By: Bonnen of Brazoria H.B. No. 3509
A BILL TO BE ENTITLED
AN ACT
relating to endangered species habitat conservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 83.005, 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. Subdivision (4), Section 83.011, Parks and
Wildlife Code, is amended to read as follows:
(4) "Federal permit" means a permit issued pursuant to
the federal act, including a permit issued under Section 7 or 10(a)
of the federal act.
SECTION 3. Subsections (a) and (b), Section 83.013, 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 4. Chapter 83, Parks and Wildlife Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. HABITAT PROTECTION BY THE DEPARTMENT
Sec. 83.031. DEFINITIONS. In this subchapter:
(1) "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.
(2) "Candidate species" means a species identified by
the United States Department of the Interior as appropriate for
listing as threatened or endangered.
(3) "Endangered species" means a species listed by the
United States Department of the Interior as endangered or
threatened under the federal act.
(4) "Federal act" means the federal Endangered Species
Act of 1973 (16 U.S.C. Section 1531 et seq.), as amended.
(5) "Federal permit" means a permit issued under the
federal act, including Section 7 or 10(a) of the federal act.
Sec. 83.032. DEPARTMENT AUTHORITY. (a) Subject to the
requirements of this subchapter, the department may:
(1) apply for and hold a federal permit issued in
connection with a habitat conservation plan, a 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 department in
connection with a habitat conservation plan, a candidate
conservation plan, or similar plan authorized or required by
federal law in connection with a candidate species or endangered
species.
(b) Unless authorized by the department, a state agency,
other than an institution of higher education, may not:
(1) apply for or hold a federal permit issued in
connection with a habitat conservation plan, a candidate
conservation plan, or similar plan authorized or required by
federal law regarding a candidate species or endangered species; or
(2) enter into an agreement with the United States
Department of the Interior or other federal department in
connection with a habitat conservation plan, a candidate
conservation plan, or similar plan authorized or required by
federal law regarding a candidate species or endangered species.
(c) An authorization described by Subsection (b) must be
documented by an interagency contract that may provide for the
payment of funds held by the department, or funds to which the
department has access, for the purpose of carrying out the activity
authorized by that subsection.
Sec. 83.033. PUBLIC NOTICE AND INPUT. (a) Before
undertaking an activity authorized by Section 83.032, the
department shall provide public notice to and shall solicit and
consider comments from:
(1) members of the task force on economic growth and
endangered species, as created by Section 490E.003, Government
Code;
(2) affected landowners;
(3) conservation interests; and
(4) business interests affected by the activity.
(b) The public notice required by this section can be made
by publication in the Texas Register, by posting on the
department's website, by written correspondence, by public
meeting, or by other means likely to ensure actual notice.
(c) The department may create advisory committees to assist
the department in carrying out the activities authorized by Section
83.032.
(d) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of an advisory committee created
under this section.
Sec. 83.034. 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.
(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, as that term is defined
under Section 403.451;
(2) employ research personnel at the department
dedicated to research described by Subdivision (1); and
(3) fund capital expenditures by the department
necessary to conduct research described by Subdivision (1).
(c) Research grants described by Subsection (b) shall be
awarded by the department.
SECTION 5. Section 403.452, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) To promote compliance with federal law protecting
endangered species and candidate species in a manner consistent
with this state's economic development and fiscal stability, the
comptroller may:
(1) [develop or coordinate the development of a
habitat conservation plan or candidate conservation plan;
[(2) apply for and] hold a federal permit issued in
connection with a [habitat conservation plan or] candidate
conservation plan developed by the comptroller or the development
of which is coordinated by the comptroller;
(2) [(3) enter into an agreement for the
implementation of a candidate conservation plan with the United
States Department of the Interior or assist another entity in
entering into such an agreement,
[(4)] establish the habitat protection fund, to be
held by the comptroller outside the treasury, to be used to [support
the development or coordination of the development of a habitat
conservation plan or a candidate conservation plan, or to] pay the
costs of monitoring or administering the implementation of [such] a
candidate conservation plan;
(3) [(5)] impose or provide for the imposition of [a
mitigation fee in connection with a habitat conservation plan or]
such fees as are necessary or advisable for a candidate
conservation plan developed by the comptroller or the development
of which is coordinated by the comptroller; and
(4) [(6)] implement, monitor, or support the
implementation of a [habitat conservation plan or] candidate
conservation plan developed by the comptroller or the development
of which is coordinated by the comptroller.
(c) The legislature finds that expenditures described by
Subsection (a)(2) [(a)(4)] serve public purposes, including
economic development in this state.
(e) The authority of the comptroller to enter into an
agreement with the United States Department of the Interior for the
implementation of a candidate conservation plan expires September
1, 2013.
SECTION 6. Subsection (a), Section 403.453, Government
Code, is amended to read as follows:
(a) Upon consideration of the factors identified in
Subsection (b), the comptroller may designate one of the following
agencies to undertake the functions identified in Section
403.452(a)(1), (3), or (4) [403.452(a)(1), (2), (3), (5), or (6)]
(1) the Department of Agriculture;
(2) the Parks and Wildlife Department;
(3) the Texas Department of Transportation
(4) the State Soil and Water Conservation Board; or
(5) any agency receiving funds through Article VI
(Natural Resources) of the 2012-2013 appropriations bill.
SECTION 7. Section 490E.004, Government Code, is amended to
read as follows:
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; and
(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 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.]
SECTION 8. Section 490E.005, Government Code, is repealed.
SECTION 9. (a) The change in law made by Subsection (b),
Section 83.032, Parks and Wildlife Code, as added by this Act,
applies 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.
(b) 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 that law is continued in effect
for that purpose.
SECTION 10. This Act takes effect September 1, 2013.