Texas 2009 - 81st Regular

Texas Senate Bill SB2534 Compare Versions

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1	1	S.B. No. 2534
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of an interagency task force on economic
6	6	growth and endangered species; providing information and direction
7	7	regarding endangered species issues in certain areas of the state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 4, Government Code, is amended
10	10	by adding Chapter 490E to read as follows:
11	11	CHAPTER 490E. TASK FORCE ON ECONOMIC GROWTH AND ENDANGERED SPECIES
12	12	Sec. 490E.001. PURPOSE. The purpose of this chapter is to
13	13	establish a mechanism for state agencies to provide policy and
14	14	technical assistance regarding compliance with endangered species
15	15	laws and regulations to local and regional governmental entities
16	16	and their communities engaged in economic development activities so
17	17	that compliance with endangered species laws and regulations is as
18	18	effective and cost efficient as possible.
19	19	Sec. 490E.002. DEFINITIONS. In this chapter:
20	20	(1) "Endangered species" has the meaning assigned by
21	21	Section 68.002, Parks and Wildlife Code.
22	22	(2) "Task force" means the interagency task force on
23	23	economic growth and endangered species created under this chapter.
24	24	Sec. 490E.003. CREATION. (a) The task force on economic
25	25	growth and endangered species is created and is composed of:
26	26	(1) the comptroller;
27	27	(2) the commissioner of agriculture;
28	28	(3) the executive director of the Parks and Wildlife
29	29	Department;
30	30	(4) the executive director of the Texas Department of
31	31	Transportation; and
32	32	(5) the executive director of the State Soil and Water
33	33	Conservation Board.
34	34	(b) The comptroller is the presiding officer of the task
35	35	force.
36	36	(c) The task force shall meet as often as necessary to
37	37	fulfill its duties under this chapter.
38	38	(d) New members may be added to the task force by the
39	39	unanimous consent of the existing members.
40	40	(e) A member of the task force may designate another person
41	41	to act on the member's behalf.
42	42	Sec. 490E.004. FUNCTIONS AND DUTIES. (a) The task force
43	43	may:
44	44	(1) assess the economic impact on the state of
45	45	federal, state, or local regulations relating to endangered
46	46	species;
47	47	(2) assist landowners and other persons in this state
48	48	to identify, evaluate, and implement cost-efficient strategies for
49	49	mitigation of impacts to and recovery of endangered species that
50	50	will promote economic growth and development in this state; and
51	51	(3) facilitate state and local governmental efforts to
52	52	effectively implement endangered species regulations in a
53	53	cost-efficient manner.
54	54	(b) If requested by a local government or a state official,
55	55	the task force may review state and local governmental efforts to
56	56	address endangered species issues and provide recommendations to
57	57	make those efforts more cost effective. The task force shall
58	58	consider all available options as part of its recommendations. The
59	59	options considered must include:
60	60	(1) fee simple acquisition of land;
61	61	(2) conservation easements;
62	62	(3) use of land owned by local governments or this
63	63	state;
64	64	(4) recovery crediting; and
65	65	(5) all relevant federal programs.
66	66	Sec. 490E.005. ADVISORY COMMITTEES. (a) With the advice
67	67	of the task force, the comptroller may create advisory committees
68	68	to assist the task force with its work. Of the members of an
69	69	advisory committee:
70	70	(1) one-third must be representatives of affected
71	71	landowners;
72	72	(2) one-third must be representatives of conservation
73	73	interests; and
74	74	(3) one-third must be representatives of
75	75	municipalities or other affected jurisdictions.
76	76	(b) The composition of an advisory committee must provide
77	77	the balance necessary to address economic, environmental, and
78	78	policy issues related to the specific issue or action under
79	79	consideration.
80	80	(c) The comptroller shall designate one member of an
81	81	advisory committee as interim presiding officer for the purpose of
82	82	calling and conducting the initial meeting of the committee.
83	83	(d) An advisory committee shall:
84	84	(1) at its initial meeting, select a presiding officer
85	85	from among its members for the purpose of conducting meetings;
86	86	(2) conduct meetings as necessary to perform the
87	87	business of the advisory committee; and
88	88	(3) provide recommendations to the task force as
89	89	requested by the task force.
90	90	(e) Chapter 2110 does not apply to the size, composition, or
91	91	duration of an advisory committee created under this section.
92	92	Sec. 490E.006. COORDINATION WITH OTHER ENTITIES. (a) The
93	93	task force shall work in coordination with the United States Fish
94	94	and Wildlife Service, institutions of higher education, and
95	95	agriculture and conservation organizations in performing its
96	96	functions and duties.
97	97	(b) The Texas A&M University System shall, within its
98	98	expertise:
99	99	(1) assist in the analysis of biological and economic
100	100	impacts of proposed actions; and
101	101	(2) direct programs recommended by the task force.
102	102	Sec. 490E.007. REPORTS. The task force may provide reports
103	103	as needed on:
104	104	(1) innovative programs to address endangered species
105	105	issues while promoting economic growth;
106	106	(2) the activities of the task force; and
107	107	(3) recommendations for future programs or
108	108	legislation.
109	109	Sec. 490E.008. ADMINISTRATIVE SUPPORT. The comptroller's
110	110	office shall provide administrative support to the task force.
111	111	SECTION 2. (a) In this section:
112	112	(1) "Endangered Species Act" means the federal
113	113	Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.).
114	114	(2) "Task force" has the meaning assigned by Section
115	115	490E.002, Government Code, as added by this Act.
116	116	(b) Not later than the 30th day after the effective date of
117	117	this Act, the comptroller of public accounts shall create an
118	118	advisory committee to assist the task force in identifying
119	119	cost-efficient and effective recommendations for economic
120	120	development and Endangered Species Act compliance in the Camp
121	121	Bullis area in Bexar County.
122	122	(c) Not later than October 31, 2009, the task force, with
123	123	input from the advisory committee created under Subsection (b) of
124	124	this section, shall provide a recommendation on a specific,
125	125	coordinated program of work to assist Camp Bullis in accomplishing
126	126	its training missions in a manner consistent with applicable
127	127	endangered species regulations and programs.
128	128	(d) Not later than January 15, 2011, the task force shall
129	129	provide a report to the legislature on the activities of the task
130	130	force and the status of efforts to mitigate harm to and efforts
131	131	toward recovery of endangered species at Camp Bullis.
132	132	(e) The advisory committee created under this section is
133	133	abolished on the completion of its duties as determined by the task
134	134	force.
135	135	SECTION 3. This Act does not make an appropriation. A
136	136	provision in this Act that creates a new governmental program,
137	137	creates a new entitlement, or imposes a new duty on a governmental
138	138	entity is not mandatory during a fiscal period for which the
139	139	legislature has not made a specific appropriation to implement the
140	140	provision.
141	141	SECTION 4. This Act takes effect immediately if it receives
142	142	a vote of two-thirds of all the members elected to each house, as
143	143	provided by Section 39, Article III, Texas Constitution. If this
144	144	Act does not receive the vote necessary for immediate effect, this
145	145	Act takes effect September 1, 2009.
146	146	______________________________ ______________________________
147	147	President of the Senate Speaker of the House
148	148	I hereby certify that S.B. No. 2534 passed the Senate on
149	149	May 7, 2009, by the following vote: Yeas 31, Nays 0.
150	150	______________________________
151	151	Secretary of the Senate
152	152	I hereby certify that S.B. No. 2534 passed the House on
153	153	May 26, 2009, by the following vote: Yeas 143, Nays 2, one
154	154	present not voting.
155	155	______________________________
156	156	Chief Clerk of the House
157	157	Approved:
158	158	______________________________
159	159	Date
160	160	______________________________
161	161	Governor