Frank Bill Grants A Liability Shield On Military Bases

The text as introduced · 826 words

89R3091 JCG-F

By: Frank
H.B. No. 2337

A BILL TO BE ENTITLED

AN ACT

relating to the concurrent jurisdiction of this state over United

States military installations with respect to certain subject

matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 2204, Government Code, is

amended by adding Section 2204.104 to read as follows:

Sec. 2204.104. AUTHORITY TO ACCEPT CONCURRENT JURISDICTION

OF THIS STATE OVER UNITED STATES MILITARY INSTALLATIONS. (a) In

this section:

(1) "Political subdivision" includes a municipality,

county, or any special-purpose district or authority.

(2) "State agency" means a state agency in any branch

of state government.

(3) "Status offense" means conduct that a child

commits that would not, under state law, be an offense if committed

by an adult.

(b) On written application of an authorized representative

of the United States to the governor, the governor, in the name and

on behalf of this state, may accept the establishment of concurrent

jurisdiction of this state with the United States over land in this

state owned or acquired by the United States under this subchapter

for a military purpose authorized by Section 2204.101. An

application may seek full or partial concurrent jurisdiction, and

the proposal may include land where no federal jurisdiction exists

or land where this state previously ceded jurisdiction to the

United States.

(c) The application under Subsection (b) must:

(1) state the name and position of the authorized

representative and identify the federal law authorizing the

representative to bind the United States in transactions involving

the jurisdiction of the United States;

(2) subject to Subdivision (3), state the subject

matter over which concurrent jurisdiction is being established;

(3) if the application is submitted for the purpose of

establishing concurrent jurisdiction over juvenile delinquency and

status offenses, expressly state that purpose;

(4) be accompanied by proper evidence of the ownership

or acquisition of the land;

(5) include or have attached an accurate description

by metes and bounds of the land that is the subject of the

application; and

(6) state whether the United States is applying for

the inclusion of, under the same terms of concurrent jurisdiction

sought in the application, any future acquisition of land

contiguous with land for which concurrent jurisdiction is

established or is proposed to be established under this section.

(d) The governor's acceptance under this section must:

(1) be written; and

(2) specify each element of the application that the

governor accepts, including:

(A) each subject matter over which concurrent

jurisdiction is being established; and

(B) whether the governor accepts the inclusion of

future acquisitions of land as described by Subsection (c)(6).

(e) Except as provided by Subsection (f), the establishment

of concurrent jurisdiction under this section takes effect on the

date on which the governor files the following documents for

recording with the secretary of state:

(1) the application received under Subsection (b),

including the metes and bounds of the land; and

(2) the governor's written acceptance under Subsection

(d).

(f) If the governor accepts concurrent jurisdiction for

future acquisitions of land as described by Subsection (c)(6), the

concurrent jurisdiction over the acquired land:

(1) takes effect only if:

(A) notice of the inclusion is provided to the

governor, including an accurate description by metes and bounds of

the acquired land; and

(B) the governor files for recording with the

secretary of state the documents described by Paragraph (A); and

(2) takes effect on the date the governor files the

documents under Subdivision (1)(B).

(g) After recording the documents filed under Subsection

(e) or (f)(1)(B), the secretary of state shall:

(1) provide a certified copy of the documents to the

authorized representative who applied under Subsection (b) or

otherwise the person who provided notice under Subsection (f); and

(2) file the documents for recording with each county

clerk of the county in which the land that is the subject of the

application or notice is located.

(h) On the establishment of concurrent jurisdiction over

land under this section, a state agency or political subdivision

may enter into a memorandum of understanding with any officer or

agency of the United States for the purpose of coordinating and

assigning duties with respect to the concurrent jurisdiction.

(i) Any establishment of concurrent jurisdiction under this

section must include, at minimum, the concurrent jurisdiction

retained under Section 2204.103.

(j) This state is not liable for acts or omissions occurring

on land over which concurrent jurisdiction is established under

this section.

SECTION 2. The heading to Section 2204.103, Government

Code, is amended to read as follows:

Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES ;

RETENTION OF AUTHORITY TO EXECUTE LEGAL PROCESS .

SECTION 3. 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, 2025.