1-1     By:  Ramsey, et al. (Senate Sponsor - Haywood)        H.B. No. 1355
 1-2           (In the Senate - Received from the House April 8, 1999;
 1-3     April 9, 1999, read first time and referred to Special Committee on
 1-4     Border Affairs; May 3, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     May 3, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1355                  By:  Sibley
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the adoption of the Red River Boundary Compact.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subtitle A, Title 2, Natural Resources Code, is
1-13     amended by adding Chapter 12 to read as follows:
1-14                   CHAPTER 12.  RED RIVER BOUNDARY COMPACT
1-15           Sec. 12.001.  ADOPTION OF COMPACT.  This state enacts the Red
1-16     River Boundary Compact into law and enters into the compact with
1-17     the State of Oklahoma if that state legally joins in the compact in
1-18     substantially the form provided by Section 12.002.
1-19           Sec. 12.002.  TEXT OF COMPACT.  The Red River Boundary
1-20     Compact reads as follows:
1-21                         RED RIVER BOUNDARY COMPACT
1-22                             ARTICLE I.  PURPOSE
1-23           (a)  The states of Texas and Oklahoma recognize that:
1-24                 (1)  there are actual and potential disputes,
1-25     controversies, criminal proceedings, and litigation arising, or
1-26     that may arise, out of the location of the boundary line between
1-27     the states along the Red River;
1-28                 (2)  the south bank of the Red River is the boundary
1-29     between the states along the Red River;
1-30                 (3)  the boundary between the states changes as a
1-31     result of the natural action of the river and, because of those
1-32     changes and the nature of the land, the south bank of the river is
1-33     often not readily or easily identified;
1-34                 (4)  while the south bank, at any given time, may be
1-35     located through expensive and time-consuming survey techniques,
1-36     such surveys can, at best, identify the south bank only as it
1-37     exists at the time of the survey;
1-38                 (5)  locating the south bank through survey techniques
1-39     is of minimal aid when agencies of the party states must locate the
1-40     state boundary line for law enforcement, administrative, and
1-41     taxation purposes; and
1-42                 (6)  the interests of the party states are better
1-43     served by establishing the boundary between the states through use
1-44     of a readily identifiable natural landmark than through use of an
1-45     artificial survey line.
1-46           (b)  It is the principal purpose of the party states in
1-47     entering into this compact to establish an identifiable boundary
1-48     between the states of Texas and Oklahoma along the Red River as of
1-49     the effective date of this compact without interfering with or
1-50     otherwise affecting private property rights or title to property.
1-51     In addition, this compact serves the compelling purposes of:
1-52                 (1)  creation of a friendly and harmonious interstate
1-53     relationship;
1-54                 (2)  avoidance of multiple exercise of sovereignty and
1-55     jurisdiction, including matters of taxation, judicial and police
1-56     powers, and exercise of administrative authority;
1-57                 (3)  avoidance of lack of exercise of sovereignty and
1-58     jurisdiction over any lands along the boundary;
1-59                 (4)  avoidance of questions of venue in civil and
1-60     criminal proceedings that may arise as a result of incidents along
1-61     the boundary and avoidance or minimization of future disputes and
1-62     litigation;
1-63                 (5)  promotion of economic and political stability; and
1-64                 (6)  placement of the boundary at a location that can
 2-1     be visually identified or located without the necessity of a
 2-2     current survey and that is close to the historical boundary
 2-3     location.
 2-4                   ARTICLE II.  ESTABLISHMENT OF BOUNDARY
 2-5           (a)  In this article:
 2-6                 (1)  "Vegetation" means trees, shrubs, grasses, and
 2-7     other plant species that substantially cover the ground.  Whether
 2-8     the vegetation substantially covers the ground is determined by
 2-9     reference to the density of the coverage of the ground by trees,
2-10     shrubs, grasses, and other plant species in the area adjacent to
2-11     the relevant portion of the riverbed.
2-12                 (2)  "Vegetation line" means the visually identifiable
2-13     continuous line of vegetation that is adjacent to that portion of
2-14     the riverbed kept practically bare of vegetation by the natural
2-15     flow of the river and is continuous with the vegetation beyond the
2-16     riverbed.  Stray vegetation, patches of vegetation, or islands of
2-17     vegetation within the riverbed that do not form such a line are not
2-18     considered part of the vegetation line.  Where the riverbed is
2-19     entered by the inflow of another watercourse or is otherwise
2-20     interrupted or disturbed by a man-made event, the line constituting
2-21     the boundary is an artificial line formed by extending the
2-22     vegetation line above and below the other watercourse or
2-23     interrupted or disturbed area to connect and cross the watercourse
2-24     or area.
2-25           (b)  The permanent political boundary line between the states
2-26     of Texas and Oklahoma along the Red River is the vegetation line
2-27     along the south bank of the Red River except for the Texoma area,
2-28     where the boundary does not change.  For purposes of this compact:
2-29                 (1)  the Texoma area extends from the east bank of
2-30     Shawnee Creek (which flows into the Red River from the south
2-31     approximately one-half mile below the Denison Dam) at its mouth to
2-32     the upper end of the normal pool elevation of Lake Texoma (which is
2-33     617 feet); and
2-34                 (2)  the upper end of the normal pool elevation of Lake
2-35     Texoma is along the latitude of 33 degrees 54 minutes as it crosses
2-36     the watercourse at the approximate location of longitude 96 degrees
2-37     59 minutes.
2-38           (c)  The party states agree that the existing boundary within
2-39     the Texoma area begins at the intersection of the vegetation line
2-40     on the south bank of the Red River with the east bank of Shawnee
2-41     Creek.  From this point, the boundary extends west along the south
2-42     bank of the Red River as the bank existed immediately before the
2-43     commencement of the construction of Lake Texoma.  From Shawnee
2-44     Creek to Denison Dam, this boundary line is within the current
2-45     channel of the Red River.  Within Lake Texoma, this boundary line
2-46     follows the south bank of the Red River as the bank was located and
2-47     marked by the United States Army Corps of Engineers before the
2-48     commencement of the construction of Lake Texoma.
2-49           (d)  Within one year after the date the United States
2-50     Congress consents to this compact, the Commissioner of the General
2-51     Land Office of Texas and a designated member of the Oklahoma Red
2-52     River Boundary Commission shall:
2-53                 (1)  locate the boundary line within the Texoma area as
2-54     described by Subsection (c), using the survey that the United
2-55     States Army Corps of Engineers prepared in connection with the
2-56     construction of Lake Texoma and any other surveys, historical maps,
2-57     or other information that may be available;
2-58                 (2)  prepare a map of the boundary line; and
2-59                 (3)  file the map in the state library and archives of
2-60     each party state and with the Oklahoma Secretary of State, after
2-61     which the map will be a part of this compact.
2-62           (e)  Within one year after the date the map is filed under
2-63     Subsection (d)(3), the United States Army Corps of Engineers shall
2-64     permanently mark the boundary line within the Texoma area as shown
2-65     on the map.  The United States Army Corps of Engineers shall
2-66     maintain the markers annually, or more frequently if necessary.
2-67           (f)  The party states may:
2-68                 (1)  agree to equally share the cost of monumenting and
2-69     maintaining the lines demarking both the boundary within the Texoma
 3-1     area and the upper limit of the normal pool elevation in a manner
 3-2     designed to make the boundary readily identifiable to the using
 3-3     public; or
 3-4                 (2)  seek funding from other sources for monumenting
 3-5     and maintaining the lines.
 3-6           (g)  Should there be a change in the watercourse of the Red
 3-7     River, the party states recognize the rules of accretion, erosion,
 3-8     and avulsion.  The states agree that accretion or erosion may cause
 3-9     a change in the boundary between the states if it causes a change
3-10     in the vegetation line.  With regard to avulsion, the states agree
3-11     that a change in the course of the Red River caused by an
3-12     immediately perceivable natural event that changes the vegetation
3-13     line will change the location of the boundary between the states.
3-14                          ARTICLE III.  SOVEREIGNTY
3-15           On the effective date of this compact, the party states agree
3-16     that the State of Oklahoma possesses sovereignty over all lands
3-17     north of the boundary line established by this compact and that the
3-18     State of Texas possesses sovereignty over all lands south of the
3-19     boundary line established by this compact.  This compact does not
3-20     change or affect in any manner the sovereignty rights of federally
3-21     recognized Indian tribes over lands on either side of the boundary
3-22     line established by this compact.  Tribal sovereignty rights
3-23     continue to be established and defined by controlling federal law.
3-24                       ARTICLE IV.  PENDING LITIGATION
3-25           This compact does not affect the jurisdiction of any
3-26     litigation concerning the title to any of the lands bordering the
3-27     Red River pending in the courts of either of the party states or
3-28     the United States as of the effective date of this compact.  The
3-29     states intend that such litigation, if any, continue in the trial
3-30     and appellate courts of the jurisdiction where pending, until the
3-31     litigation is finally determined.
3-32                         ARTICLE V.  PUBLIC RECORDS
3-33           (a)  All public records in either party state concerning any
3-34     lands the sovereignty over which is changed by this compact are
3-35     accepted as evidence of record title to such lands, to and
3-36     including the effective date of this compact, by the courts of the
3-37     other state and the federal courts.
3-38           (b)  As to lands the sovereignty over which is changed by
3-39     this compact, the recording officials of the counties of each party
3-40     state shall accept for filing certified copies of documents of
3-41     title previously filed in the other state and documents of title
3-42     using legal descriptions derived from the land descriptions of the
3-43     other state.  The acceptance of a document for filing has no
3-44     bearing on its legal effect or sufficiency.  The legal sufficiency
3-45     of a document's form, execution, and acknowledgments, and the
3-46     document's ability to convey or otherwise affect title, are
3-47     determined by the document itself and the real estate laws of the
3-48     jurisdiction in which the land was located at the time the document
3-49     was executed or took effect.
3-50                             ARTICLE VI.  TAXES
3-51           (a)  Except as provided by Subsections (b) and (c), the lands
3-52     the sovereignty over which is changed by this compact are, after
3-53     the effective date of this compact, subject to taxation only by the
3-54     state gaining sovereignty over the lands by this compact.
3-55           (b)  Taxes for the year of adoption of this compact for
3-56     property the jurisdiction over which is changed by this compact may
3-57     be lawfully imposed only by the state in which the property was
3-58     located on January 1 of the year of adoption of this compact.  The
3-59     taxes for the year of adoption may be levied and collected by that
3-60     state or its authorized governmental subdivisions or agencies, and
3-61     any liens or other rights accrued or accruing, including the right
3-62     of collection, are fully recognized, except that all liens or other
3-63     rights arising out of the imposition of those taxes must be claimed
3-64     or asserted within five years after this compact takes effect or
3-65     they are barred.
3-66           (c)  The party states recognize that the boundary between the
3-67     states will change from time to time as a result of the natural
3-68     actions of accretion, erosion, and avulsion and agree that for
3-69     years subsequent to the year of adoption of this compact, the state
 4-1     within which lands adjoining the boundary line are located on
 4-2     January 1 of each year has the right to levy and collect taxes for
 4-3     the entire ensuing year.
 4-4           (d)  All taxes currently assessed by governmental entities in
 4-5     each party state as to lands that border or cross the boundary line
 4-6     established by this compact are presumed to be correct as to
 4-7     acreage within the particular jurisdiction, absent competent proof
 4-8     to the contrary presented in writing by the property owner or
 4-9     owners to the appropriate taxing agencies.  All such proof must be
4-10     presented to the appropriate taxing agencies before May 1 of the
4-11     year following the year in which this compact takes effect.  In
4-12     subsequent years it is presumed that the acreage taxed in each
4-13     jurisdiction for the previous year was correct unless evidence of
4-14     change is furnished to or obtained by the various taxing agencies
4-15     under rules and regulations adopted by those taxing agencies.
4-16                   ARTICLE VII.  PROPERTY AND WATER RIGHTS
4-17           This compact does not change:
4-18                 (1)  the title of any person or entity, public or
4-19     private, to any of the lands adjacent to the Red River;
4-20                 (2)  the rights, including riparian rights, of any
4-21     person or entity, public or private, that exist as a result of the
4-22     person's or entity's title to lands adjacent to the Red River; or
4-23                 (3)  the boundaries of those lands.
4-24                        ARTICLE VIII.  EFFECTIVE DATE
4-25           This compact takes effect when enacted by the states of Texas
4-26     and Oklahoma and consented to by the United States Congress.
4-27                          ARTICLE IX.  ENFORCEMENT
4-28           (a)  This compact does not limit or prevent either party
4-29     state from instituting or maintaining any action or proceeding,
4-30     legal or equitable, in any court having jurisdiction, for the
4-31     protection of any right under this compact or the enforcement of
4-32     any of its provisions.
4-33           (b)  This compact is not binding or obligatory on either
4-34     party state unless and until it has been enacted by both states and
4-35     consented to by the United States Congress.  Notice of enactment of
4-36     this compact by each state shall be given by the governor of that
4-37     state to the governor of the other state and to the president of
4-38     the United States.  The president is requested to give notice to
4-39     the governors of the party states of the consent to this compact by
4-40     the United States Congress.
4-41                           ARTICLE X.  AMENDMENTS
4-42           This compact remains in full force and effect unless amended
4-43     in the same manner as it was created.
4-44           Sec. 12.003.  NEGOTIATIONS TO RESOLVE DIFFERENCES.  (a)
4-45     Until the State of Oklahoma enters into the Red River  Boundary
4-46     Compact in substantially the form provided by Section 12.002, the
4-47     Commissioner of the General Land Office has the authority to
4-48     negotiate with the appropriate Oklahoma representative to resolve
4-49     any differences between the states of Texas and Oklahoma regarding
4-50     matters covered by the compact.  The commissioner shall conduct the
4-51     negotiations in cooperation with the Red River Boundary Commission
4-52     created by H.C.R. No.  128, Acts of the 74th Legislature, Regular
4-53     Session, 1995.
4-54           (b)  The Commissioner of the General Land Office shall report
4-55     annually to the governor of this state, or more frequently if
4-56     necessary, on the status of the negotiations.
4-57           Sec. 12.004.  IMPLEMENTATION OF COMPACT.  (a)  If the State
4-58     of Oklahoma enters into the Red River Boundary Compact in
4-59     substantially the form provided by Section 12.002, the Commissioner
4-60     of the General Land Office has the authority to negotiate with the
4-61     appropriate Oklahoma representative to establish procedures for
4-62     implementing the compact's provisions.  The commissioner shall
4-63     conduct the negotiations in cooperation with the Red River Boundary
4-64     Commission.
4-65           (b)  The Commissioner of the General Land Office shall report
4-66     annually to the governor of this state, or more frequently if
4-67     necessary, on the status of the negotiations.
4-68           (c)  A procedure for implementing a provision of the compact
4-69     must be approved by the governor of this state.
 5-1           Sec. 12.005.  RELATION TO OTHER LAW.  The Red River Boundary
 5-2     Compact does not affect:
 5-3                 (1)  the Red River Compact, the text of which is set
 5-4     out in Section 46.013, Water Code; or
 5-5                 (2)  the riparian rights of adjacent landowners to
 5-6     access and use the waters of the Red River as provided by the
 5-7     Treaty of Amity, Settlement and Limits, Feb. 22, 1819, United
 5-8     States-Spain, 8 Stat. 252, T.S. No. 327.
 5-9           SECTION 2.  The importance of this legislation and the
5-10     crowded condition of the calendars in both houses create an
5-11     emergency and an imperative public necessity that the
5-12     constitutional rule requiring bills to be read on three several
5-13     days in each house be suspended, and this rule is hereby suspended,
5-14     and that this Act take effect and be in force from and after its
5-15     passage, and it is so enacted.
5-16                                  * * * * *