By Ramsay, Homer, Hardcastle, Telford,                H.B. No. 1355
         76R9031 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the adoption of the Red River Boundary Compact.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subtitle A, Title 2, Natural Resources Code, is
 1-5     amended by adding Chapter 12 to read as follows:
 1-6                   CHAPTER 12.  RED RIVER BOUNDARY COMPACT
 1-7           Sec. 12.001.  ADOPTION OF COMPACT.  This state enacts the Red
 1-8     River Boundary Compact into law and enters into the compact with
 1-9     the State of Oklahoma if that state legally joins in the compact in
1-10     substantially the form provided by Section 12.002.
1-11           Sec. 12.002.  TEXT OF COMPACT.  The Red River Boundary
1-12     Compact reads as follows:
1-13                         RED RIVER BOUNDARY COMPACT
1-14                             ARTICLE I.  PURPOSE
1-15           (a)  The states of Texas and Oklahoma recognize that:
1-16                 (1)  there are actual and potential disputes,
1-17     controversies, criminal proceedings, and litigation arising, or
1-18     that may arise, out of the location of the boundary line between
1-19     the states along the Red River;
1-20                 (2)  the south bank of the Red River is the boundary
1-21     between the states along the Red River;
1-22                 (3)  the boundary between the states changes as a
1-23     result of the natural action of the river and, because of those
1-24     changes and the nature of the land, the south bank of the river is
1-25     often not readily or easily identified;
 2-1                 (4)  while the south bank, at any given time, may be
 2-2     located through expensive and time-consuming survey techniques,
 2-3     such surveys can, at best, identify the south bank only as it
 2-4     exists at the time of the survey;
 2-5                 (5)  locating the south bank through survey techniques
 2-6     is of minimal aid when agencies of the party states must locate the
 2-7     state boundary line for law enforcement, administrative, and
 2-8     taxation purposes; and
 2-9                 (6)  the interests of the party states are better
2-10     served by establishing the boundary between the states through use
2-11     of a readily identifiable natural landmark than through use of an
2-12     artificial survey line.
2-13           (b)  It is the principal purpose of the party states in
2-14     entering into this compact to establish an identifiable boundary
2-15     between the states of Texas and Oklahoma along the Red River as of
2-16     the effective date of this compact without interfering with or
2-17     otherwise affecting private property rights or title to property.
2-18     In addition, this compact serves the compelling purposes of:
2-19                 (1)  creation of a friendly and harmonious interstate
2-20     relationship;
2-21                 (2)  avoidance of multiple exercise of sovereignty and
2-22     jurisdiction, including matters of taxation, judicial and police
2-23     powers, and exercise of administrative authority;
2-24                 (3)  avoidance of lack of exercise of sovereignty and
2-25     jurisdiction over any lands along the boundary;
2-26                 (4)  avoidance of questions of venue in civil and
2-27     criminal proceedings that may arise as a result of incidents along
 3-1     the boundary and avoidance or minimization of future disputes and
 3-2     litigation;
 3-3                 (5)  promotion of economic and political stability; and
 3-4                 (6)  placement of the boundary at a location that can
 3-5     be visually identified or located without the necessity of a
 3-6     current survey and that is close to the historical boundary
 3-7     location.
 3-8                   ARTICLE II.  ESTABLISHMENT OF BOUNDARY
 3-9           (a)  In this article:
3-10                 (1)  "Vegetation" means trees, shrubs, grasses, and
3-11     other plant species that substantially cover the ground in relation
3-12     to trees, shrubs, grasses, and other plant species in the area
3-13     adjacent to the riverbed.
3-14                 (2)  "Vegetation line" means the visually identifiable
3-15     uniform line of vegetation that is adjacent to that portion of the
3-16     riverbed kept practically bare of vegetation by the natural flow of
3-17     the river and is continuous with the vegetation beyond the
3-18     riverbed.  Stray vegetation, patches of vegetation, or islands of
3-19     vegetation within the riverbed that do not form such a line are not
3-20     considered part of the vegetation line.  Where the riverbed is
3-21     entered by the inflow of another watercourse, the line constituting
3-22     the boundary is an artificial line formed by extending the
3-23     vegetation lines above and below the other watercourse uniformly
3-24     with the river to connect and cross the watercourse.  If the
3-25     vegetation line is altered or disturbed by man-made events in an
3-26     area, the line constituting the boundary is an artificial line
3-27     formed by extending the vegetation lines above and below the area
 4-1     of man-made alteration or disturbance uniformly with the river to
 4-2     connect and cross the area of man-made alteration or disturbance.
 4-3           (b)  The permanent political boundary line between the states
 4-4     of Texas and Oklahoma along the Red River is the vegetation line
 4-5     along the south bank of the Red River except for the Texoma area,
 4-6     where the boundary does not change.  For purposes of this compact:
 4-7                 (1)  the Texoma area extends from the east bank of
 4-8     Shawnee Creek (which flows into the Red River from the south
 4-9     approximately one-half mile below the Denison Dam) at its mouth to
4-10     the upper end of the normal pool elevation of Lake Texoma (which is
4-11     617 feet); and
4-12                 (2)  the upper end of the normal pool elevation of Lake
4-13     Texoma is along the latitude of 33 degrees 54 minutes as it crosses
4-14     the watercourse at the approximate location of longitude 96 degrees
4-15     59 minutes.
4-16           (c)  The party states may:
4-17                 (1)  agree to equally share the cost of monumenting and
4-18     maintaining the lines demarking both the boundary within the Texoma
4-19     area and the upper limit of the normal pool elevation in a manner
4-20     designed to make the boundary readily identifiable to the using
4-21     public; or
4-22                 (2)  seek funding from other sources for monumenting
4-23     and maintaining the lines.
4-24           (d)  Should there be a change in the watercourse of the Red
4-25     River, the party states recognize the rules of accretion, erosion,
4-26     and avulsion.  The states agree that accretion or erosion may cause
4-27     a change in the boundary between the states if it causes a change
 5-1     in the vegetation line.  With regard to avulsion, the states agree
 5-2     that a change in the course of the Red River caused by an
 5-3     immediately perceivable natural event that changes the vegetation
 5-4     line will change the location of the boundary between the states.
 5-5                          ARTICLE III.  SOVEREIGNTY
 5-6           On the effective date of this compact, the party states agree
 5-7     that the State of Oklahoma possesses sovereignty over all lands
 5-8     north of the boundary line established by this compact and that the
 5-9     State of Texas possesses sovereignty over all lands south of the
5-10     boundary line established by this compact.  This compact does not
5-11     change or affect in any manner the sovereignty rights of federally
5-12     recognized Indian tribes over lands on either side of the boundary
5-13     line established by this compact.  Those rights continue to be
5-14     established and defined by controlling federal law.
5-15                       ARTICLE IV.  PENDING LITIGATION
5-16           This compact does not affect the jurisdiction of any
5-17     litigation concerning the title to any of the lands bordering the
5-18     Red River pending in the courts of either of the party states or
5-19     the United States as of the effective date of this compact.  The
5-20     states intend that such litigation, if any, continue in the trial
5-21     and appellate courts of the jurisdiction where pending, until the
5-22     litigation is finally determined.
5-23                         ARTICLE V.  PUBLIC RECORDS
5-24           (a)  All public records in either party state concerning any
5-25     lands the sovereignty over which is changed by this compact are
5-26     accepted as evidence of record title to such lands, to and
5-27     including the effective date of this compact, by the courts of the
 6-1     other state and the federal courts.
 6-2           (b)  As to lands the sovereignty over which is changed by
 6-3     this compact, the recording officials of the counties of each party
 6-4     state shall accept for filing certified copies of documents of
 6-5     title previously filed in the other state.  The acceptance of a
 6-6     document for filing has no bearing on its legal effect or
 6-7     sufficiency, which is determined by the document itself and the
 6-8     real estate laws of the jurisdiction in which the land was located
 6-9     at the time the document was executed or took effect.  The
6-10     recording officials of the counties of each state shall accept for
6-11     filing documents of title relating to lands the sovereignty over
6-12     which is changed by this compact, using legal descriptions derived
6-13     from the land descriptions of the other state.
6-14                             ARTICLE VI.  TAXES
6-15           (a)  Except as provided by Subsections (b) and (c) of this
6-16     article, the lands the sovereignty over which is changed by this
6-17     compact are, after the effective date of this compact, subject to
6-18     taxation only by the state gaining sovereignty over the lands by
6-19     this compact.
6-20           (b)  Taxes for the year of adoption of this compact for
6-21     property the jurisdiction over which is changed by this compact may
6-22     be lawfully imposed only by the state in which the property was
6-23     located on January 1 of the year of adoption of this compact.  The
6-24     taxes for the year of adoption may be levied and collected by that
6-25     state or its authorized governmental subdivisions or agencies, and
6-26     any liens or other rights accrued or accruing, including the right
6-27     of collection, are fully recognized, except that all liens or other
 7-1     rights arising out of the imposition of those taxes must be claimed
 7-2     or asserted within five years after this compact takes effect or
 7-3     they are barred.
 7-4           (c)  The party states recognize that the boundary between the
 7-5     states will change from time to time as a result of the natural
 7-6     actions of accretion, erosion, and avulsion and agree that for
 7-7     years subsequent to the year of adoption of this compact, the state
 7-8     within which lands adjoining the boundary line are located on
 7-9     January 1 of each year has the right to levy and collect taxes for
7-10     the entire ensuing year.
7-11           (d)  All taxes currently assessed by governmental entities in
7-12     each party state as to lands that border or cross the boundary line
7-13     established by this compact are presumed to be correct as to
7-14     acreage within the particular jurisdiction, absent competent proof
7-15     to the contrary presented in writing by the property owner or
7-16     owners to the appropriate taxing agencies.  All such proof must be
7-17     presented to the appropriate taxing agencies before May 1 of the
7-18     year following the year in which this compact takes effect.  In
7-19     subsequent years it is presumed that the acreage taxed in each
7-20     jurisdiction for the previous year was correct unless evidence of
7-21     change is furnished to or obtained by the various taxing agencies
7-22     under rules and regulations adopted by those taxing agencies.
7-23                   ARTICLE VII.  PROPERTY AND WATER RIGHTS
7-24           This compact does not change:
7-25                 (1)  the title of any person or entity, public or
7-26     private, to any of the lands along the Red River;
7-27                 (2)  the boundaries of those lands;
 8-1                 (3)  the riparian rights of adjacent landowners;
 8-2                 (4)  the ownership of water or the water right of any
 8-3     person or entity, public or private; or
 8-4                 (5)  the regulation of water or water rights.
 8-5                        ARTICLE VIII.  EFFECTIVE DATE
 8-6           This compact takes effect when enacted by the states of Texas
 8-7     and Oklahoma and consented to by the United States Congress.
 8-8                          ARTICLE IX.  ENFORCEMENT
 8-9           (a)  This compact does not limit or prevent either party
8-10     state from instituting or maintaining any action or proceeding,
8-11     legal or equitable, in any court having jurisdiction, for the
8-12     protection of any right under this compact or the enforcement of
8-13     any of its provisions.
8-14           (b)  This compact is not binding or obligatory on either
8-15     party state unless and until it has been enacted by both states and
8-16     consented to by the United States Congress.  Notice of enactment of
8-17     this compact by each state shall be given by the governor of that
8-18     state to the governor of the other state and to the president of
8-19     the United States.  The president is requested to give notice to
8-20     the governors of the party states of the consent to this compact by
8-21     the United States Congress.
8-22                           ARTICLE X.  AMENDMENTS
8-23           This compact remains in full force and effect unless amended
8-24     in the same manner as it was created.
8-25           Sec. 12.003.  NEGOTIATIONS TO RESOLVE DIFFERENCES.  (a)
8-26     Until the State of Oklahoma enters into the Red River  Boundary
8-27     Compact in substantially the form provided by Section 12.002, the
 9-1     Commissioner of the General Land Office has the authority to
 9-2     negotiate with the appropriate Oklahoma representative to resolve
 9-3     any differences between the states of Texas and Oklahoma regarding
 9-4     matters covered by the compact.  The commissioner shall conduct the
 9-5     negotiations in cooperation with the Red River Boundary Commission
 9-6     created by H.C.R. No.  128, Acts of the 74th Legislature, Regular
 9-7     Session, 1995.
 9-8           (b)  The Commissioner of the General Land Office shall report
 9-9     annually to the governor of this state, or more frequently if
9-10     necessary, on the status of the negotiations.
9-11           Sec. 12.004.  IMPLEMENTATION OF COMPACT.  (a)  If the State
9-12     of Oklahoma enters into the Red River Boundary Compact in
9-13     substantially the form provided by Section 12.002, the Commissioner
9-14     of the General Land Office has the authority to negotiate with the
9-15     appropriate Oklahoma representative to establish procedures for
9-16     implementing the compact's provisions.  The commissioner shall
9-17     conduct the negotiations in cooperation with the Red River Boundary
9-18     Commission.
9-19           (b)  The Commissioner of the General Land Office shall report
9-20     annually to the governor of this state, or more frequently if
9-21     necessary, on the status of the negotiations.
9-22           (c)  A procedure for implementing a provision of the compact
9-23     must be approved by the governor of this state.
9-24           Sec. 12.005.  RELATION TO OTHER LAW.  The Red River Boundary
9-25     Compact does not affect the Red River Compact, the text of which is
9-26     set out in Section 46.013, Water Code.
9-27           SECTION 2.  The importance of this legislation and the
 10-1    crowded condition of the calendars in both houses create an
 10-2    emergency and an imperative public necessity that the
 10-3    constitutional rule requiring bills to be read on three several
 10-4    days in each house be suspended, and this rule is hereby suspended,
 10-5    and that this Act take effect and be in force from and after its
 10-6    passage, and it is so enacted.