SRC-PNG S.B. 531 76(R)    BILL ANALYSIS


Senate Research CenterS.B. 531
By: Haywood
Border Affairs - Special
4/13/1999
As Filed


DIGEST 

Currently, the legal boundary line between Texas and Oklahoma is the
gradient boundary line along the south bank of the Red River subject to
avulsions since 1821.  An avulsion is the sudden and perceptible loss or
addition to land by the action of water, or a sudden change in the bed or
course of a stream.  A problem has arisen in identifying the boundary line
for law enforcement personnel, taxing authorities, and citizens on both
sides of  the  river.  This bill establishes the vegetation line along the
south bank of the Red River as the legal boundary between Texas and
Oklahoma.  

PURPOSE

As proposed, S.B. 7702 sets forth the Red River Boundary Compact providing
that the legal boundary between Texas and Oklahoma is the vegetation line
along the south bank of the Red River. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2A, Natural Resources Code, by adding Chapter 12,
as follows: 

CHAPTER 12.  RED RIVER BOUNDARY COMPACT

Sec.  12.001.  ADOPTION OF COMPACT.  Establishes that Texas enacts the Red
River Boundary Compact into law and enters into the compact with the State
of Oklahoma if that state legally joins in the compact in substantially the
form provided by Section 12.002. 

Sec.  12.002.  TEXT OF COMPACT.  Provides that the text of the Red River
Boundary Compact reads as follows: 

RED RIVER BOUNDARY COMPACT

ARTICLE I.  PURPOSE

(a) Establishes that the states of Texas and Oklahoma recognize certain
issues concerning the boundary between Oklahoma and Texas.   

(b) Sets forth the principal purpose of this compact as establishing an
identifiable boundary between Texas and Oklahoma, and certain other
purposes of this compact.   

ARTICLE II.  ESTABLISHMENT OF BOUNDARY

 (a) Defines "vegetation" and "vegetation line."

(b) Establishes that the permanent political boundary line between the
states of Texas and Oklahoma along the Red River is the vegetation line
along the south bank of the Red River except for the Texoma area, where the
boundary does not change.  Sets forth the boundaries for the Texoma area
and the location of the upper end of the normal pool elevation of Lake
Texoma. 
 
(c) Authorizes the party states to agree to share the cost or seek funding
from other sources to monument and maintain the boundary lines in the
Texoma area and along Lake Texoma.  
(d) Provides that the party states recognize the rules of accretion,
erosion, and avulsion should there be a change in the watercourse of the
Red River.  Provides that the states agree that accretion or erosion may
cause a change in the boundary if it causes a change in the vegetation
line.  Establishes that the states agree, with regard to avulsion, that a
change in the course of the Red River caused by an immediately perceivable
natural event that changes the vegetation line will change the boundary. 

ARTICLE III.  SOVEREIGNTY

Establishes that on the effective date of this compact, the party states
agree that the State of Oklahoma possesses sovereignty over all lands north
of the boundary line and the State of Texas possesses sovereignty over all
lands south of the boundary line.  Provides that this compact does not
change or affect the sovereign rights of federally recognized Indian tribes
over lands on either side of the boundary line.  Provides that those rights
continue to be established and defined by controlling federal law.  

ARTICLE IV.  PENDING LITIGATION

Provides that this compact does not affect the jurisdiction of any pending
litigation in the courts of  either of the party states or of the United
States concerning title to lands bordering the Red River.  Provides that
the states intend that such litigation continue in the trial and appellate
courts of the jurisdiction where pending, until the litigation is finally
determined. 

ARTICLE V.  PUBLIC RECORDS

(a) Establishes that all public records in either party state concerning
any lands the sovereignty over which is changed by this compact are
accepted as evidence of record title to such lands, to and including the
effective date of this compact, by the courts of the other state and the
federal courts. 

(b) Requires the recording officials of the counties of each party state to
accept for filing certified copies of documents of title previously filed
in the other state on lands the sovereignty over which is changed by this
compact.  Establishes that the acceptance of a document for filing has no
bearing on its legal effect or sufficiency.  Requires the recording
officials of the counties of each state to accept for filing documents of
title relating to lands the sovereignty over which is changed by this
compact, using legal descriptions derived from the land descriptions of the
other state. 

ARTICLE VI.  TAXES

(a) Provides that the lands the sovereignty over which is changed by this
compact are, after the effective date of this compact, subject to taxation
only by the state gaining sovereignty over the lands. 

(b) Provides that the taxes for the year of adoption of this compact for
property the jurisdiction over which is changed by this compact may be
lawfully imposed only by the state in which the property was located on
January 1 of the year of adoption of this compact. Authorizes the taxes for
the year of adoption to be levied and collected by that state, and any
liens or other rights accrued or accruing are fully recognized, except that
all liens or other rights arising out of the imposition of those taxes
must be claimed or asserted within five years after this compact takes
effect or they are barred. 

(c) Establishes that the party states recognize that the boundary will
change from time to time as a result of accretion, erosion, and avulsion
and agree that for the years subsequent to the year of adoption of this
compact, the state within which lands adjoining the boundary are located on
January 1 of each year has the right to levy and collect taxes for the
entire ensuing year.   
 
(d) Establishes that all taxes currently assessed by governmental entities
in each party state as to lands bordering or crossing the boundary line are
presumed to be correct as to acreage within the particular jurisdiction,
absent written competent proof to the contrary presented to the appropriate
taxing agencies.  Requires all such proof to be presented to the
appropriate taxing agencies before May 1 of the year following the year in
which this compact takes effect.  Establishes that in subsequent years it
is presumed that the acreage taxed in each jurisdiction for the previous
year was correct unless evidence of change is furnished. 

ARTICLE VII.  PROPERTY RIGHTS

Establishes that this compact does not change the title to any lands along
the Red River or the boundaries of those lands. 

ARTICLE VIII.  EFFECTIVE DATE

Provides that this compact takes effect when enacted by the states of Texas
and Oklahoma and consented to by the United States Congress. 

ARTICLE IX.   ENFORCEMENT

(a) Establishes that this compact does not limit or prevent either party
state from instituting or maintaining any action or proceeding, legal or
equitable, in any court having jurisdiction, for the protection of any
right under this compact or the enforcement of any of its provisions. 

(b) Provides that this compact is not binding or obligatory on either party
state until it has been enacted by both states and consented to by the
United States Congress.  Requires notice of enactment  by each state to be
given by the governor of that state to the governor of the other state and
to the president of the United States.  Provides that the president is
requested to give notice to governors of the party states of the consent to
this compact by the United States Congress. 

ARTICLE X.  AMENDMENTS

Provides that this compact remains in full force and effect unless amended
in the same manner as it was created. 

Sec.  12.003.  NEGOTIATIONS TO RESOLVE DIFFERENCES.  Authorizes the
commissioner of the General Land Office (commissioner) to negotiate with
the appropriate Oklahoma representative to resolve any differences between
the states regarding matters covered by this compact, until the State of
Oklahoma enters into the Red River Boundary Compact in substantially the
form provided by Section 12.002.  Requires the commissioner to conduct the
negotiations in cooperation with the Red River Boundary Commission.
Requires the commissioner to report annually to the governor of this state,
or more frequently if necessary, on the status of the negotiations. 

Sec.  12.004.  IMPLEMENTATION OF COMPACT.  Authorizes the commissioner to
negotiate with the appropriate Oklahoma representative to establish
procedures for implementation of the compact, upon the State of Oklahoma
entering into the Red River Boundary Compact in substantially the form
provided in Section 12.002.   Requires the commissioner to conduct the
negotiations in cooperation with the Red River Boundary Commission.
Requires the commissioner to report annually to the governor of this state,
or more frequently if necessary, on the status of the negotiations.
Requires a procedure for implementing a provision of the compact to be
approved by the governor of this state. 

SECTION 2. Emergency clause.
  Effective date: upon passage.