82R20895 SGA-F
 
  By: Gallego H.B. No. 3696
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to concurrent state and federal jurisdiction over units of
  the national park system in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter A, Chapter 23, Parks
  and Wildlife Code, is amended to read as follows:
  SUBCHAPTER A. BIG BEND NATIONAL PARK; RIO GRANDE WILD AND SCENIC
  RIVER
         SECTION 2.  Subchapter A, Chapter 23, Parks and Wildlife
  Code, is amended by adding Sections 23.0011 and 23.003 to read as
  follows:
         Sec. 23.0011.  CIVIL AND POLITICAL RIGHTS OF PARK RESIDENTS.
  (a)  The civil and political rights of a person who resides inside
  the boundaries of Big Bend National Park or the Rio Grande Wild and
  Scenic River are preserved and are not impaired by this state's
  acceptance of concurrent jurisdiction under Section 23.051.
         (b)  This section expires September 1, 2012, unless the
  governor has received written acceptance of concurrent
  jurisdiction under Section 23.051(b) by that date.
         Sec. 23.003.  RETROCESSION OF CONCURRENT JURISDICTION.  (a)  
  Simultaneously with the cession of concurrent jurisdiction under
  Section 23.051, the governor, on behalf of the state, shall accept
  from an authorized official of the National Park Service, United
  States Department of the Interior, a retrocession of concurrent
  jurisdiction over territory that is:
               (1)  under exclusive federal jurisdiction; and
               (2)  in:
                     (A)  Big Bend National Park; or
                     (B)  the Rio Grande Wild and Scenic River.
         (b)  This section expires September 1, 2012, unless the
  governor has received written acceptance of concurrent
  jurisdiction under Section 23.051(b) by that date.
         SECTION 3.  Chapter 23, Parks and Wildlife Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E. JURISDICTION
         Sec. 23.051.  CESSION OF CONCURRENT JURISDICTION. (a) The
  governor, on behalf of the state, shall cede to the United States
  concurrent jurisdiction over territory that:
               (1)  is owned by the United States within the
  boundaries of any unit of the national park system in this state;
  and
               (2)  is or would be, if not for this cession, under
  proprietorial federal jurisdiction.
         (b)  The cession of jurisdiction takes effect when an
  authorized official of the National Park Service, United States
  Department of the Interior, accepts it in writing.
         (c)  Not later than the 21st day after the written acceptance
  is received in the governor's office, the governor shall provide a
  copy of the acceptance to the secretary of state.  The secretary of
  state shall publish the acceptance in the Texas Register.
         SECTION 4.  (a) Not later than October 1, 2011, the governor
  shall send a copy of this Act to an authorized official of the
  National Park Service, United States Department of the Interior, to
  request consideration and acceptance of the changes in jurisdiction
  proposed in this Act.
         (b)  If the governor receives written confirmation from an
  authorized official of the National Park Service, United States
  Department of the Interior, that the National Park Service accepts
  the changes in jurisdiction made by this Act, the governor shall
  implement Section 23.051(c), Parks and Wildlife Code, as added by
  this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.