By: Haywood S.B. No. 1592
97S0731/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a Red River boundary compact between the States of
1-2 Texas and Oklahoma.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 11, Natural Resources Code,
1-5 is amended by adding Sections 11.019, 11.020, and 11.021 to read as
1-6 follows:
1-7 Sec. 11.019. RED RIVER BOUNDARY COMPACT. The Red River
1-8 Boundary Compact shall become effective when approved by the
1-9 legislatures of the State of Texas and the State of Oklahoma and
1-10 enacted into law by and approved by the Congress of the United
1-11 States.
1-12 Sec. 11.020. ORIGINAL COPY. An original copy of the compact
1-13 is on file in the office of the secretary of state.
1-14 Sec. 11.021. TEXT OF COMPACT. The Red River Boundary
1-15 Compact reads as follows:
1-16 PREAMBLE
1-17 The State of Texas and the State of Oklahoma pursuant to the
1-18 acts of their respective governors or legislatures, or both, being
1-19 moved by considerations of interstate comity, have resolved to
1-20 compact with respect to the boundary between the State of Texas and
1-21 the State of Oklahoma along the Red River.
1-22 The States of Texas and Oklahoma acting through their duly
1-23 authorized Commissions, after several years of negotiations, have
2-1 agreed on a historical, equitable and practical boundary and do
2-2 hereby submit and recommend that this Compact be adopted by the
2-3 respective legislatures and approved by the Congress of the United
2-4 States as hereinafter set forth:
2-5 ARTICLE I. PURPOSE
2-6 (a) The States of Oklahoma and Texas recognize that there
2-7 are actual and potential disputes, controversies, criminal
2-8 proceedings and litigation arising, or which may arise, out of the
2-9 location of the boundary line between the states along the Red
2-10 River.
2-11 (b) The party states recognize that the south bank of the
2-12 Red River is the boundary between the states along the Red River.
2-13 (c) The party states recognize the boundary between the
2-14 states changes as a result of the natural action of the river and
2-15 that, because of such changes and the nature of the land, the south
2-16 bank of the river is often not readily or easily identified.
2-17 (d) The party states further recognize that while the south
2-18 bank, at any given time, may be located through expensive and
2-19 time-consuming survey techniques, such surveys can, at best, only
2-20 identify the south bank as it exists at the time of the survey.
2-21 (e) Additionally, the party states recognize that the
2-22 location of the south bank through survey techniques is of minimal
2-23 aid to law enforcement and administrative agencies of the party
2-24 states when, for law enforcement, administrative and taxation
2-25 purposes, they must locate the state boundary line. The interest of
3-1 both party states is thus better served by establishing the
3-2 boundary between the states along the south bank of the Red River
3-3 through use of a readily indentifiable natural landmark, rather
3-4 than through use of an artificial survey line.
3-5 (f) It is the principal purpose of the party states in
3-6 executing this Compact to establish an identifiable boundary
3-7 between the State of Texas and the State of Oklahoma along the Red
3-8 River as of the effective date of this Compact without interfering
3-9 with or otherwise affecting private property rights or title to
3-10 property, and the party states declare that further compelling
3-11 purposes of the Compact are (1) creation of a friendly and
3-12 harmonious interstate relationship; (2) avoidance of multiple
3-13 exercise of sovereignty and jurisdiction, including matters of
3-14 taxation, judicial and police powers, and exercise of
3-15 administrative authority; (3) avoidance of lack of exercise of
3-16 sovereignty and jurisdiction over any lands along the boundary; (4)
3-17 avoidance of questions of venue in civil and criminal proceedings
3-18 which may arise as a result of incidents along the boundary and
3-19 avoid or minimize the future disputes and litigation; (5) promotion
3-20 of economic and political stability; and (6) placement of the
3-21 boundary at a location which can be visually identified or located
3-22 without the necessity of a current survey and which is close to the
3-23 historical boundary location.
3-24 ARTICLE II. ESTABLISHMENT OF BOUNDARY
3-25 (a) The permanent political boundary line between the States
4-1 of Texas and Oklahoma along the Red River shall be fixed at the
4-2 vegetation line along the south bank of the Red River as defined in
4-3 Section (b) of this Article, except for the boundary within the bed
4-4 of Lake Texoma (below the elevation of 645 feet), where the
4-5 boundary shall be the south bank of the Red River as determined at
4-6 the time of construction of the Denison Dam.
4-7 (b) As used in this Compact, the term "vegetation line" is
4-8 defined as follows:
4-9 The vegetation line is the uniform line of vegetation that is
4-10 adjacent to that portion of the river bed that is kept practically
4-11 bare of vegetation by the natural flow of the river. The
4-12 vegetation line is the visually identified consistent concentration
4-13 of vegetation that is continuous with the vegetation beyond the
4-14 river bed. The vegetation line may consist of trees, shrubs,
4-15 grasses, or other vegetation, but shall not include stray
4-16 vegetation, patches of vegetation or islands of vegetation within
4-17 the river bed that do not form a uniform line. Where the river bed
4-18 is entered by the inflow of other watercourses the vegetation line
4-19 shall be a uniform line connecting the uniform line of vegetation
4-20 above and below the inflow of the other watercourse. If the
4-21 vegetation line is indiscernible due to man-made events, the
4-22 vegetation line shall be a uniform line connecting the uniform line
4-23 of vegetation above and below the indiscernible area.
4-24 (c) The vegetation line, as defined, shall by virtue of this
4-25 Compact constitute the legal boundary between the party states and
5-1 remain the boundary as it changes and moves due to the flow of the
5-2 river, whether changed by accretion, avulsion or erosion.
5-3 (d) Should there be a change in the watercourse of the Red
5-4 River, the States of Texas and Oklahoma shall recognize the rules
5-5 of accretion, erosion and avulsion. Both states agree that
5-6 accretion or erosion may cause a change in the boundary between the
5-7 states. With regard to avulsion, both states agree that a change
5-8 in the course of the Red River caused by an immediately perceivable
5-9 natural event which changes the vegetation line will change the
5-10 location of the boundary between the states.
5-11 ARTICLE III. SOVEREIGNTY
5-12 On the effective date of this Compact, the party states agree
5-13 that, along the Red River, bounded on the west at approximately the
5-14 100th Meridian and bounded on the east at approximately the 94th
5-15 Meridian, the State of Oklahoma shall possess sovereignty over all
5-16 lands north of the vegetation line along the south bank of the Red
5-17 River, and the State of Texas shall possess sovereignty over all
5-18 lands south of the vegetation line along the south bank of the Red
5-19 River, provided, however, nothing herein is intended to change or
5-20 affect in any manner the sovereignty of rights of federally
5-21 recognized Indian tribes over lands on either side of the boundary
5-22 line established in this Compact, which rights shall continue to be
5-23 established and defined by controlling federal law.
5-24 ARTICLE IV. PENDING LITIGATION
5-25 Nothing in this Compact is intended to affect the
6-1 jurisdiction of any litigation concerning the title to any of the
6-2 lands bordering the Red River pending in the courts of either of
6-3 the party states or the United States as of the effective date of
6-4 this Compact. Such litigation, if any, shall continue in the trial
6-5 and appellate courts of the jurisdiction where pending until the
6-6 final determination thereof.
6-7 ARTICLE V. PUBLIC RECORDS
6-8 (a) All public records in either state concerning any lands,
6-9 the sovereignty over which is changed by virtue of this Compact,
6-10 shall be accepted as evidence of record title to such lands, to and
6-11 including the effective date of this Compact, by the courts of the
6-12 other state and the federal courts.
6-13 (b) As to lands the sovereignty over which is changed by
6-14 virtue of this Compact, the recording officials of the counties of
6-15 each state shall accept for filing certified copies of documents of
6-16 title previously filed in the other state. The acceptance of such
6-17 documents for filing shall have no bearing upon the legal effect or
6-18 sufficiency thereof, the same being determined by the documents
6-19 themselves and the real estate laws of the jurisdiction in which
6-20 the land was located at the time such instrument was executed or
6-21 effective. The recording officials of the counties of each state
6-22 shall accept for filing documents of title relating to lands the
6-23 sovereignty over which is changed by virtue of this Compact using
6-24 legal descriptions derived from the land descriptions of the other
6-25 state. The acceptance of such documents for filing shall have no
7-1 bearing upon the legal effect or sufficiency thereof.
7-2 ARTICLE VI. TAXES
7-3 (a) Taxes for the year of adoption of this Compact lawfully
7-4 imposed by either Texas or Oklahoma may be levied and collected on
7-5 property by such state or its authorized governmental subdivisions
7-6 and agencies on property, the jurisdiction over which is changed by
7-7 virtue of this Compact, and any liens or other rights accrued or
7-8 accruing, including the right of collection, shall be fully
7-9 recognized; provided, that all liens or other rights arising out of
7-10 the imposition of such taxes must be claimed or asserted within
7-11 five years after this Compact becomes effective and if not so
7-12 claimed or asserted shall be forever barred.
7-13 (b) Except as provided in Sections (a) and (d) of this
7-14 Article, the lands, sovereignty over which is changed by virtue of
7-15 this Compact, shall, after the effective date of this Compact, only
7-16 be subject to taxation by the state gaining sovereignty over the
7-17 land by virtue of this Compact.
7-18 (c) All taxes currently assessed by governmental entities in
7-19 each state as to lands which border and/or cross the boundary line
7-20 established by this Compact shall be presumed to be correct as to
7-21 acreage within the particular jurisdiction absent competent proof
7-22 to the contrary being presented in writing by the property owner or
7-23 owners to the appropriate taxing agencies. All such proof shall be
7-24 presented to the appropriate tax agencies prior to May 1 of the
7-25 year following the year in which this Compact becomes effective.
8-1 In subsequent years it shall be presumed that the acreage taxed in
8-2 each jurisdiction for the previous year was correct unless evidence
8-3 of change is furnished to or obtained by the various taxing
8-4 jurisdictions under rules and regulations as may be adopted by said
8-5 taxing authorities.
8-6 (d) The states recognize that the boundary between the
8-7 states will change from time to time as a result of the natural
8-8 actions of accretion, erosion, and/or avulsion and agree that for
8-9 subsequent years the state within which lands adjoining the
8-10 boundary line are located on January 1 of each year shall have the
8-11 right to impose and collect taxes for the entire ensuing year.
8-12 ARTICLE VII. PRIVATE RIGHTS
8-13 Nothing contained in the provisions of this Compact, or any
8-14 operation thereof, is intended to change the title of any person,
8-15 public or private, natural or artificial, to any of the lands
8-16 herein involved, whether such title to the lands arise or exist
8-17 upon the basis that the lands affected by the designation of
8-18 boundary as set forth in this Compact were previously a part of the
8-19 State of Texas and have now become a part of the State of Oklahoma,
8-20 or were previously a part of the State of Oklahoma and have now
8-21 become a part of the State of Texas, or otherwise.
8-22 ARTICLE VIII. EFFECTIVE DATE
8-23 This Compact shall become effective when approved by the
8-24 legislatures of the State of Texas and the State of Oklahoma and
8-25 enacted into law by and approved by the Congress of the United
9-1 States.
9-2 ARTICLE IX. ENFORCEMENT
9-3 (a) Nothing in this Compact shall be construed to limit or
9-4 prevent either party state from instituting or maintaining any
9-5 action or proceeding, legal or equitable, in any court having
9-6 jurisdiction, for the protection of any right under this Compact or
9-7 the enforcement of any of its provisions.
9-8 (b) This Compact is not binding or obligatory upon either
9-9 party state unless and until it has been enacted by each state and
9-10 approved by the Congress of the United States. Notice of enactment
9-11 of this Compact by Texas and Oklahoma shall be given by the
9-12 governor thereof to the governor of the other state and to the
9-13 President of the United States. The President is hereby requested
9-14 to give notice to the governors of Texas and Oklahoma of the
9-15 consent to this Compact by the Congress of the United States.
9-16 ARTICLE X. AMENDMENTS
9-17 This Compact shall remain in full force and effect unless
9-18 amended in the same manner as that by which it was created.
9-19 ARTICLE XI. FEDERAL SURFACE LANDS
9-20 In order to return use and control of certain lands currently
9-21 owned by the United States Government to private ownership, the
9-22 States of Texas and Oklahoma request the Congress to direct the
9-23 Bureau of Land Management to sell, by sealed bid under the Color of
9-24 Title Act (43 U.S.C. Section 1068 et seq.), the surface estate of
9-25 all federal land located between the 98th Meridian and the mouth of
10-1 the North Fork of the Red River to adjacent, riparian landowners.
10-2 The States of Texas and Oklahoma further request Congress to direct
10-3 the Bureau of Land Management to retain ownership of the minerals
10-4 and continue management of the mineral estate in such lands on
10-5 behalf of the Kiowa, Comanche and Apache Tribes as provided by law.
10-6 SECTION 2. This Act takes effect when approved by the
10-7 legislatures of the State of Texas and the State of Oklahoma and
10-8 enacted into law by and approved by the Congress of the United
10-9 States.
10-10 SECTION 3. The importance of this legislation and the
10-11 crowded condition of the calendars in both houses create an
10-12 emergency and an imperative public necessity that the
10-13 constitutional rule requiring bills to be read on three several
10-14 days in each house be suspended, and this rule is hereby suspended.