By: Phillips (Senate Sponsor - Estes) H.B. No. 3212
         (In the Senate - Received from the House May 3, 2013;
  May 6, 2013, read first time and referred to Committee on Natural
  Resources; May 15, 2013, reported favorably by the following vote:  
  Yeas 11, Nays 0; May 15, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Red River Boundary Compact and the creation of the
  Red River Boundary Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 12, Natural Resources
  Code, is amended to read as follows:
  CHAPTER 12. RED RIVER BOUNDARY COMPACT; RED RIVER BOUNDARY
  COMMISSION
         SECTION 2.  Chapter 12, Natural Resources Code, is amended
  by designating Sections 12.001 through 12.005 as Subchapter A and
  adding a heading to that subchapter to read as follows:
  SUBCHAPTER A. RED RIVER BOUNDARY COMPACT
         SECTION 3.  Section 12.003, Natural Resources Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  Notwithstanding any other provision of this subchapter,
  if the boundary in the Texoma area, as described by Article
  II(b)(1), Red River Boundary Compact, Section 12.002, is not marked
  in accordance with Article II of the compact, the Red River Boundary
  Commission shall confer and act jointly with representatives
  appointed on behalf of the State of Oklahoma to redraw the boundary
  in the Texoma area in accordance with the provisions of this
  chapter.
         SECTION 4.  Chapter 12, Natural Resources Code, is amended
  by adding Subchapter B to read as follows:
  SUBCHAPTER B. RED RIVER BOUNDARY COMMISSION
         Sec. 12.051.  DEFINITIONS. In this subchapter:
               (1)  "Commission" means the Red River Boundary
  Commission.
               (2)  "Texoma area" means the area defined by the Texoma
  Area Boundary Agreement.
         Sec. 12.052.  CREATION OF COMMISSION. The Red River
  Boundary Commission is established to oversee the redrawing of the
  boundary between this state and the State of Oklahoma in the Texoma
  area.
         Sec. 12.053.  MEMBERSHIP. (a) The commission is composed of
  five members appointed by the governor to represent:
               (1)  private property owners;
               (2)  local governments;
               (3)  state elected officials; and
               (4)  the general public.
         (b)  The governor shall designate one member as the presiding
  officer of the commission.
         Sec. 12.054.  COMPENSATION. A commission member is not
  entitled to receive compensation for service on the commission but
  may receive reimbursement for travel expenses incurred while
  conducting commission business.
         Sec. 12.055.  STAFF SUPPORT. The General Land Office, the
  office of the attorney general, and the Texas Commission on
  Environmental Quality shall provide necessary staff support to the
  commission.
         Sec. 12.056.  POWERS AND DUTIES. The commission shall
  confer and act jointly with representatives appointed on behalf of
  the State of Oklahoma to:
               (1)  evaluate the methods, surveys, historical maps,
  and other information used to establish the boundary line between
  this state and the State of Oklahoma in the Texoma area;
               (2)  determine the location of the south bank of the Red
  River as the bank was located and marked by the United States Army
  Corps of Engineers before the beginning of construction of Lake
  Texoma, in accordance with Article II(c), Red River Boundary
  Compact, Section 12.002;
               (3)  redraw the boundary line between this state and
  the State of Oklahoma in the Texoma area in order to negate any
  effects the boundary as it is currently drawn has on property
  interests in the Texoma area, in accordance with:
                     (A)  the Lake Texoma preconstruction survey of the
  south bank of the Red River prepared by the United States Army Corps
  of Engineers; or
                     (B)  other historical records or documentation of
  the United States Army Corps of Engineers identifying the location
  of the south bank of the Red River, if the survey described by
  Subdivision (3)(A) is unavailable;
               (4)  hold hearings and conferences in this state and in
  the State of Oklahoma as necessary to accomplish the purposes of
  this section; and
               (5)  take other action, alone or in cooperation with
  the State of Oklahoma or the United States, necessary to accomplish
  the purposes of this section.
         Sec. 12.057.  REPORTS. (a) Not later than January 15, 2015,
  the commission shall report to the governor, lieutenant governor,
  speaker of the house of representatives, and appropriate committees
  of the legislature the commission's findings and recommendations
  concerning joint action by this state and the State of Oklahoma
  regarding amendment of the Texoma Area Boundary Agreement to
  incorporate the boundary between this state and the State of
  Oklahoma in the Texoma area as redrawn.
         (b)  Not later than July 30, 2015, the commission shall issue
  a final report to the governor, lieutenant governor, speaker of the
  house of representatives, and appropriate committees of the
  legislature.
         Sec. 12.058.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires December 31, 2015.
         SECTION 5.  (a) As soon as practicable after the effective
  date of this Act, but not later than December 1, 2013, the governor
  shall appoint the members of the Red River Boundary Commission as
  established by Subchapter B, Chapter 12, Natural Resources Code, as
  added by this Act.
         (b)  As soon as practicable after the members of the Red
  River Boundary Commission are appointed, but not later than January
  30, 2014, the members shall conduct the first meeting of the Red
  River Boundary Commission.
         SECTION 6.  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, 2013.
 
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