By: Bonnen of Brazoria, Villalba H.B. No. 3509
A BILL TO BE ENTITLED
AN ACT
relating to endangered species habitat conservation and to the
creation of a committee 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.
(4) "Federal permit" means a permit issued under
[Section 7 or 10(a) of] the federal act, including Section 7 or
10(a) of the federal act.
(13) "Response committee" means the Coordinated State
Endangered Species Response Committee 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. 83.051. 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
(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.
(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.
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 may create advisory
committees to assist the department or state agency in carrying out
an activity authorized by Section 83.051. 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.
SUBCHAPTER D. COORDINATED STATE ENDANGERED SPECIES RESPONSE
COMMITTEE
Sec. 83.101. COMMITTEE COMPOSITION. The Coordinated State
Endangered Species Response Committee 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; and
(6) 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 response committee rotates among the
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 committee members,
shall:
(1) select the location of meetings of the response
committee; and
(2) set the agenda for meetings of the response
committee.
(c) Agency staff of the chair of the response committee
shall provide support for the committee.
Sec. 83.103. MEETINGS. (a) The response committee shall
meet at least monthly. Notice of meetings must be posted, and
meetings must be open to the public.
(b) Information regarding the meetings of the response
committee 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 response committee 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 response committee, shall
provide legal advice to the response committee.
Sec. 83.104. DUTIES OF RESPONSE COMMITTEE. The response
committee shall:
(1) oversee and guide the state's:
(A) coordinated response to listings and
potential listings of endangered species in this state; and
(B) comments and positions in response to actions
of the United States Fish and Wildlife Service; and
(2) 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.
Sec. 83.105. RULES. The response committee may adopt rules
as necessary to implement administrative procedures of the response
committee.
Sec. 83.106. REPORT. Not later than December 1 of each
even-numbered year, the response committee 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 response committee's findings and
recommendations;
(2) proposed legislation necessary to implement the
purposes of the response committee;
(3) a summary of the response committee's activities;
and
(4) any administrative recommendations proposed by
the response committee.
SECTION 6. 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 7. Section 403.453(a), 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)(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 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. The following provisions of the Government Code
are repealed:
(1) Section 490E.001;
(2) Section 490E.004(b);
(3) Section 490E.005; and
(4) Section 490E.006.
SECTION 10. 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 11. This Act takes effect September 1, 2013.