H.B. No. 3509
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. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 490F to read as follows:
CHAPTER 490F. HABITAT CONSERVATION BY A STATE AGENCY
Sec. 490F.001. DEFINITIONS. Notwithstanding the
definitions contained in Subchapter B, Chapter 83, Parks and
Wildlife Code, the following words and terms, when used in this
chapter, shall have the following meanings:
(1) "Habitat conservation plan" means a plan or
program to protect a candidate species or endangered species by
habitat preserves or other protection strategies developed in order
to prevent listing a species or if necessary to obtain a federal
permit.
(2) "State agency" means a state officer, board,
commission, or department with statewide jurisdiction, excluding
an institution of higher education.
(3) "Federal permit" means a permit issued under
Section 10(a) of the federal act.
Sec. 490F.002. STATE AGENCY AUTHORITY. (a) Under the
provisions of Section 490E.004(c), a state agency may 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, threatened, or endangered species. A state agency that
takes an action under this section must notify other members of the
task force described in Section 490E.003(a).
(b) An agency that takes an action described by Subsection
(a) must:
(1) cooperate with all appropriate member agencies of
the task force; and
(2) enter into an interagency contract that may
provide for the payment of funds held by the comptroller inside the
treasury, at the direction of the task force established in Chapter
490E, for the purposes of carrying out this chapter.
Sec. 490F.003. PUBLIC NOTICE AND INPUT. (a) Before
engaging in an activity authorized by Section 490F.002(a), a state
agency shall:
(1) provide public notice; and
(2) solicit and consider comments from:
(A) the task force on economic growth and
endangered species created under Section 490E.003;
(B) affected landowners;
(C) conservation interests;
(D) business interests affected by the activity;
and
(E) mineral owners.
Sec. 490F.004. HABITAT PROTECTION AND RESEARCH FUND. (a)
The habitat protection and research fund is held by the comptroller
inside 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. This fund does not apply to activities
related to species proposed for listing under the Endangered
Species Act prior to September 1, 2013.
(b) Money in the habitat protection and research fund may be
used only to:
(1) provide grants to institutions for research into
candidate, threatened, 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) Private money contributed to the habitat protection
fund under Section 403.452 is held by the comptroller outside the
treasury.
(d) Private funds collected pursuant to a mitigation plan
shall be held only by the comptroller outside the treasury for the
use prescribed by the plan.
(e) The comptroller may identify funds to reimburse state
institutions of higher education from the habitat protection and
research fund for science and biology research and work related to
threatened or endangered species.
Sec. 490F.005. CONFIDENTIAL INFORMATION. Information
collected under this chapter 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, property owner identification, species
identification, or quantity of any animal or plant life at a
specific location for which a plan is under consideration or
development or has been established under this chapter.
Information may be disclosed to a state agency or state officer upon
signature of a confidentiality agreement, but may not be disclosed
to a federal agency.
SECTION 2. Chapter 490E, Government Code, is amended by
adding Section 490E.000 to read as follows:
Sec. 490E.000. DUTIES. The task force on economic growth
and endangered species:
(1) shall 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 that is to be held by a state agency; and
(2) may coordinate the comments, positions and
response to listings and potential listings of endangered species
for state agencies.
SECTION 3. Sections 490E.003(a) and (b), Government Code,
are amended to read as follows:
(a) The task force on economic growth and endangered species
is created and is composed of the following or their designee:
(1) the comptroller;
(2) the commissioner of agriculture;
(3) the commissioner of the General Land Office;
(4) the chair of the Railroad Commission;
(5) the executive director of the State Soil and Water
Conservation Board;
(6) the executive director of the Parks and Wildlife
Department;
(7) [(4)] the executive director of the Texas
Department of Transportation;
(8) the director of the Texas A&M AgriLife Extension
Service; and
(9) the executive director of the Texas Commission on
Environmental Quality [(5) the executive director of the State
Soil and Water Conservation Board].
(b) The position of presiding officer rotates among the
statewide elected members specified in Subsection (a) 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
Subsection (a), beginning with the comptroller. [The comptroller
is the presiding officer of the task force.]
SECTION 4. Section 490E.004, Government Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) If requested by a landowner, other person in this state,
or a local government or a 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.]
(c) If determined by the task force, a state agency that is
represented on the task force may hold a permit issued under the
federal Endangered Species Act.
(d) The permit holder shall inform members of the task force
of any mitigation plan, including costs, at least 10 days prior to
the plan being submitted to the U.S. Fish and Wildlife Service for
approval.
SECTION 5. Section 490E.005, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsection (f) to read
as follows:
(a) With the advice of the task force, the presiding officer
shall [comptroller may] create at least one advisory committee for
each species [committees] to assist the task force with its work.
Of the members of an advisory committee:
(1) one-fourth [one-third] must be representatives of
affected landowners;
(2) one-fourth [one-third] must be representatives of
conservation interests; [and]
(3) one-fourth [one-third] must be representatives of
municipalities or other affected jurisdictions; and
(4) one-fourth must be representatives of affected
business interests.
(c) The presiding officer [comptroller] shall designate one
member of an advisory committee as interim presiding officer for
the purpose of calling and conducting the initial meeting of the
committee.
(f) The task force may create a Science and Biology Advisory
Committee for a specific species 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 and Wildlife Department
with science and biology expertise; and
(4) any other persons the task force deems appropriate
who have science and biology expertise.
SECTION 6. Section 490E.008, Government Code, is amended to
read as follows:
Sec. 490E.008. ADMINISTRATIVE SUPPORT. The presiding
officer's [comptroller's] office shall provide administrative
support and maintain a public website for [to] the task force.
SECTION 7. Chapter 490E, Government Code, is amended by
adding Section 490E.009 to read as follows:
Sec. 490E.009. ATTORNEY GENERAL. Notwithstanding Section
402.045, the attorney general, at the request of the task force,
shall provide legal advice to the task force.
SECTION 8. Section 403.452, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Except as provided under Section 490E.004(c), the
authority of the comptroller to enter into an agreement for any
species other than the dunes sagebrush lizard, under this section,
with the United States Fish and Wildlife Service for the
implementation of a candidate conservation plan or a habitat
conservation plan, expires September 1, 2013.
SECTION 9. Section 490E.006, Government Code, is repealed.
SECTION 10. The Task Force on Economic Growth and
Endangered Species, in collaboration with three members of the
House State Affairs Committee appointed by the speaker and three
members of the Senate Natural Resources Committee appointed by the
lieutenant governor, and one stakeholder representing landowner
interests appointed by the 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 study shall be submitted to
the governor, lieutenant governor, speaker, and members of the
legislature not later than December 1, 2014.
SECTION 11. Nothing in this Act precludes a person or group
of persons from working together and with the United States Fish and
Wildlife Service to address threatened or endangered species
issues.
SECTION 12. An approved conservation plan, federal permit
issued, an application for a federal permit submitted, or a
conservation agreement entered into prior to the effective date of
this bill is governed by the law in effect at the time the permit was
acquired or the plan was approved, and the former law continues in
effect for the purpose of full implementation of the conservation
plan, including the authority to apply for a federal permit in the
event of a listing decision for the species covered by the
conservation plan.
SECTION 13. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3509 was passed by the House on May
10, 2013, by the following vote: Yeas 118, Nays 16, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3509 on May 24, 2013, by the following vote: Yeas 134, Nays 10,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3509 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor