By: Bonnen of Brazoria, Villalba H.B. No. 3509
(Senate Sponsor - Seliger)
(In the Senate - Received from the House May 13, 2013;
May 15, 2013, read first time and referred to Committee on Natural
Resources; May 20, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3509 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to endangered species habitat conservation and to the
creation of a board to oversee and guide the state's coordinated
response to federal actions regarding endangered species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 83.005(b), Parks and Wildlife Code, is
amended to read as follows:
(b) In this section, "conservation agreement" includes an
agreement between [the state or] a political subdivision of the
state and the United States Department of the Interior under the
federal act that does not relate to a federal permit as defined by
Section 83.011.
SECTION 2. Section 83.011, Parks and Wildlife Code, is
amended by adding Subdivisions (1-a), (1-b), and (13) and amending
Subdivision (4) to read as follows:
(1-a) "Candidate conservation plan" means a plan to
implement actions necessary for the conservation of one or more
candidate species or species likely to become a candidate species
in the near future.
(1-b) "Candidate species" means a species identified by
the United States Department of the Interior as appropriate for
listing as threatened or endangered.
(13) "Governing Board" means the Coordinated State
Endangered Species Governing Board established under Subchapter D.
SECTION 3. The heading to Section 83.013, Parks and
Wildlife Code, is amended to read as follows:
Sec. 83.013. AUTHORITY OF [DEPARTMENT OR] POLITICAL
SUBDIVISION.
SECTION 4. Sections 83.013(a) and (b), Parks and Wildlife
Code, are amended to read as follows:
(a) A [The department or a] political subdivision may
participate in the study and preparation for and creation of a
habitat conservation plan.
(b) Subject to this subchapter, [the department or] a
political subdivision may participate in the study and preparation
for and creation of a regional habitat conservation plan.
SECTION 5. Chapter 83, Parks and Wildlife Code, is amended
by adding Subchapters C and D to read as follows:
SUBCHAPTER C. HABITAT CONSERVATION BY THE DEPARTMENT
Sec. 83.050. DEFINITIONS. Notwithstanding the definitions
contained in Subchapter B, the following words and terms, when used
in this subchapter, shall have the following meanings:
(1) "Habitat conservation plan" means a plan or
program to protect endangered species by habitat preserves or other
protection strategies developed in order to obtain a federal
permit."
(2) "State agency" means state officer, board,
commission, or department with statewide jurisdiction, excluding
an institution of higher education.
Sec. 83.051. DEPARTMENT AND STATE AGENCY AUTHORITY. (a)
The department may:
(1) apply for and hold a federal permit issued in
connection with a habitat conservation plan, candidate
conservation plan, or similar plan, authorized or required by
federal law in connection with a candidate species or endangered
species, that is developed or coordinated by the department; or
(2) enter into an agreement with the United States
Department of the Interior or other federal agency in connection
with a habitat conservation plan, candidate conservation plan, or
similar plan authorized or required by federal law in connection
with a candidate species or endangered species.
(b) A state agency may:
(1) apply for or hold a federal permit issued in
connection with a habitat conservation plan, candidate
conservation plan, or similar plan authorized or required by
federal law in connection with a candidate species or endangered
species; or
(c) An agency that takes an action described by Subsection
(b) must:
(1) cooperate with the department; and
(2) enter into an interagency contract that may
provide for the payment of funds held by the department, or funds to
which the department has access, for purposes of carrying out the
action.
(d) The Department shall provide the state's scientific
response to proposed listings as the state agency with authority
for fish and wildlife management.
Sec. 83.052. PUBLIC NOTICE AND INPUT. (a) Before engaging
in an activity authorized by Section 83.051, the department or
state agency shall:
(1) provide public notice; and
(2) solicit and consider comments from:
(A) members of the task force on economic growth
and endangered species created under Section 490E.003, Government
Code;
(B) affected landowners;
(C) conservation interests; and
(D) business interests affected by the activity.
(b) The public notice required by this section may be made
by:
(1) publication in the Texas Register;
(2) posting on the department's Internet website;
(3) written correspondence;
(4) announcement at a public meeting; or
(5) any means likely to ensure actual notice.
(c) The department or state agency shall create at least one
advisory committee to assist the department or state agency in
carrying out an activity authorized by Section 83.051(a) or (b).
The membership of an advisory committee created under this
subsection must be appointed so that one-third of the members are
representatives of affected landowners or property owners.
(c-1) The composition of an advisory committee created
under Subsection (c) must provide the balance necessary to address
economic, environmental, and policy issues related to the specific
issue or action under consideration.
(d) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of an advisory committee created
under this section.
Sec. 83.053. HABITAT PROTECTION RESEARCH FUND. (a) The
habitat protection research fund is held by the comptroller outside
the treasury and consists of money appropriated to the fund,
interest earned on the investment of money in the fund, and gifts
and grants made to the fund.
(b) Money in the habitat protection research fund may be
used only to:
(1) provide grants to institutions for research into
candidate species and endangered species;
(2) employ research personnel dedicated to research
described by Subdivision (1); and
(3) fund capital expenditures necessary to conduct
research described by Subdivision (1).
(c) Research grants described by Subsection (b) shall be
awarded by the state agency.
(d) Gifts to the fund can be used for other purposes besides
research.
Sec. 83.054 CONFIDENTIAL INFORMATION. Information
collected under this subchapter by an agency, or an entity acting on
the agency's behalf, from a private landowner or other participant
or potential participant in a habitat conservation plan, proposed
habitat conservation plan, candidate conservation plan, or
proposed candidate conservation plan is confidential and exempt
from disclosure under Chapter 552 if the information relates to the
specific location, species identification, or quantity of any
animal or plant life for which a plan is under consideration or
development or has been established under this subchapter.
SUBCHAPTER D. COORDINATED STATE ENDANGERED SPECIES GOVERNING BOARD
Sec. 83.101. BOARD COMPOSITION. The Governing Board is
composed of the following members or their designees:
(1) the commissioner of the Department of Agriculture;
(2) the commissioner of the General Land Office;
(3) the chair of the Railroad Commission of Texas;
(4) the comptroller;
(5) the executive director of the Parks and Wildlife
Department;
(6) the director of the Texas A&M AgriLife Extension
Service; and
(7) the executive director of the Texas Economic
Development and Tourism Office.
Sec. 83.102. PRESIDING OFFICER; SUPPORT STAFF. (a) The
position of chair of the Governing Board rotates among the
statewide elected members specified in Section 83.101 regardless of
who occupies the named office at the time of the rotation. The
position of chair rotates every two years in the order listed in
Section 83.101, beginning with the commissioner of the Department
of Agriculture.
(b) The chair, with the consent of other Governing Board
members, shall:
(1) select the location of meetings of the Governing
Board; and
(2) set the agenda for meetings of the Governing
Board.
(c) Agency staff of the chair of the Governing Board shall
provide support for the board.
Sec. 83.103. MEETINGS. (a) The Governing Board shall meet
at least quarterly. Notice of meetings must be posted, and meetings
must be open to the public.
(b) Information regarding the meetings of the Governing
Board shall be posted on a website maintained by the comptroller
that contains information about the economic impact of federal
action on endangered species.
(c) The Governing Board may not meet or make a decision
unless a quorum is present.
(d) Notwithstanding Section 402.045, Government Code, the
attorney general, at the request of the Governing Board, shall
provide legal advice to the Governing Board.
Sec. 83.104. DUTIES OF GOVERNING BOARD. The Governing
Board shall:
(a) select the holder of a federal permit issued in
connection with a habitat conservation plan, candidate
conservation plan, or similar plan, authorized or required by
federal law in connection with a candidate species or endangered
species; and
(b) coordinate the response to listings and potential
listings of endangered species in this state.
Sec. 83.105. RULES. The Governing Board may adopt rules as
necessary to implement administrative procedures of the board.
Sec. 83.106. REPORT. Not later than December 1 of each
even-numbered year, the Governing Board shall submit to the
governor, lieutenant governor, and speaker of the house of
representatives and to the appropriate committees in each chamber
of the legislature a report containing:
(1) the board's findings and recommendations;
(2) proposed legislation necessary to implement the
purposes of the board;
(3) a summary of the board's activities; and
(4) any administrative recommendations proposed by
the board.
Sec. 83.107. SCIENCE AND BIOLOGY WORKGROUP. The Science
and Biology Workgroup will work under the direction of the
Governing Board and is composed of the following members:
(1) the State Geologist of Texas, director of the
Bureau of Economic Geology at the University of Texas at Austin;
(2) a designee of the director of the Texas A&M
AgriLife Extension Service with species expertise;
(3) a designee from the Parks & Wildlife Department
with science and biology expertise; and
(4) any other persons the Governing Board deems
appropriate who have science and biology expertise.
Sec. 803.108. SCIENCE AND BIOLOGY WORKGROUP PRESIDING
OFFICER. The position of chair of the Science and Biology Workgroup
rotates among the persons designated in Section 83.106 (1), (2),
and (3) regardless of who occupies the named office at the time of
the rotation. The position of chair rotates every two years in the
order listed in Section 83.106, beginning with the state geologist.
Sec. 83.109. PAYMENT TO UNIVERSITIES. The comptroller
shall identify funds to reimburse state institutions of higher
education for their science and biology research and work.
SECTION 6. Section 403.452, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Funds to pay for the mitigation costs shall be held only
by the comptroller.
SECTION 7. Section 403.454, Government Code, is amended as
follows:
CONFIDENTIAL INFORMATION. Information collected under this
subchapter by an agency, or an entity acting on the agency's behalf,
from a private landowner or other participant or potential
participant in a habitat conservation plan, proposed habitat
conservation plan, candidate conservation plan, or proposed
candidate conservation plan is confidential [not] subject to
Chapter 552 [and may not be disclosed to any person, including a
state or federal agency], if the information relates to the
specific location, species identification, or quantity of any
animal or plant life for which a plan is under consideration or
development or has been established under this subchapter. The
agency may disclose information described by this section only to
the person who provided the information unless the person consents
in writing to full or specified partial disclosure of the
information.
SECTION 8. Section 490E.004(a), Government Code, is amended
to read as follows:
(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].
SECTION 9. (a) Section 490E.001, Government Code, is
repealed;
(b) Section 490E.004(b), Government Code, is repealed;
(c) Section 490E.005, Government Code, is repealed;
(d) Section 490E.006, Government Code, is repealed; and
(e) Subchapter Q, Chapter 403, Government Code, expires
September 1, 2015.
SECTION 10. Any mitigation lands will be identified by the
Governing Board. Mitigation costs will be based on the
reimbursement by affected parties at the lowest cost of the
acquisition of the mitigation land.
SECTION 11. The Governing Board, in collaboration with
three members of the House State Affairs Committee appointed by the
Speaker of the House and three members of the Senate Natural
Resources Committee appointed by the Lieutenant Governor, one
stakeholder representing landowner interests appointed by the
Speaker of the House and one stakeholder representing landowner
interests appointed by the Lieutenant Governor, shall conduct a
study to determine state policies to defend against the
overreaching inclusion of species on the Endangered Species List by
the United States Fish and Wildlife Service. The Governing Board
shall submit a report regarding the study to the governor,
lieutenant governor, speaker, and members of the legislature not
later than December 1, 2014.
SECTION 12. The changes in law made by Section 83.051(b),
Parks and Wildlife Code, as added by this Act, apply only to a
federal permit issued, an application for a federal permit
submitted, or a conservation agreement entered into on or after the
effective date of this Act. A federal permit issued, an application
for a federal permit submitted, or a conservation agreement entered
into before the effective date of this Act is governed by the law in
effect at the time the action was taken, and the former law is
continued in effect for that purpose.
SECTION 13. 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, 2013.
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