84R11782 BEF-D
By: González H.B. No. 2582
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain powers and duties related to
endangered species from the comptroller to the commissioner of
agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Q, Chapter 403, Government Code, is
transferred to Title 2, Agriculture Code, redesignated as Chapter
28, Agriculture Code, and amended to read as follows:
CHAPTER 28 [SUBCHAPTER Q]. SUPPORT FOR HABITAT PROTECTION MEASURES
Sec. 28.001 [403.451]. DEFINITIONS. In this chapter
[subchapter]:
(1) "Candidate conservation plan" means a plan to
implement such actions as 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," "federal permit," "habitat
conservation plan," and "mitigation fee" have the meanings assigned
by Section 83.011, Parks and Wildlife Code.
Sec. 28.002 [403.452]. [COMPTROLLER] POWERS AND DUTIES OF
COMMISSIONER. (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 commissioner [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 commissioner [comptroller] or
the development of which is coordinated by the commissioner
[comptroller];
(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 and administered by the
commissioner, 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 plan;
(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 commissioner [comptroller] or
the development of which is coordinated by the commissioner
[comptroller]; and
(6) implement, monitor, or support the implementation
of a habitat conservation plan or candidate conservation plan
developed by the commissioner [comptroller] or the development of
which is coordinated by the commissioner [comptroller].
(b) The commissioner [comptroller] may solicit and accept
appropriations, fees under this chapter [subchapter], gifts, or
grants from any public or private source, including the federal
government, this state, a public agency, or a political subdivision
of this state, for deposit to the credit of the fund established
under this section.
(c) The legislature finds that expenditures described by
Subsection (a)(4) serve public purposes, including economic
development in this state.
(d) The commissioner [comptroller] may establish a
nonprofit corporation or contract with a third party to perform one
or more of the commissioner's [comptroller's] functions under this
section.
Sec. 28.003 [403.453]. STATE AGENCY POWERS AND DUTIES.
(a) Upon consideration of the factors identified in Subsection
(b), the commissioner [comptroller] may designate one of the
following agencies to undertake the functions identified in Section
28.002(a) [403.452(a)(1), (2), (3), (5), or (6)]:
(1) the comptroller's office [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 General Appropriations Act for the
2016-2017 state fiscal biennium [2012-2013 appropriations bill].
(b) In designating an agency pursuant to Subsection (a), the
commissioner [comptroller] shall consider the following factors:
(1) the economic sectors impacted by the species of
interest that will be included in the habitat conservation plan or
candidate conservation plan;
(2) the identified threats to the species of interest;
and
(3) the location of the species of interest.
(c) The commissioner [comptroller] may enter into a
memorandum of understanding or an interagency contract with any of
the agencies listed in this section to implement this chapter
[subchapter] and to provide for the use of the habitat protection
fund.
Sec. 28.004 [403.454]. CONFIDENTIAL INFORMATION.
Information collected under this chapter [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 not
subject to Chapter 552, Government Code, 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
chapter [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.
Sec. 28.005 [403.455]. RULES. The commissioner
[comptroller] or agencies identified in Section 28.003 [403.453]
may adopt rules as necessary for the administration of this chapter
[subchapter].
SECTION 2. Section 490E.002, Government Code, is amended to
read as follows:
Sec. 490E.002. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of
agriculture.
(2) "Endangered species" has the meaning assigned by
Section 68.002, Parks and Wildlife Code.
(3) [(2)] "Task force" means the interagency task
force on economic growth and endangered species created under this
chapter.
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:
(1) the comptroller;
(2) the commissioner [of agriculture];
(3) the executive director of the Parks and Wildlife
Department;
(4) the executive director of the Texas Department of
Transportation; and
(5) the executive director of the State Soil and Water
Conservation Board.
(b) The commissioner [comptroller] is the presiding officer
of the task force.
SECTION 4. Sections 490E.005(a) and (c), Government Code,
are amended to read as follows:
(a) With the advice of the task force, the commissioner
[comptroller] may create advisory committees to assist the task
force with its work. Of the members of an advisory committee:
(1) one-third must be representatives of affected
landowners;
(2) one-third must be representatives of conservation
interests; and
(3) one-third must be representatives of
municipalities or other affected jurisdictions.
(c) The commissioner [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.
SECTION 5. Section 490E.008, Government Code, is amended to
read as follows:
Sec. 490E.008. ADMINISTRATIVE SUPPORT. The Department of
Agriculture [comptroller's office] shall provide administrative
support to the task force.
SECTION 6. (a) On the effective date of this Act, the
following are transferred from the comptroller to the commissioner
of agriculture:
(1) the powers, duties, functions, programs, and
activities of the comptroller under Subchapter Q, Chapter 403,
Government Code, as that subchapter existed immediately before the
effective date of this Act;
(2) a habitat conservation plan or candidate
conservation plan developed by the comptroller or the development
of which was coordinated by the comptroller under Subchapter Q,
Chapter 403, Government Code, as that subchapter existed
immediately before the effective date of this Act;
(3) any agreement with the United States Department of
the Interior entered into under Subchapter Q, Chapter 403,
Government Code, as that subchapter existed immediately before the
effective date of this Act;
(4) any nonprofit corporation established by the
comptroller under Subchapter Q, Chapter 403, Government Code, as
that subchapter existed immediately before the effective date of
this Act;
(5) any memoranda of understanding or interagency
contracts entered into by the comptroller under Subchapter Q,
Chapter 403, Government Code, as that subchapter existed
immediately before the effective date of this Act;
(6) any obligations or contracts of the comptroller
that are directly related to implementing a power, duty, function,
program, or activity transferred under this section; and
(7) all property and records in the custody of the
comptroller that are related to a power, duty, function, program,
or activity transferred under this section and all funds
appropriated by the legislature for that power, duty, function,
program, or activity.
(b) Information that was confidential under Section
403.454, Government Code, as that section existed immediately
before the effective date of this Act, remains confidential under
Section 28.004, Agriculture Code, as transferred, redesignated,
and amended by this Act.
(c) The rules, policies, procedures, and decisions of the
comptroller under Subchapter Q, Chapter 403, Government Code, as
that subchapter existed immediately before the effective date of
this Act, are continued in effect as rules, policies, procedures,
and decisions of the commissioner of agriculture until superseded
by a rule or other appropriate action of the commissioner under
Chapter 28, Agriculture Code, as transferred, redesignated, and
amended by this Act.
SECTION 7. (a) On the effective date of this Act, the
following are transferred from the comptroller to the commissioner
of agriculture:
(1) the powers, duties, functions, programs, and
activities of the comptroller under Chapter 490E, Government Code;
(2) any obligations and contracts of the comptroller
that are directly related to implementing a power, duty, function,
program, or activity transferred under this Act; and
(3) all property and records in the custody of the
comptroller that are related to a power, duty, function, program,
or activity transferred under this Act and all funds appropriated
by the legislature for that power, duty, function, program, or
activity.
(b) Any rules, policies, procedures, and decisions of the
comptroller under Chapter 490E, Government Code, are continued in
effect as rules, policies, procedures, and decisions of the
commissioner of agriculture until superseded by a rule or other
appropriate action of the commissioner.
SECTION 8. This Act takes effect September 1, 2015.