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