HB2246 - Relating to the terminology used in statute to refer to the partially landlocked body of water on the southeastern periphery of the North American continent.

      By: Cain H.B. No. 2246       A BILL TO BE ENTITLED   AN ACT   relating to the terminology used in statute to refer to the   partially landlocked body of water on the southeastern periphery of   the North American continent.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE          SECTION 1.01.  Subtitle D, Title 4, Government Code, is   amended by adding Chapter 452 to read as follows:   CHAPTER 452.   GULF OF AMERICA STATUTORY LANGUAGE INITIATIVE           Sec.   452.001.     FINDINGS AND INTENT.   The legislature finds   that language used in reference to the partially landlocked body of   water on the southeastern periphery of the North American   continent, commonly referred to as the "Gulf of Mexico" is   inaccurate and outdated.   It is the intent of the legislature to   establish preferred terminology for new and revised laws by   requiring the use of language that accurately describes this region   of the North American continent.           Sec.   452.002.     USE OF GULF OF AMERICA STATUTORY LANGUAGE   REQUIRED. (a)   The legislature and the Texas Legislative Council   are directed to avoid using the term "Gulf of Mexico" in any new   statute or resolution as sections including as sections including   that term are otherwise amended by law.           (b)     In enacting or revising statutes or resolutions, the   legislature and the Texas Legislative Council are directed to   replace, as appropriate, the term "Gulf of Mexico" with the term   "Gulf of America."          SECTION 1.02.  Chapter 325, Government Code, is amended by   adding Sections 325.0128 and 325.0129 to read as follows:           Sec.   325.0128.     REVIEW OF AGENCIES FOR USE OF GULF OF AMERICA   STATUTORY LANGUAGE. (a)   As part of its review of a state agency,   the commission shall consider and make recommendations regarding   the statutory and regulatory revisions necessary to use the phrase   "Gulf of America" instead of "Gulf of Mexico."           (b)     As part of its review of an agency, the commission shall   consider and recommend, as appropriate, statutory revisions in   accordance with the Gulf of America statutory language initiative   under Chapter 452.           Sec.   325.0129.     GULF OF AMERICA STATUTORY LANGUAGE   PROMOTION. The executive commissioner of each state agency or   commission shall ensure that the agency or commission use the term   listed as preferred under the Gulf of America statutory language   initiative in Chapter 452 when proposing, adopting, or amending the   commission's or agency's rules, reference materials, publications,   and electronic media.   ARTICLE 2. AGRICULTURE CODE PROVISIONS          SECTION 2.01.  Section 47.051(2), Agriculture Code, is   amended to read as follows:                (2)  "Coastal waters" means all the salt water of the   state, including the portion of the Gulf of America [ Gulf of Mexico ]   that is within the jurisdiction of the state.   ARTICLE 3. ALCOHOLIC BEVERAGE CODE PROVISIONS          SECTION 3.01.  Section 251.742(b), Alcoholic Beverage Code,   is amended to read as follows:          (b)  This section applies only to a municipality that:                (1)  has a population of 15,000 or more; and                (2)  is located in two counties one of which:                      (A)  has a population of 340,000 or more;                      (B)  contains a municipality in which at least 85   percent of the county's population resides; and                      (C)  borders the Gulf of America [ Gulf of Mexico ].   ARTICLE 4. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS          SECTION 4.01.  Section 15.0181(a)(5), Civil Practice and   Remedies Code, is amended to read as follows:                (5)  "Inland waters" means the navigable waters   shoreward of the navigational demarcation lines dividing the high   seas from harbors, rivers, the Gulf Intracoastal Waterway, and   other inland waters of Texas, Louisiana, Mississippi, Alabama,   Arkansas, Tennessee, Missouri, Illinois, Kentucky, or Indiana or of   Florida along the Gulf of America [ Gulf of Mexico ] shoreline of   Florida from the Florida-Alabama border down to and including the   shoreline of Key West, Florida. The term does not include the Great   Lakes.          SECTION 4.02.  Section 18.033(a), Civil Practice and   Remedies Code, is amended to read as follows:          (a)  In a dispute between the State of Texas and an upland   owner of property fronting on the Gulf of America [ Gulf of Mexico ]   and the arms of the Gulf of America [ Gulf of Mexico ] within the   boundaries of the State of Texas, the maps, surveys, and property   descriptions filed in the General Land Office in connection with   any conveyance by the state or any predecessor government by   patent, deed, lease, or other authorized forms of grant shall be   presumed to accurately depict the boundary between adjacent upland   owners and the state-owned submerged lands.          SECTION 4.03.  Section 21.021, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 21.021.  APPLICATION. This subchapter applies to a   county that:                (1)  is part of two or more judicial districts, that has   two or more district courts with regular terms, and that is part of   a district in which a county borders on the international boundary   of the United States and the Republic of Mexico;                (2)  borders on the international boundary of the   United States and the Republic of Mexico and that is in a judicial   district composed of four counties;                (3)  borders on the international boundary of the   United States and the Republic of Mexico and that has three or more   district courts or judicial districts wholly within the county; or                (4)  borders on the Gulf of America [ Gulf of Mexico ] and   that has four or more district courts or judicial districts of which   two or more courts or districts are wholly within the county.          SECTION 4.04.  Section 78.052, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 78.052.  APPLICABILITY OF SUBCHAPTER: MARINE FIRE   EMERGENCY.  This subchapter applies only to damages for personal   injury, death, or property damage arising from an error or omission   of:                (1)  a nonprofit fire department providing services to   respond to marine fire emergencies under contract to a governmental   unit, if the error or omission occurs in responding to a marine fire   emergency:                      (A)  on the navigable waters of this state;                      (B)  in any place into which a vessel enters or   from which a vessel departs the waterway leading to that place from   the Gulf of America [ Gulf of Mexico ] or the Gulf Intracoastal   Waterway;                      (C)  on property owned or under the control of the   governmental unit; or                      (D)  at the request of the governmental unit in   the interest of public safety; or                (2)  a fire fighter providing services described by   Subdivision (1).   ARTICLE 5. VERNON'S CIVIL STATUTES PROVISIONS          SECTION 5.01.  Section 1, Chapter 311 (H.B. 558), Acts of the   55th Legislature, Regular Session, 1955 (Article 5421b-1, Vernon's   Texas Civil Statutes), is amended to read as follows:          Sec. 1.  All or any part of the Public Lands belonging to the   State situated in and under the bed of Caddo Lake and the   tributaries thereto and all or any part of such lands adjacent   thereto shall be subject to lease for mineral development by the   Commissioner of the General Land Office to any person, firm or   corporation in accordance with the provisions of existing or future   laws pertaining to the leasing and development of all islands,   salt-water lakes, bays, inlets, marshes and reefs, owned by the   State within tidewater limits, and that portion of the Gulf of   America [ Gulf of Mexico ] within the jurisdiction of Texas, and all   unsold public free school land, both surveyed and unsurveyed, in so   far as same are not in conflict herewith.          SECTION 5.02.  Section 1, Chapter 10 (H.B. 134), Acts of the   47th Legislature, Regular Session, 1941 (Article 5421c-4, Vernon's   Texas Civil Statutes), is amended to read as follows:          Sec. 1.  The School Land Board, created by House Bill No. 9   of the Forty-sixth Legislature (being Title: Public Lands, Chapter   3, of the General Laws of the Forty-sixth Legislature, 1939,) is   hereby authorized to grant and issue easements or surface leases to   the United States of America in accordance with the conditions   hereinafter set out, on any island, salt water lake, bay, inlet, or   marsh within tidewater limits, and that portion of the Gulf of   America [ Gulf of Mexico ] within the jurisdiction of the State of   Texas, to be used exclusively for any purpose essential to the   National Defense.          SECTION 5.03.  Section 1, Chapter 287 (S.B. 454), Acts of the   47th Legislature, Regular Session, 1941 (Article 5366a, Vernon's   Texas Civil Statutes), is amended to read as follows:          Sec. 1.  In each case in which an oil and gas mineral lease   has heretofore been granted or may hereafter be granted by the State   of Texas on an area covered by the coastal waters of the State or   within the Gulf of America [ Gulf of Mexico ] and in which the War   Department of the United State refuses to grant a permit to the   lessee or owner of such lease to drill a well thereon for oil, gas or   other minerals (the area included in such lease being within the   navigable waters of the United States) and in the event the primary   term of such lease should expire during the period of time in which   the War Department of the United States may continue to refuse to   issue such permit, then and in such event the primary term of such   lease is hereby extended for successive periods of one (1) year from   and after the end of the original primary term of such lease while   and so long as the War Department may continue such refusal to issue   to the lessee or to the owner of such lease a permit to drill for   oil, gas or other minerals, on the area covered thereby; provided,   that in order to make such extensions effectual the lessee or the   owner of such lease shall, during each of the annual periods during   which the primary term of the lease is so extended, apply to and   seek to obtain from the War Department a permit to drill a well for   oil, gas or other minerals on the area covered by such lease and be   unsuccessful in its attempts to obtain a permit, or, if successful   in obtaining a permit, commence operations for drilling a well upon   the leased premises within sixty (60) days after obtaining such   permit; and provided further that the lessee or the owner of such   lease continues to pay the annual renewal rentals at the rate   provided for in such lease for the period of time involved in such   extensions. Should such lease be so extended and should the War   Department at any time while such lease is still in force and effect   issue a permit to the lessee or to the owner of such lease to drill a   well thereon for oi [Text truncated for display. Full text available on LegiScan.]