S.B. No. 2534
AN ACT
relating to the creation of an interagency task force on economic
growth and endangered species; providing information and direction
regarding endangered species issues in certain areas of the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490E to read as follows:
CHAPTER 490E. TASK FORCE ON ECONOMIC GROWTH AND ENDANGERED SPECIES
Sec. 490E.001. PURPOSE. The purpose of this chapter is to
establish a mechanism for state agencies to provide policy and
technical assistance regarding compliance with endangered species
laws and regulations to local and regional governmental entities
and their communities engaged in economic development activities so
that compliance with endangered species laws and regulations is as
effective and cost efficient as possible.
Sec. 490E.002. DEFINITIONS. In this chapter:
(1) "Endangered species" has the meaning assigned by
Section 68.002, Parks and Wildlife Code.
(2) "Task force" means the interagency task force on
economic growth and endangered species created under this chapter.
Sec. 490E.003. CREATION. (a) The task force on economic
growth and endangered species is created and is composed of:
(1) the comptroller;
(2) the commissioner of agriculture;
(3) the executive director of the Parks and Wildlife
Department;
(4) the executive director of the Texas Department of
Transportation; and
(5) the executive director of the State Soil and Water
Conservation Board.
(b) The comptroller is the presiding officer of the task
force.
(c) The task force shall meet as often as necessary to
fulfill its duties under this chapter.
(d) New members may be added to the task force by the
unanimous consent of the existing members.
(e) A member of the task force may designate another person
to act on the member's behalf.
Sec. 490E.004. FUNCTIONS AND DUTIES. (a) The task force
may:
(1) assess the economic impact on the state of
federal, state, or local regulations relating to endangered
species;
(2) assist landowners and other persons in this state
to identify, evaluate, and implement cost-efficient strategies for
mitigation of impacts to and recovery of endangered species that
will promote economic growth and development in this state; and
(3) facilitate state and local governmental efforts to
effectively implement endangered species regulations in a
cost-efficient manner.
(b) If requested by a local government or a state official,
the task force may review state and local governmental efforts to
address endangered species issues and provide recommendations to
make those efforts more cost effective. The task force shall
consider all available options as part of its recommendations. The
options considered must include:
(1) fee simple acquisition of land;
(2) conservation easements;
(3) use of land owned by local governments or this
state;
(4) recovery crediting; and
(5) all relevant federal programs.
Sec. 490E.005. ADVISORY COMMITTEES. (a) With the advice
of the task force, the comptroller may create advisory committees
to assist the task force with its work. Of the members of an
advisory committee:
(1) one-third must be representatives of affected
landowners;
(2) one-third must be representatives of conservation
interests; and
(3) one-third must be representatives of
municipalities or other affected jurisdictions.
(b) The composition of an advisory committee must provide
the balance necessary to address economic, environmental, and
policy issues related to the specific issue or action under
consideration.
(c) The comptroller shall designate one member of an
advisory committee as interim presiding officer for the purpose of
calling and conducting the initial meeting of the committee.
(d) An advisory committee shall:
(1) at its initial meeting, select a presiding officer
from among its members for the purpose of conducting meetings;
(2) conduct meetings as necessary to perform the
business of the advisory committee; and
(3) provide recommendations to the task force as
requested by the task force.
(e) Chapter 2110 does not apply to the size, composition, or
duration of an advisory committee created under this section.
Sec. 490E.006. COORDINATION WITH OTHER ENTITIES. (a) The
task force shall work in coordination with the United States Fish
and Wildlife Service, institutions of higher education, and
agriculture and conservation organizations in performing its
functions and duties.
(b) The Texas A&M University System shall, within its
expertise:
(1) assist in the analysis of biological and economic
impacts of proposed actions; and
(2) direct programs recommended by the task force.
Sec. 490E.007. REPORTS. The task force may provide reports
as needed on:
(1) innovative programs to address endangered species
issues while promoting economic growth;
(2) the activities of the task force; and
(3) recommendations for future programs or
legislation.
Sec. 490E.008. ADMINISTRATIVE SUPPORT. The comptroller's
office shall provide administrative support to the task force.
SECTION 2. (a) In this section:
(1) "Endangered Species Act" means the federal
Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.).
(2) "Task force" has the meaning assigned by Section
490E.002, Government Code, as added by this Act.
(b) Not later than the 30th day after the effective date of
this Act, the comptroller of public accounts shall create an
advisory committee to assist the task force in identifying
cost-efficient and effective recommendations for economic
development and Endangered Species Act compliance in the Camp
Bullis area in Bexar County.
(c) Not later than October 31, 2009, the task force, with
input from the advisory committee created under Subsection (b) of
this section, shall provide a recommendation on a specific,
coordinated program of work to assist Camp Bullis in accomplishing
its training missions in a manner consistent with applicable
endangered species regulations and programs.
(d) Not later than January 15, 2011, the task force shall
provide a report to the legislature on the activities of the task
force and the status of efforts to mitigate harm to and efforts
toward recovery of endangered species at Camp Bullis.
(e) The advisory committee created under this section is
abolished on the completion of its duties as determined by the task
force.
SECTION 3. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 4. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2534 passed the Senate on
May 7, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2534 passed the House on
May 26, 2009, by the following vote: Yeas 143, Nays 2, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor