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
2-1 often not readily or easily identified;
2-2 (4) while the south bank, at any given time, may be
2-3 located through expensive and time-consuming survey techniques,
2-4 such surveys can, at best, identify the south bank only as it
2-5 exists at the time of the survey;
2-6 (5) locating the south bank through survey techniques
2-7 is of minimal aid when agencies of the party states must locate the
2-8 state boundary line for law enforcement, administrative, and
2-9 taxation purposes; and
2-10 (6) the interests of the party states are better
2-11 served by establishing the boundary between the states through use
2-12 of a readily identifiable natural landmark than through use of an
2-13 artificial survey line.
2-14 (b) It is the principal purpose of the party states in
2-15 entering into this compact to establish an identifiable boundary
2-16 between the states of Texas and Oklahoma along the Red River as of
2-17 the effective date of this compact without interfering with or
2-18 otherwise affecting private property rights or title to property.
2-19 In addition, this compact serves the compelling purposes of:
2-20 (1) creation of a friendly and harmonious interstate
2-21 relationship;
2-22 (2) avoidance of multiple exercise of sovereignty and
2-23 jurisdiction, including matters of taxation, judicial and police
2-24 powers, and exercise of administrative authority;
2-25 (3) avoidance of lack of exercise of sovereignty and
2-26 jurisdiction over any lands along the boundary;
2-27 (4) avoidance of questions of venue in civil and
3-1 criminal proceedings that may arise as a result of incidents along
3-2 the boundary and avoidance or minimization of future disputes and
3-3 litigation;
3-4 (5) promotion of economic and political stability; and
3-5 (6) placement of the boundary at a location that can
3-6 be visually identified or located without the necessity of a
3-7 current survey and that is close to the historical boundary
3-8 location.
3-9 ARTICLE II. ESTABLISHMENT OF BOUNDARY
3-10 (a) In this article:
3-11 (1) "Vegetation" means trees, shrubs, grasses, and
3-12 other plant species that substantially cover the ground. Whether
3-13 the vegetation substantially covers the ground is determined by
3-14 reference to the density of the coverage of the ground by trees,
3-15 shrubs, grasses, and other plant species in the area adjacent to
3-16 the relevant portion of the riverbed.
3-17 (2) "Vegetation line" means the visually identifiable
3-18 continuous line of vegetation that is adjacent to that portion of
3-19 the riverbed kept practically bare of vegetation by the natural
3-20 flow of the river and is continuous with the vegetation beyond the
3-21 riverbed. Stray vegetation, patches of vegetation, or islands of
3-22 vegetation within the riverbed that do not form such a line are not
3-23 considered part of the vegetation line. Where the riverbed is
3-24 entered by the inflow of another watercourse or is otherwise
3-25 interrupted or disturbed by a man-made event, the line constituting
3-26 the boundary is an artificial line formed by extending the
3-27 vegetation line above and below the other watercourse or
4-1 interrupted or disturbed area to connect and cross the watercourse
4-2 or area.
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 agree that the existing boundary within
4-17 the Texoma area begins at the intersection of the vegetation line
4-18 on the south bank of the Red River with the east bank of Shawnee
4-19 Creek. From this point, the boundary extends west along the south
4-20 bank of the Red River as the bank existed immediately before the
4-21 commencement of the construction of Lake Texoma. From Shawnee
4-22 Creek to Denison Dam, this boundary line is within the current
4-23 channel of the Red River. Within Lake Texoma, this boundary line
4-24 follows the south bank of the Red River as the bank was located and
4-25 marked by the United States Army Corps of Engineers before the
4-26 commencement of the construction of Lake Texoma.
4-27 (d) Within one year after the date the United States
5-1 Congress consents to this compact, the Commissioner of the General
5-2 Land Office of Texas and a designated member of the Oklahoma Red
5-3 River Boundary Commission shall:
5-4 (1) locate the boundary line within the Texoma area as
5-5 described by Subsection (c), using the survey that the United
5-6 States Army Corps of Engineers prepared in connection with the
5-7 construction of Lake Texoma and any other surveys, historical maps,
5-8 or other information that may be available;
5-9 (2) prepare a map of the boundary line; and
5-10 (3) file the map in the state library and archives of
5-11 each party state and with the Oklahoma Secretary of State, after
5-12 which the map will be a part of this compact.
5-13 (e) Within one year after the date the map is filed under
5-14 Subsection (d)(3), the United States Army Corps of Engineers shall
5-15 permanently mark the boundary line within the Texoma area as shown
5-16 on the map. The United States Army Corps of Engineers shall
5-17 maintain the markers annually, or more frequently if necessary.
5-18 (f) The party states may:
5-19 (1) agree to equally share the cost of monumenting and
5-20 maintaining the lines demarking both the boundary within the Texoma
5-21 area and the upper limit of the normal pool elevation in a manner
5-22 designed to make the boundary readily identifiable to the using
5-23 public; or
5-24 (2) seek funding from other sources for monumenting
5-25 and maintaining the lines.
5-26 (g) Should there be a change in the watercourse of the Red
5-27 River, the party states recognize the rules of accretion, erosion,
6-1 and avulsion. The states agree that accretion or erosion may cause
6-2 a change in the boundary between the states if it causes a change
6-3 in the vegetation line. With regard to avulsion, the states agree
6-4 that a change in the course of the Red River caused by an
6-5 immediately perceivable natural event that changes the vegetation
6-6 line will change the location of the boundary between the states.
6-7 ARTICLE III. SOVEREIGNTY
6-8 On the effective date of this compact, the party states agree
6-9 that the State of Oklahoma possesses sovereignty over all lands
6-10 north of the boundary line established by this compact and that the
6-11 State of Texas possesses sovereignty over all lands south of the
6-12 boundary line established by this compact. This compact does not
6-13 change or affect in any manner the sovereignty rights of federally
6-14 recognized Indian tribes over lands on either side of the boundary
6-15 line established by this compact. Tribal sovereignty rights
6-16 continue to be established and defined by controlling federal law.
6-17 ARTICLE IV. PENDING LITIGATION
6-18 This compact does not affect the jurisdiction of any
6-19 litigation concerning the title to any of the lands bordering the
6-20 Red River pending in the courts of either of the party states or
6-21 the United States as of the effective date of this compact. The
6-22 states intend that such litigation, if any, continue in the trial
6-23 and appellate courts of the jurisdiction where pending, until the
6-24 litigation is finally determined.
6-25 ARTICLE V. PUBLIC RECORDS
6-26 (a) All public records in either party state concerning any
6-27 lands the sovereignty over which is changed by this compact are
7-1 accepted as evidence of record title to such lands, to and
7-2 including the effective date of this compact, by the courts of the
7-3 other state and the federal courts.
7-4 (b) As to lands the sovereignty over which is changed by
7-5 this compact, the recording officials of the counties of each party
7-6 state shall accept for filing certified copies of documents of
7-7 title previously filed in the other state and documents of title
7-8 using legal descriptions derived from the land descriptions of the
7-9 other state. The acceptance of a document for filing has no
7-10 bearing on its legal effect or sufficiency. The legal sufficiency
7-11 of a document's form, execution, and acknowledgments, and the
7-12 document's ability to convey or otherwise affect title, are
7-13 determined by the document itself and the real estate laws of the
7-14 jurisdiction in which the land was located at the time the document
7-15 was executed or took effect.
7-16 ARTICLE VI. TAXES
7-17 (a) Except as provided by Subsections (b) and (c), the lands
7-18 the sovereignty over which is changed by this compact are, after
7-19 the effective date of this compact, subject to taxation only by the
7-20 state gaining sovereignty over the lands by this compact.
7-21 (b) Taxes for the year of adoption of this compact for
7-22 property the jurisdiction over which is changed by this compact may
7-23 be lawfully imposed only by the state in which the property was
7-24 located on January 1 of the year of adoption of this compact. The
7-25 taxes for the year of adoption may be levied and collected by that
7-26 state or its authorized governmental subdivisions or agencies, and
7-27 any liens or other rights accrued or accruing, including the right
8-1 of collection, are fully recognized, except that all liens or other
8-2 rights arising out of the imposition of those taxes must be claimed
8-3 or asserted within five years after this compact takes effect or
8-4 they are barred.
8-5 (c) The party states recognize that the boundary between the
8-6 states will change from time to time as a result of the natural
8-7 actions of accretion, erosion, and avulsion and agree that for
8-8 years subsequent to the year of adoption of this compact, the state
8-9 within which lands adjoining the boundary line are located on
8-10 January 1 of each year has the right to levy and collect taxes for
8-11 the entire ensuing year.
8-12 (d) All taxes currently assessed by governmental entities in
8-13 each party state as to lands that border or cross the boundary line
8-14 established by this compact are presumed to be correct as to
8-15 acreage within the particular jurisdiction, absent competent proof
8-16 to the contrary presented in writing by the property owner or
8-17 owners to the appropriate taxing agencies. All such proof must be
8-18 presented to the appropriate taxing agencies before May 1 of the
8-19 year following the year in which this compact takes effect. In
8-20 subsequent years it is presumed that the acreage taxed in each
8-21 jurisdiction for the previous year was correct unless evidence of
8-22 change is furnished to or obtained by the various taxing agencies
8-23 under rules and regulations adopted by those taxing agencies.
8-24 ARTICLE VII. PROPERTY AND WATER RIGHTS
8-25 This compact does not change:
8-26 (1) the title of any person or entity, public or
8-27 private, to any of the lands adjacent to the Red River;
9-1 (2) the rights, including riparian rights, of any
9-2 person or entity, public or private, that exist as a result of the
9-3 person's or entity's title to lands adjacent to the Red River; or
9-4 (3) the boundaries of those lands.
9-5 ARTICLE VIII. EFFECTIVE DATE
9-6 This compact takes effect when enacted by the states of Texas
9-7 and Oklahoma and consented to by the United States Congress.
9-8 ARTICLE IX. ENFORCEMENT
9-9 (a) This compact does not limit or prevent either party
9-10 state from instituting or maintaining any action or proceeding,
9-11 legal or equitable, in any court having jurisdiction, for the
9-12 protection of any right under this compact or the enforcement of
9-13 any of its provisions.
9-14 (b) This compact is not binding or obligatory on either
9-15 party state unless and until it has been enacted by both states and
9-16 consented to by the United States Congress. Notice of enactment of
9-17 this compact by each state shall be given by the governor of that
9-18 state to the governor of the other state and to the president of
9-19 the United States. The president is requested to give notice to
9-20 the governors of the party states of the consent to this compact by
9-21 the United States Congress.
9-22 ARTICLE X. AMENDMENTS
9-23 This compact remains in full force and effect unless amended
9-24 in the same manner as it was created.
9-25 Sec. 12.003. NEGOTIATIONS TO RESOLVE DIFFERENCES. (a)
9-26 Until the State of Oklahoma enters into the Red River Boundary
9-27 Compact in substantially the form provided by Section 12.002, the
10-1 Commissioner of the General Land Office has the authority to
10-2 negotiate with the appropriate Oklahoma representative to resolve
10-3 any differences between the states of Texas and Oklahoma regarding
10-4 matters covered by the compact. The commissioner shall conduct the
10-5 negotiations in cooperation with the Red River Boundary Commission
10-6 created by H.C.R. No. 128, Acts of the 74th Legislature, Regular
10-7 Session, 1995.
10-8 (b) The Commissioner of the General Land Office shall report
10-9 annually to the governor of this state, or more frequently if
10-10 necessary, on the status of the negotiations.
10-11 Sec. 12.004. IMPLEMENTATION OF COMPACT. (a) If the State
10-12 of Oklahoma enters into the Red River Boundary Compact in
10-13 substantially the form provided by Section 12.002, the Commissioner
10-14 of the General Land Office has the authority to negotiate with the
10-15 appropriate Oklahoma representative to establish procedures for
10-16 implementing the compact's provisions. The commissioner shall
10-17 conduct the negotiations in cooperation with the Red River Boundary
10-18 Commission.
10-19 (b) The Commissioner of the General Land Office shall report
10-20 annually to the governor of this state, or more frequently if
10-21 necessary, on the status of the negotiations.
10-22 (c) A procedure for implementing a provision of the compact
10-23 must be approved by the governor of this state.
10-24 Sec. 12.005. RELATION TO OTHER LAW AND LITIGATION. The Red
10-25 River Boundary Compact does not affect:
10-26 (1) the Red River Compact, the text of which is set
10-27 out in Section 46.013, Water Code; or
11-1 (2) the riparian rights of adjacent landowners to
11-2 access and use the waters of the Red River as provided by the
11-3 Treaty of Amity, Settlement and Limits, Feb. 22, 1819, United
11-4 States-Spain, 8 Stat. 252, T.S. No. 327; or
11-5 (3) litigation pending in either state involving title
11-6 to land or boundaries of rivers or water bodies of that state.
11-7 SECTION 2. The importance of this legislation and the
11-8 crowded condition of the calendars in both houses create an
11-9 emergency and an imperative public necessity that the
11-10 constitutional rule requiring bills to be read on three several
11-11 days in each house be suspended, and this rule is hereby suspended,
11-12 and that this Act take effect and be in force from and after its
11-13 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1355 was passed by the House on April
7, 1999, by the following vote: Yeas 141, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1355 on May 10, 1999, by the following vote: Yeas 142, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1355 was passed by the Senate, with
amendments, on May 7, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor