By: Watson, Jackson S.B. No. 1044
(Ritter)
A BILL TO BE ENTITLED
AN ACT
relating to authorizing counties to finance the acquisition of
conservation easements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 183, Natural Resources
Code, is amended by adding Section 183.006 to read as follows:
Sec. 183.006. COUNTY FINANCING FOR ACQUISITION OF
CONSERVATION EASEMENT. (a) In addition to other methods of
financing, including the use of the county's general fund, a county
may finance the acquisition of a conservation easement under this
chapter in the same manner as permitted for that county under:
(1) Section 331.004, Local Government Code, for the
acquisition or improvement of land, buildings, or historically
significant objects for park purposes or for historic or
prehistoric preservation purposes; or
(2) Section 271.045, Local Government Code, for land
and rights-of-way.
(b) A conservation easement financed under this section:
(1) may not be acquired by eminent domain; and
(2) is not subject to Section 331.007, Local
Government Code.
SECTION 2. Subdivision (8), Section 183.052, Natural
Resources Code, is amended to read as follows:
(8) "Qualified easement holder" means a holder that
is:
(A) a state agency, a county, or a municipality;
or
(B) an organization that is exempt from federal
income taxation under Section 501(a), Internal Revenue Code of
1986, as an organization described by Section 501(c)(3) of that
code and that is organized for the purpose of preserving
agriculture, open space, or natural resources.
SECTION 3. Subsection (b), Section 183.059, Natural
Resources Code, is amended to read as follows:
(b) To receive a grant from the fund under this subchapter,
an applicant who is qualified to be an easement holder under this
subchapter must submit an application to the council. The
application must:
(1) set out the parties' clear conservation goals
consistent with the program;
(2) include a site-specific estimate-of-value
appraisal by a licensed appraiser qualified to determine the market
value of the easement; and
(3) [demonstrate that the applicant is able to match
50 percent of the amount of the grant being sought, considering that
the council may choose to allow a donation of part of the appraised
value of the easement to be considered as in-kind matching funds;
and
[(4)] include a memorandum of understanding signed by
the landowner and the applicant indicating intent to sell an
agricultural conservation easement and containing the terms of the
contract for the sale of the easement.
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, 2011.