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A BILL TO BE ENTITLED
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AN ACT
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relating to concurrent state and federal legislative jurisdiction |
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over units of the national park system in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 23, Parks and Wildlife |
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Code, is amended by adding Section 23.0011 to read as follows: |
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Sec. 23.0011. CIVIL AND POLITICAL RIGHTS OF PARK RESIDENTS. |
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The civil and political rights of a person who resides inside the |
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boundaries of Big Bend National Park and applicable portions of the |
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Rio Grande Wild & Scenic River are preserved and are not impaired by |
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this state's acceptance of concurrent legislative jurisdiction |
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under Section 23.051 of this chapter. |
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SECTION 2. Chapter 23, Parks & Wildlife Code, is amended by |
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adding Subchapter E, Section 23.051, to read as follows: |
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Sec. 23.051. Concurrent Legislative Jurisdiction. (a) |
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Simultaneously with the acceptance of concurrent legislative |
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jurisdictional authorized by subsection (b) of this section, the |
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Governor, on behalf of the state, shall cede to the United States |
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concurrent legislative jurisdiction over all lands and waters now |
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owned or hereafter acquired by the United States within the |
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boundaries of any unit of the national park system in the state that |
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are or would be, if not for this cession, under proprietorial |
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federal jurisdiction. This cession of jurisdiction will be |
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effective when an authorized official of the National Park Service, |
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United States Department of the Interior, accepts it in writing. |
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(b) Simultaneously with the cession of concurrent |
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legislative jurisdiction authorized by subsection (a) of this |
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section, the Governor, on behalf of the state, and shall accept from |
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an authorized official of the National Park Services, United States |
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Department of the Interior, a retrocession of concurrent |
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legislative jurisdiction over the lands and waters within the |
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boundaries of Big Bend National Park and the Rio Grande Wild and |
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Scenic River, Texas, that now are under exclusive federal |
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Jurisdiction. |
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SECTION 3. (a) Not later than October 1, 2011, the governor |
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shall forward a copy of this Act to an authorized official of the |
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National Park Service, United Sates Department of the Interior, to |
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request consideration and acceptance of the changes in jurisdiction |
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proposed in this Act. |
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(b) If the Governor receives written confirmation from an |
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authorized official of the National Park Service, United States |
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Department of the Interior, that the National Park Service accepts |
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the changes in jurisdiction made by this Act, the Governor shall |
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publish in the Texas Register a notice of that confirmation. The |
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Governor shall publish notice not later that the 21st day after the |
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date the confirmation is received. |
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SECTION 4. (a) Sections 1 and 2 of this Act will take effect |
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on the date of which the Governor publishes the notice required by |
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Section 3 of this Act. If the required notice is not published by |
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September 1, 2012, then sections 1 and 2 of this Act will have no |
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effect. |
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(b) Section 3 of this Act and this section take effect |
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immediately if this act receives a vote of two-thirds of all the |
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members elected to each house, as provided by Section 39, Article |
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III, Texas Constitution. If this Act does not receive the vote |
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necessary for Section 3 and this section to take effect |
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immediately, Section 3 and this section take effect September 1, |
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2011. |