The text as introduced · 826 words
89R3091 JCG-F
By: Hancock
S.B. No. 1271
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.
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