By: Haywood S.B. No. 531
99S0388/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the adoption of the Red River Boundary Compact.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subtitle A, Title 2, Natural Resources Code, is
1-4 amended by adding Chapter 12 to read as follows:
1-5 CHAPTER 12. RED RIVER BOUNDARY COMPACT
1-6 Sec. 12.001. ADOPTION OF COMPACT. This state enacts the Red
1-7 River Boundary Compact into law and enters into the compact with
1-8 the State of Oklahoma if that state legally joins in the compact in
1-9 substantially the form provided by Section 12.002.
1-10 Sec. 12.002. TEXT OF COMPACT. The Red River Boundary
1-11 Compact reads as follows:
1-12 RED RIVER BOUNDARY COMPACT
1-13 ARTICLE I. PURPOSE
1-14 (a) The states of Texas and Oklahoma recognize that:
1-15 (1) there are actual and potential disputes,
1-16 controversies, criminal proceedings, and litigation arising, or
1-17 that may arise, out of the location of the boundary line between
1-18 the states along the Red River;
1-19 (2) the south bank of the Red River is the boundary
1-20 between the states along the Red River;
1-21 (3) the boundary between the states changes as a
1-22 result of the natural action of the river and, because of those
1-23 changes and the nature of the land, the south bank of the river is
1-24 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 the multiple exercise of sovereignty
2-22 and jurisdiction, including matters of taxation, judicial and
2-23 police powers, and the exercise of administrative authority;
2-24 (3) avoidance of the lack of exercise of sovereignty
2-25 and jurisdiction over any lands along the boundary;
2-26 (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 that 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
4-1 area, the line constituting the boundary is an artificial line
4-2 formed by extending the vegetation lines above and below the area
4-3 of man-made alteration or disturbance uniformly with the river to
4-4 connect and cross the area of man-made alteration or disturbance.
4-5 (b) The permanent political boundary line between the states
4-6 of Texas and Oklahoma along the Red River is the vegetation line
4-7 along the south bank of the Red River except for the Texoma area,
4-8 where the boundary does not change. For purposes of this compact:
4-9 (1) the Texoma area extends from the east bank of
4-10 Shawnee Creek (which flows into the Red River from the south
4-11 approximately one-half mile below the Denison Dam) at its mouth to
4-12 the upper end of the normal pool elevation of Lake Texoma (which is
4-13 617 feet); and
4-14 (2) the upper end of the normal pool elevation of Lake
4-15 Texoma is along the latitude of 33 degrees 54 minutes as it crosses
4-16 the watercourse at the approximate location of longitude 96 degrees
4-17 59 minutes.
4-18 (c) The party states may:
4-19 (1) agree to equally share the cost of monumenting and
4-20 maintaining the lines demarking both the boundary within the Texoma
4-21 area and the upper limit of the normal pool elevation in a manner
4-22 designed to make the boundary readily identifiable to the using
4-23 public; or
4-24 (2) seek funding from other sources for monumenting
4-25 and maintaining the lines.
4-26 (d) Should there be a change in the watercourse of the Red
5-1 River, the party states recognize the rules of accretion, erosion,
5-2 and avulsion. The states agree that accretion or erosion may cause
5-3 a change in the boundary between the states if it causes a change
5-4 in the vegetation line. With regard to avulsion, the states agree
5-5 that a change in the course of the Red River caused by an
5-6 immediately perceivable natural event that changes the vegetation
5-7 line will change the location of the boundary between the states.
5-8 ARTICLE III. SOVEREIGNTY
5-9 On the effective date of this compact, the party states agree
5-10 that the State of Oklahoma possesses sovereignty over all lands
5-11 north of the boundary line established by this compact and that the
5-12 State of Texas possesses sovereignty over all lands south of the
5-13 boundary line established by this compact. This compact does not
5-14 change or affect in any manner the sovereignty rights of federally
5-15 recognized Indian tribes over lands on either side of the boundary
5-16 line established by this compact. Those rights continue to be
5-17 established and defined by controlling federal law.
5-18 ARTICLE IV. PENDING LITIGATION
5-19 This compact does not affect the jurisdiction of any
5-20 litigation concerning the title to any of the lands bordering the
5-21 Red River pending in the courts of either of the party states or of
5-22 the United States as of the effective date of this compact. The
5-23 states intend that such litigation, if any, continue in the trial
5-24 and appellate courts of the jurisdiction where pending, until the
5-25 litigation is finally determined.
6-1 ARTICLE V. PUBLIC RECORDS
6-2 (a) All public records in either party state concerning any
6-3 lands the sovereignty over which is changed by this compact are
6-4 accepted as evidence of record title to such lands, to and
6-5 including the effective date of this compact, by the courts of the
6-6 other state and the federal courts.
6-7 (b) As to lands the sovereignty over which is changed by
6-8 this compact, the recording officials of the counties of each party
6-9 state shall accept for filing certified copies of documents of
6-10 title previously filed in the other state. The acceptance of a
6-11 document for filing has no bearing on its legal effect or
6-12 sufficiency, which is determined by the document itself and by the
6-13 real estate laws of the jurisdiction in which the land was located
6-14 at the time the document was executed or took effect. The
6-15 recording officials of the counties of each state shall accept for
6-16 filing documents of title relating to lands the sovereignty over
6-17 which is changed by this compact, using legal descriptions derived
6-18 from the land descriptions of the other state.
6-19 ARTICLE VI. TAXES
6-20 (a) Except as provided by Subsections (b) and (c) of this
6-21 article, the lands the sovereignty over which is changed by this
6-22 compact are, after the effective date of this compact, subject to
6-23 taxation only by the state gaining sovereignty over the lands by
6-24 this compact.
6-25 (b) Taxes for the year of adoption of this compact for
6-26 property the jurisdiction over which is changed by this compact may
7-1 be lawfully imposed only by the state in which the property was
7-2 located on January 1 of the year of adoption of this compact. The
7-3 taxes for the year of adoption may be levied and collected by that
7-4 state or its authorized governmental subdivisions or agencies, and
7-5 any liens or other rights accrued or accruing, including the right
7-6 of collection, are fully recognized, except that all liens or other
7-7 rights arising out of the imposition of those taxes must be claimed
7-8 or asserted within five years after this compact takes effect or
7-9 they are barred.
7-10 (c) The party states recognize that the boundary between the
7-11 states will change from time to time as a result of the natural
7-12 actions of accretion, erosion, and avulsion and agree that for
7-13 years subsequent to the year of adoption of this compact, the state
7-14 within which lands adjoining the boundary line are located on
7-15 January 1 of each year has the right to levy and collect taxes for
7-16 the entire ensuing year.
7-17 (d) All taxes currently assessed by governmental entities in
7-18 each party state as to lands that border or cross the boundary line
7-19 established by this compact are presumed to be correct as to
7-20 acreage within the particular jurisdiction, absent competent proof
7-21 to the contrary presented in writing by the property owner or
7-22 owners to the appropriate taxing agencies. All such proof must be
7-23 presented to the appropriate taxing agencies before May 1 of the
7-24 year following the year in which this compact takes effect. In
7-25 subsequent years it is presumed that the acreage taxed in each
7-26 jurisdiction for the previous year was correct unless evidence of
8-1 change is furnished to or obtained by the various taxing agencies
8-2 under rules and regulations adopted by those taxing agencies.
8-3 ARTICLE VII. PROPERTY RIGHTS
8-4 This compact does not change:
8-5 (1) the title of any person or entity, public or
8-6 private, to any of the lands along the Red River; or
8-7 (2) the boundaries of those lands.
8-8 ARTICLE VIII. EFFECTIVE DATE
8-9 This compact takes effect when enacted by the states of Texas
8-10 and Oklahoma and consented to by the United States Congress.
8-11 ARTICLE IX. ENFORCEMENT
8-12 (a) This compact does not limit or prevent either party
8-13 state from instituting or maintaining any action or proceeding,
8-14 legal or equitable, in any court having jurisdiction, for the
8-15 protection of any right under this compact or the enforcement of
8-16 any of its provisions.
8-17 (b) This compact is not binding or obligatory on either
8-18 party state unless and until it has been enacted by both states and
8-19 consented to by the United States Congress. Notice of enactment of
8-20 this compact by each state shall be given by the governor of that
8-21 state to the governor of the other state and to the president of
8-22 the United States. The president is requested to give notice to
8-23 the governors of the party states of the consent to this compact by
8-24 the United States Congress.
8-25 ARTICLE X. AMENDMENTS
8-26 This compact remains in full force and effect unless amended
9-1 in the same manner as it was created.
9-2 Sec. 12.003. NEGOTIATIONS TO RESOLVE DIFFERENCES.
9-3 (a) Until the State of Oklahoma enters into the Red River Boundary
9-4 Compact in substantially the form provided by Section 12.002, the
9-5 Commissioner of the General Land Office has the authority to
9-6 negotiate with the appropriate Oklahoma representative to resolve
9-7 any differences between the states of Texas and Oklahoma regarding
9-8 matters covered by the compact. The commissioner shall conduct
9-9 such negotiations in cooperation with the Red River Boundary
9-10 Commission created by H.C.R. No. 128, Acts of the 74th
9-11 Legislature, Regular Session, 1995.
9-12 (b) The Commissioner of the General Land Office shall report
9-13 annually, or more frequently if necessary, to the governor of this
9-14 state on the status of the negotiations.
9-15 Sec. 12.004. IMPLEMENTATION OF COMPACT. (a) If the State
9-16 of Oklahoma enters into the Red River Boundary Compact in
9-17 substantially the form provided by Section 12.002, the Commissioner
9-18 of the General Land Office has the authority to negotiate with the
9-19 appropriate Oklahoma representative to establish procedures for
9-20 implementing the compact's provisions. The commissioner shall
9-21 conduct such negotiations in cooperation with the Red River
9-22 Boundary Commission.
9-23 (b) The Commissioner of the General Land Office shall report
9-24 annually, or more frequently if necessary, to the governor of this
9-25 state on the status of any negotiations.
9-26 (c) A procedure for implementing a provision of the compact
10-1 must be approved by the governor of this state.
10-2 SECTION 2. The importance of this legislation and the
10-3 crowded condition of the calendars in both houses create an
10-4 emergency and an imperative public necessity that the
10-5 constitutional rule requiring bills to be read on three several
10-6 days in each house be suspended, and this rule is hereby suspended,
10-7 and that this Act take effect and be in force from and after its
10-8 passage, and it is so enacted.