options to implement legislation allowing the federal government to transfer jurisdiction of juvenile misbehavior to the state on a subject matter, case-by-case, or installation-by-installation basis allowing concurrent jurisdiction for juvenile crimes, and the House Committee on Defense and Veterans' Affairs also made a recommendation to address this issue in its interim report to the 89th Texas Legislature. C.S.H.B. 2337 seeks to create a framework for establishing concurrent jurisdiction on military bases in Texas.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2337 amends the Government Code to authorize the governor, on written application of an authorized representative of the United States to the governor and in the name and on behalf of the state, to accept the establishment of the state's concurrent jurisdiction with the United States over land in Texas owned or acquired by the United States for an authorized military purpose. The bill authorizes an application to seek full or partial concurrent jurisdiction and authorizes the proposal to include land where no federal jurisdiction exists or land where the state previously ceded jurisdiction to the United States. The bill requires the application to meet the following criteria:
state the name and position of the authorized representative and identify the federal law authorizing the representative to bind the United States in transactions involving the jurisdiction of the United States;
state each subject matter over which concurrent jurisdiction is being established;
if the application is submitted for the purpose of establishing concurrent jurisdiction over juvenile delinquency and status offenses, expressly state that purpose;
be accompanied by proper evidence of the ownership or acquisition of the land; and
include or have attached an accurate description by metes and bounds of the land that is the subject of the application.
The bill defines "status offense" as conduct that a child commits that would not, under state law, be an offense if committed by an adult.
C.S.H.B. 2337 requires the governor's acceptance of the establishment of concurrent jurisdiction to be written, to specify each element of the application that the governor accepts, including each subject matter over which such jurisdiction is being established, and to include a procedure allowing for the termination of the concurrent jurisdiction that is the subject of the application. The bill authorizes the governor to negotiate with the applicant the specific details regarding the termination procedure. The establishment of concurrent jurisdiction takes effect on the date on which the governor files the application, including the metes and bounds of the land, and the governor's written acceptance for recording with the secretary of state.
C.S.H.B. 2337 requires the secretary of state, after recording the specified documents, to provide a certified copy of the documents to the authorized representative who applied for concurrent jurisdiction and to file the documents for recording with each county clerk of the county in which the land that is the subject of the application or notice is located. The bill authorizes a state agency or political subdivision, on the establishment of concurrent jurisdiction over land, to enter into a memorandum of understanding with any officer or agency of the United States for the purpose of coordinating and assigning duties with respect to the concurrent jurisdiction. For purposes of the bill's provisions, "state agency" means a state agency in any branch of state government and "political subdivision" includes a municipality, county, or any special-purpose district or authority.
C.S.H.B. 2337 requires any establishment of concurrent jurisdiction under its provisions to include, at minimum, the concurrent jurisdiction retained under provisions relating to cession of jurisdiction to the United States and retention of authority to execute legal process. The bill exempts a state agency, a political subdivision of the state, and any officer, employee, or agent of the state agency or political subdivision from liability for acts or omissions occurring on land over which concurrent jurisdiction is established under the bill's provisions.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2337 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced required the application to the governor to state the subject matter over which the concurrent jurisdiction is being established, the substitute requires the application to state each subject matter over which concurrent jurisdiction is being established. The substitute omits the provisions of the introduced that did the following:
required the application to state whether the United States is applying for the inclusion of, under the same terms of concurrent jurisdiction sought in the application, any future acquisition of land contiguous with land for which concurrent jurisdiction is established or is proposed to be established under the bill's provisions;
required the governor's acceptance of the establishment of concurrent jurisdiction to specify whether the governor accepts the inclusion of future acquisitions of land;
established that if the governor accepts concurrent jurisdiction for future acquisitions of land, the concurrent jurisdiction over the acquired land takes effect only if notice of the inclusion is provided to the governor, including an accurate description by metes and bounds of the acquired land, and the governor files the notice for recording with the secretary of state and takes effect on the date the governor files the notice; and
required the secretary of state, after recording notice, to provide a certified copy to the person who provided it.
The substitute includes provisions absent from the introduced that do the following:
require the governor's acceptance of the establishment of concurrent jurisdiction to include a procedure allowing for the termination of that concurrent jurisdiction; and
authorize the governor to negotiate with the applicant the specific details regarding the termination procedure.
Whereas the introduced exempted the state from liability for acts or omissions occurring on land over which concurrent jurisdiction is established under the bill's provisions, the substitute exempts a state agency, a political subdivision of the state, and any officer, employee, or agent of the state agency or political subdivision from such liability.