Relating to the concurrent jurisdiction of this state over United States military installations with respect to certain subject matters.

BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Concurrent jurisdiction is when more than one court has the authority to hear a case. This can occur in both civil and criminal cases. Currently, military installations in Texas are subject to exclusive federal jurisdiction. Therefore, investigation and adjudication of juvenile offenses is limited, because cases may only be adjudicated in the federal system. 

S.B. 1271 will allow the state to accept establishment of concurrent jurisdiction over military installations to provide better outlets for juvenile offenders, allowing them to avoid federal court and receive a focused rehabilitative approach for their crimes and misdemeanors.

As proposed, S.B. 1271 amends current law relating to the concurrent jurisdiction of this state over United States military installations with respect to certain subject matters.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 2204, Government Code, by adding Section 2204.104, as follows:

Sec. 2204.104. AUTHORITY TO ACCEPT CONCURRENT JURISDICTION OF THIS STATE OVER UNITED STATES MILITARY INSTALLATIONS. (a) Defines "political subdivision," "state agency," and "status offense."

(b) Authorizes the governor, on written application of an authorized representative of the United States to the governor, in the name and on behalf of this state, to 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 Subchapter B (General Provisions for Acquisition of Land and Jurisdiction Over Land by United States) for a military purpose authorized by Section 2204.101 (Consent to United States to Acquire Land). Authorizes an application to seek full or partial concurrent jurisdiction, and authorizes the proposal to include land where no federal jurisdiction exists or land where this state previously ceded jurisdiction to the United States.

(c) Requires that the application under Subsection (b) meet certain requirements.

(d) Requires that the governor's acceptance under this section meet certain requirements.

(e) Provides that, except as provided by Subsection (f), the establishment of concurrent jurisdiction under this section takes effect on the date on which the governor files certain documents for recording with the secretary of state (SOS).

(f) Provides that if the governor accepts concurrent jurisdiction for future acquisitions of land as described by Subsection (c)(6) (relating to requiring that the application state whether the United States is applying for the inclusion of any future acquisition of land contiguous with land for which concurrent jurisdiction is established), 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 SOS the documents described by Paragraph (A); and

(2) takes effect on the date the governor files the documents under Subdivision (1)(B).

(g) Requires SOS, after recording the documents filed under Subsection (e) or (f)(1)(B), to 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 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) Authorizes a state agency or political subdivision, on the establishment of concurrent jurisdiction over land under this section, to 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) Requires that any establishment of concurrent jurisdiction under this section include, at minimum, the concurrent jurisdiction retained under Section 2204.103.

(j) Provides that this state is not liable for acts or omissions occurring on land over which concurrent jurisdiction is established under this section.

SECTION 2. Amends the heading to Section 2204.103, Government Code, to read as follows:

Sec. 2204.103. CESSION OF JURISDICTION TO UNITED STATES; RETENTION OF AUTHORITY TO EXECUTE LEGAL PROCESS.

SECTION 3. Effective date: upon passage or September 1, 2025.