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A BILL TO BE ENTITLED
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AN ACT
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relating to the concurrent jurisdiction of this state over United |
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States military installations with respect to certain subject |
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matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2204, Government Code, is |
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amended by adding Section 2204.104 to read as follows: |
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Sec. 2204.104. AUTHORITY TO ACCEPT CONCURRENT JURISDICTION |
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OF THIS STATE OVER UNITED STATES MILITARY INSTALLATIONS. (a) In |
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this section: |
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(1) "Political subdivision" includes a municipality, |
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county, or any special-purpose district or authority. |
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(2) "State agency" means a state agency in any branch |
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of state government. |
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(3) "Status offense" means conduct that a child |
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commits that would not, under state law, be an offense if committed |
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by an adult. |
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(b) On written application of an authorized representative |
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of the United States to the governor, the governor, in the name and |
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on behalf of this state, may accept the establishment of concurrent |
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jurisdiction of this state with the United States over land in this |
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state owned or acquired by the United States under this subchapter |
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for a military purpose authorized by Section 2204.101. An |
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application may seek full or partial concurrent jurisdiction, and |
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the proposal may include land where no federal jurisdiction exists |
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or land where this state previously ceded jurisdiction to the |
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United States. |
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(c) The application under Subsection (b) must: |
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(1) state the name and position of the authorized |
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representative and identify the federal law authorizing the |
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representative to bind the United States in transactions involving |
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the jurisdiction of the United States; |
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(2) subject to Subdivision (3), state the subject |
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matter over which concurrent jurisdiction is being established; |
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(3) if the application is submitted for the purpose of |
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establishing concurrent jurisdiction over juvenile delinquency and |
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status offenses, expressly state that purpose; |
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(4) be accompanied by proper evidence of the ownership |
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or acquisition of the land; |
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(5) include or have attached an accurate description |
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by metes and bounds of the land that is the subject of the |
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application; and |
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(6) state whether the United States is applying for |
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the inclusion of, under the same terms of concurrent jurisdiction |
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sought in the application, any future acquisition of land |
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contiguous with land for which concurrent jurisdiction is |
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established or is proposed to be established under this section. |
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(d) The governor's acceptance under this section must: |
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(1) be written; and |
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(2) specify each element of the application that the |
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governor accepts, including: |
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(A) each subject matter over which concurrent |
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jurisdiction is being established; and |
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(B) whether the governor accepts the inclusion of |
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future acquisitions of land as described by Subsection (c)(6). |
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(e) Except as provided by Subsection (f), the establishment |
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of concurrent jurisdiction under this section takes effect on the |
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date on which the governor files the following documents for |
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recording with the secretary of state: |
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(1) the application received under Subsection (b), |
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including the metes and bounds of the land; and |
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(2) the governor's written acceptance under Subsection |
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(d). |
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(f) If the governor accepts concurrent jurisdiction for |
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future acquisitions of land as described by Subsection (c)(6), the |
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concurrent jurisdiction over the acquired land: |
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(1) takes effect only if: |
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(A) notice of the inclusion is provided to the |
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governor, including an accurate description by metes and bounds of |
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the acquired land; and |
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(B) the governor files for recording with the |
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secretary of state the documents described by Paragraph (A); and |
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(2) takes effect on the date the governor files the |
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documents under Subdivision (1)(B). |
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(g) After recording the documents filed under Subsection |
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(e) or (f)(1)(B), the secretary of state shall: |
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(1) provide a certified copy of the documents to the |
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authorized representative who applied under Subsection (b) or |
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otherwise the person who provided notice under Subsection (f); and |
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(2) file the documents for recording with each county |
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clerk of the county in which the land that is the subject of the |
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application or notice is located. |
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(h) On the establishment of concurrent jurisdiction over |
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land under this section, a state agency or political subdivision |
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may enter into a memorandum of understanding with any officer or |
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agency of the United States for the purpose of coordinating and |
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assigning duties with respect to the concurrent jurisdiction. |
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(i) Any establishment of concurrent jurisdiction under this |
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section must include, at minimum, the concurrent jurisdiction |
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retained under Section 2204.103. |
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(j) This state is not liable for acts or omissions occurring |
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on land over which concurrent jurisdiction is established under |
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this section. |
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SECTION 2. The heading to Section 2204.103, Government |
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Code, is amended to read as follows: |
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Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES; |
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RETENTION OF AUTHORITY TO EXECUTE LEGAL PROCESS. |
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SECTION 3. 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, 2025. |