Texas 2011 - 82nd Regular

Texas Senate Bill SB1044 Compare Versions

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1	1	By: Watson, Jackson S.B. No. 1044
2	2	(Ritter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing counties to finance the acquisition of
8	8	conservation easements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 183, Natural Resources
11	11	Code, is amended by adding Section 183.006 to read as follows:
12	12	Sec. 183.006. COUNTY FINANCING FOR ACQUISITION OF
13	13	CONSERVATION EASEMENT. (a) In addition to other methods of
14	14	financing, including the use of the county's general fund, a county
15	15	may finance the acquisition of a conservation easement under this
16	16	chapter in the same manner as permitted for that county under:
17	17	(1) Section 331.004, Local Government Code, for the
18	18	acquisition or improvement of land, buildings, or historically
19	19	significant objects for park purposes or for historic or
20	20	prehistoric preservation purposes; or
21	21	(2) Section 271.045, Local Government Code, for land
22	22	and rights-of-way.
23	23	(b) A conservation easement financed under this section:
24	24	(1) may not be acquired by eminent domain; and
25	25	(2) is not subject to Section 331.007, Local
26	26	Government Code.
27	27	SECTION 2. Subdivision (8), Section 183.052, Natural
28	28	Resources Code, is amended to read as follows:
29	29	(8) "Qualified easement holder" means a holder that
30	30	is:
31	31	(A) a state agency, a county, or a municipality;
32	32	or
33	33	(B) an organization that is exempt from federal
34	34	income taxation under Section 501(a), Internal Revenue Code of
35	35	1986, as an organization described by Section 501(c)(3) of that
36	36	code and that is organized for the purpose of preserving
37	37	agriculture, open space, or natural resources.
38	38	SECTION 3. Subsection (b), Section 183.059, Natural
39	39	Resources Code, is amended to read as follows:
40	40	(b) To receive a grant from the fund under this subchapter,
41	41	an applicant who is qualified to be an easement holder under this
42	42	subchapter must submit an application to the council. The
43	43	application must:
44	44	(1) set out the parties' clear conservation goals
45	45	consistent with the program;
46	46	(2) include a site-specific estimate-of-value
47	47	appraisal by a licensed appraiser qualified to determine the market
48	48	value of the easement; and
49	49	(3) [demonstrate that the applicant is able to match
50	50	50 percent of the amount of the grant being sought, considering that
51	51	the council may choose to allow a donation of part of the appraised
52	52	value of the easement to be considered as in-kind matching funds;
53	53	and
54	54	[(4)] include a memorandum of understanding signed by
55	55	the landowner and the applicant indicating intent to sell an
56	56	agricultural conservation easement and containing the terms of the
57	57	contract for the sale of the easement.
58	58	SECTION 4. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2011.