Texas 2025 - 89th Regular

Texas House Bill HB2337 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R21834~~ JCG-F
	1	+	89R3091 JCG-F
2	2		By: Frank H.B. No. 2337
3		-	Substitute the following for H.B. No. 2337:
4		-	By: Hefner C.S.H.B. No. 2337
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the concurrent jurisdiction of this state over United
12	10		States military installations with respect to certain subject
13	11		matters.
14	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	13		SECTION 1. Subchapter B, Chapter 2204, Government Code, is
16	14		amended by adding Section 2204.104 to read as follows:
17	15		Sec. 2204.104. AUTHORITY TO ACCEPT CONCURRENT JURISDICTION
18	16		OF THIS STATE OVER UNITED STATES MILITARY INSTALLATIONS. (a) In
19	17		this section:
20	18		(1) "Political subdivision" includes a municipality,
21	19		county, or any special-purpose district or authority.
22	20		(2) "State agency" means a state agency in any branch
23	21		of state government.
24	22		(3) "Status offense" means conduct that a child
25	23		commits that would not, under state law, be an offense if committed
26	24		by an adult.
27	25		(b) On written application of an authorized representative
28	26		of the United States to the governor, the governor, in the name and
29	27		on behalf of this state, may accept the establishment of concurrent
30	28		jurisdiction of this state with the United States over land in this
31	29		state owned or acquired by the United States under this subchapter
32	30		for a military purpose authorized by Section 2204.101. An
33	31		application may seek full or partial concurrent jurisdiction, and
34	32		the proposal may include land where no federal jurisdiction exists
35	33		or land where this state previously ceded jurisdiction to the
36	34		United States.
37	35		(c) The application under Subsection (b) must:
38	36		(1) state the name and position of the authorized
39	37		representative and identify the federal law authorizing the
40	38		representative to bind the United States in transactions involving
41	39		the jurisdiction of the United States;
42		-	(2) subject to Subdivision (3), state ~~each~~ subject
	40	+	(2) subject to Subdivision (3), state the subject
43	41		matter over which concurrent jurisdiction is being established;
44	42		(3) if the application is submitted for the purpose of
45	43		establishing concurrent jurisdiction over juvenile delinquency and
46	44		status offenses, expressly state that purpose;
47	45		(4) be accompanied by proper evidence of the ownership
48		-	or acquisition of the land; ~~and~~
	46	+	or acquisition of the land;
49	47		(5) include or have attached an accurate description
50	48		by metes and bounds of the land that is the subject of the
51		-	application.
	49	+	application; and
	50	+	(6) state whether the United States is applying for
	51	+	the inclusion of, under the same terms of concurrent jurisdiction
	52	+	sought in the application, any future acquisition of land
	53	+	contiguous with land for which concurrent jurisdiction is
	54	+	established or is proposed to be established under this section.
52	55		(d) The governor's acceptance under this section must:
53		-	(1) be written;
	56	+	(1) be written; and
54	57		(2) specify each element of the application that the
55		-	governor accepts, including each subject matter over which
56		-	concurrent jurisdiction is being established; and
57		-	(3) include a procedure allowing for the termination
58		-	of the concurrent jurisdiction that is the subject of the
59		-	application.
60		-	(e) The governor may negotiate with the applicant the
61		-	specific details regarding the termination procedure required by
62		-	Subsection (d)(3).
63		-	(f) The establishment of concurrent jurisdiction under this
64		-	section takes effect on the date on which the governor files the
65		-	following documents for recording with the secretary of state:
	58	+	governor accepts, including:
	59	+	(A) each subject matter over which concurrent
	60	+	jurisdiction is being established; and
	61	+	(B) whether the governor accepts the inclusion of
	62	+	future acquisitions of land as described by Subsection (c)(6).
	63	+	(e) Except as provided by Subsection (f), the establishment
	64	+	of concurrent jurisdiction under this section takes effect on the
	65	+	date on which the governor files the following documents for
	66	+	recording with the secretary of state:
66	67		(1) the application received under Subsection (b),
67	68		including the metes and bounds of the land; and
68	69		(2) the governor's written acceptance under Subsection
69	70		(d).
	71	+	(f) If the governor accepts concurrent jurisdiction for
	72	+	future acquisitions of land as described by Subsection (c)(6), the
	73	+	concurrent jurisdiction over the acquired land:
	74	+	(1) takes effect only if:
	75	+	(A) notice of the inclusion is provided to the
	76	+	governor, including an accurate description by metes and bounds of
	77	+	the acquired land; and
	78	+	(B) the governor files for recording with the
	79	+	secretary of state the documents described by Paragraph (A); and
	80	+	(2) takes effect on the date the governor files the
	81	+	documents under Subdivision (1)(B).
70	82		(g) After recording the documents filed under Subsection
71		-	(f), the secretary of state shall:
	83	+	(e) or (f)(1)(B), the secretary of state shall:
72	84		(1) provide a certified copy of the documents to the
73		-	authorized representative who applied under Subsection (b); and
	85	+	authorized representative who applied under Subsection (b) or
	86	+	otherwise the person who provided notice under Subsection (f); and
74	87		(2) file the documents for recording with each county
75	88		clerk of the county in which the land that is the subject of the
76	89		application or notice is located.
77	90		(h) On the establishment of concurrent jurisdiction over
78	91		land under this section, a state agency or political subdivision
79	92		may enter into a memorandum of understanding with any officer or
80	93		agency of the United States for the purpose of coordinating and
81	94		assigning duties with respect to the concurrent jurisdiction.
82	95		(i) Any establishment of concurrent jurisdiction under this
83	96		section must include, at minimum, the concurrent jurisdiction
84	97		retained under Section 2204.103.
85		-	(j) A state agency, a political subdivision of this state,
86		-	and any officer, employee, or agent of the state agency or political
87		-	subdivision is not liable for acts or omissions occurring on land
88		-	over which concurrent jurisdiction is established under this
89		-	section.
	98	+	(j) This state is not liable for acts or omissions occurring
	99	+	on land over which concurrent jurisdiction is established under
	100	+	this section.
90	101		SECTION 2. The heading to Section 2204.103, Government
91	102		Code, is amended to read as follows:
92	103		Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES;
93	104		RETENTION OF AUTHORITY TO EXECUTE LEGAL PROCESS.
94	105		SECTION 3. This Act takes effect immediately if it receives
95	106		a vote of two-thirds of all the members elected to each house, as
96	107		provided by Section 39, Article III, Texas Constitution. If this
97	108		Act does not receive the vote necessary for immediate effect, this
98	109		Act takes effect September 1, 2025.