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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 jurisdiction over units of |
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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. The heading to Subchapter A, Chapter 23, Parks |
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and Wildlife Code, is amended to read as follows: |
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SUBCHAPTER A. BIG BEND NATIONAL PARK; RIO GRANDE WILD AND SCENIC |
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RIVER |
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SECTION 2. Subchapter A, Chapter 23, Parks and Wildlife |
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Code, is amended by adding Sections 23.0011 and 23.003 to read as |
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follows: |
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Sec. 23.0011. CIVIL AND POLITICAL RIGHTS OF PARK RESIDENTS. |
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(a) The civil and political rights of a person who resides inside |
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the boundaries of Big Bend National Park or the Rio Grande Wild and |
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Scenic River are preserved and are not impaired by the operation of |
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concurrent jurisdiction under Sections 23.003 and 23.051. |
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(b) This section expires September 1, 2020, unless the |
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governor has received written acceptance of concurrent |
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jurisdiction under Section 23.051 by that date. |
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Sec. 23.003. RETROCESSION OF CONCURRENT JURISDICTION. (a) |
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Simultaneously with the cession of concurrent jurisdiction under |
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Section 23.051, the governor, on behalf of the state, shall accept |
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from an authorized official of the National Park Service, United |
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States Department of the Interior, a retrocession of concurrent |
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jurisdiction over territory that is: |
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(1) under exclusive federal jurisdiction; and |
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(2) in: |
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(A) Big Bend National Park; or |
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(B) the Rio Grande Wild and Scenic River. |
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(b) This section expires September 1, 2020, unless the |
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governor has received written acceptance of concurrent |
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jurisdiction under Section 23.051 by that date. |
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SECTION 3. Chapter 23, Parks and Wildlife Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. JURISDICTION |
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Sec. 23.051. CESSION OF CONCURRENT JURISDICTION. (a) The |
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governor, on behalf of the state, shall cede to the United States |
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concurrent jurisdiction over territory that: |
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(1) is owned by the United States within the |
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boundaries of any unit of the national park system in this state; |
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and |
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(2) is or would be, if not for this cession, under |
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proprietorial federal jurisdiction. |
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(b) The cession of jurisdiction takes effect when an |
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authorized official of the National Park Service, United States |
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Department of the Interior, accepts it in writing. |
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(c) Not later than the 21st day after the written acceptance |
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is received in the governor's office, the governor shall provide a |
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copy of the acceptance to the secretary of state. The secretary of |
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state shall publish the acceptance in the Texas Register. |
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SECTION 4. (a) Not later than October 1, 2019, the governor |
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shall send a copy of this Act to an authorized official of the |
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National Park Service, United States 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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implement Section 23.051(c), Parks and Wildlife Code, as added by |
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this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |