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Texas Government Code - GOV'T § 2204.104. Authority to Accept Concurrent Jurisdiction of This State over United States Military Installations

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Political subdivision” includes a municipality, county, or any special-purpose district or authority.  The term includes a school district.

(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 each 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;  and

(5) include or have attached an accurate description by metes and bounds of the land that is the subject of the application.

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

(1) be written;

(2) specify each element of the application that the governor accepts, including each subject matter over which concurrent jurisdiction is being established;  and

(3) include a procedure allowing for the termination of the concurrent jurisdiction that is the subject of the application.

(e) The governor may negotiate with the applicant the specific details regarding the termination procedure required by Subsection (d)(3).

(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).

(g) After recording the documents filed under Subsection (f), the secretary of state shall:

(1) provide a certified copy of the documents to the authorized representative who applied under Subsection (b);  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) A state agency, a political subdivision of this state, and any officer, employee, or agent of the state agency or political subdivision is not liable for acts or omissions occurring on land over which concurrent jurisdiction is established under this section.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 2204.104. Authority to Accept Concurrent Jurisdiction of This State over United States Military Installations - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-2204-104/

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