Texas 2015 - 84th Regular

Texas House Bill HB2582 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11782 BEF-D
2	2	By: González H.B. No. 2582
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transfer of certain powers and duties related to
8	8	endangered species from the comptroller to the commissioner of
9	9	agriculture.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter Q, Chapter 403, Government Code, is
12	12	transferred to Title 2, Agriculture Code, redesignated as Chapter
13	13	28, Agriculture Code, and amended to read as follows:
14	14	CHAPTER 28 [SUBCHAPTER Q]. SUPPORT FOR HABITAT PROTECTION MEASURES
15	15	Sec. 28.001 [403.451]. DEFINITIONS. In this chapter
16	16	[subchapter]:
17	17	(1) "Candidate conservation plan" means a plan to
18	18	implement such actions as necessary for the conservation of one or
19	19	more candidate species or species likely to become a candidate
20	20	species in the near future.
21	21	(2) "Candidate species" means a species identified by
22	22	the United States Department of the Interior as appropriate for
23	23	listing as threatened or endangered.
24	24	(3) "Endangered species," "federal permit," "habitat
25	25	conservation plan," and "mitigation fee" have the meanings assigned
26	26	by Section 83.011, Parks and Wildlife Code.
27	27	Sec. 28.002 [403.452]. [COMPTROLLER] POWERS AND DUTIES OF
28	28	COMMISSIONER. (a) To promote compliance with federal law
29	29	protecting endangered species and candidate species in a manner
30	30	consistent with this state's economic development and fiscal
31	31	stability, the commissioner [comptroller] may:
32	32	(1) develop or coordinate the development of a habitat
33	33	conservation plan or candidate conservation plan;
34	34	(2) apply for and hold a federal permit issued in
35	35	connection with a habitat conservation plan or candidate
36	36	conservation plan developed by the commissioner [comptroller] or
37	37	the development of which is coordinated by the commissioner
38	38	[comptroller];
39	39	(3) enter into an agreement for the implementation of
40	40	a candidate conservation plan with the United States Department of
41	41	the Interior or assist another entity in entering into such an
42	42	agreement;
43	43	(4) establish the habitat protection fund, to be held
44	44	by the comptroller outside the treasury and administered by the
45	45	commissioner, to be used to support the development or coordination
46	46	of the development of a habitat conservation plan or a candidate
47	47	conservation plan, or to pay the costs of monitoring or
48	48	administering the implementation of such a plan;
49	49	(5) impose or provide for the imposition of a
50	50	mitigation fee in connection with a habitat conservation plan or
51	51	such fees as are necessary or advisable for a candidate
52	52	conservation plan developed by the commissioner [comptroller] or
53	53	the development of which is coordinated by the commissioner
54	54	[comptroller]; and
55	55	(6) implement, monitor, or support the implementation
56	56	of a habitat conservation plan or candidate conservation plan
57	57	developed by the commissioner [comptroller] or the development of
58	58	which is coordinated by the commissioner [comptroller].
59	59	(b) The commissioner [comptroller] may solicit and accept
60	60	appropriations, fees under this chapter [subchapter], gifts, or
61	61	grants from any public or private source, including the federal
62	62	government, this state, a public agency, or a political subdivision
63	63	of this state, for deposit to the credit of the fund established
64	64	under this section.
65	65	(c) The legislature finds that expenditures described by
66	66	Subsection (a)(4) serve public purposes, including economic
67	67	development in this state.
68	68	(d) The commissioner [comptroller] may establish a
69	69	nonprofit corporation or contract with a third party to perform one
70	70	or more of the commissioner's [comptroller's] functions under this
71	71	section.
72	72	Sec. 28.003 [403.453]. STATE AGENCY POWERS AND DUTIES.
73	73	(a) Upon consideration of the factors identified in Subsection
74	74	(b), the commissioner [comptroller] may designate one of the
75	75	following agencies to undertake the functions identified in Section
76	76	28.002(a) [403.452(a)(1), (2), (3), (5), or (6)]:
77	77	(1) the comptroller's office [Department of
78	78	Agriculture];
79	79	(2) the Parks and Wildlife Department;
80	80	(3) the Texas Department of Transportation;
81	81	(4) the State Soil and Water Conservation Board; or
82	82	(5) any agency receiving funds through Article VI
83	83	(Natural Resources) of the General Appropriations Act for the
84	84	2016-2017 state fiscal biennium [2012-2013 appropriations bill].
85	85	(b) In designating an agency pursuant to Subsection (a), the
86	86	commissioner [comptroller] shall consider the following factors:
87	87	(1) the economic sectors impacted by the species of
88	88	interest that will be included in the habitat conservation plan or
89	89	candidate conservation plan;
90	90	(2) the identified threats to the species of interest;
91	91	and
92	92	(3) the location of the species of interest.
93	93	(c) The commissioner [comptroller] may enter into a
94	94	memorandum of understanding or an interagency contract with any of
95	95	the agencies listed in this section to implement this chapter
96	96	[subchapter] and to provide for the use of the habitat protection
97	97	fund.
98	98	Sec. 28.004 [403.454]. CONFIDENTIAL INFORMATION.
99	99	Information collected under this chapter [subchapter] by an agency,
100	100	or an entity acting on the agency's behalf, from a private landowner
101	101	or other participant or potential participant in a habitat
102	102	conservation plan, proposed habitat conservation plan, candidate
103	103	conservation plan, or proposed candidate conservation plan is not
104	104	subject to Chapter 552, Government Code, and may not be disclosed to
105	105	any person, including a state or federal agency, if the information
106	106	relates to the specific location, species identification, or
107	107	quantity of any animal or plant life for which a plan is under
108	108	consideration or development or has been established under this
109	109	chapter [subchapter]. The agency may disclose information
110	110	described by this section only to the person who provided the
111	111	information unless the person consents in writing to full or
112	112	specified partial disclosure of the information.
113	113	Sec. 28.005 [403.455]. RULES. The commissioner
114	114	[comptroller] or agencies identified in Section 28.003 [403.453]
115	115	may adopt rules as necessary for the administration of this chapter
116	116	[subchapter].
117	117	SECTION 2. Section 490E.002, Government Code, is amended to
118	118	read as follows:
119	119	Sec. 490E.002. DEFINITIONS. In this chapter:
120	120	(1) "Commissioner" means the commissioner of
121	121	agriculture.
122	122	(2) "Endangered species" has the meaning assigned by
123	123	Section 68.002, Parks and Wildlife Code.
124	124	(3) [(2)] "Task force" means the interagency task
125	125	force on economic growth and endangered species created under this
126	126	chapter.
127	127	SECTION 3. Sections 490E.003(a) and (b), Government Code,
128	128	are amended to read as follows:
129	129	(a) The task force on economic growth and endangered species
130	130	is created and is composed of:
131	131	(1) the comptroller;
132	132	(2) the commissioner [of agriculture];
133	133	(3) the executive director of the Parks and Wildlife
134	134	Department;
135	135	(4) the executive director of the Texas Department of
136	136	Transportation; and
137	137	(5) the executive director of the State Soil and Water
138	138	Conservation Board.
139	139	(b) The commissioner [comptroller] is the presiding officer
140	140	of the task force.
141	141	SECTION 4. Sections 490E.005(a) and (c), Government Code,
142	142	are amended to read as follows:
143	143	(a) With the advice of the task force, the commissioner
144	144	[comptroller] may create advisory committees to assist the task
145	145	force with its work. Of the members of an advisory committee:
146	146	(1) one-third must be representatives of affected
147	147	landowners;
148	148	(2) one-third must be representatives of conservation
149	149	interests; and
150	150	(3) one-third must be representatives of
151	151	municipalities or other affected jurisdictions.
152	152	(c) The commissioner [comptroller] shall designate one
153	153	member of an advisory committee as interim presiding officer for
154	154	the purpose of calling and conducting the initial meeting of the
155	155	committee.
156	156	SECTION 5. Section 490E.008, Government Code, is amended to
157	157	read as follows:
158	158	Sec. 490E.008. ADMINISTRATIVE SUPPORT. The Department of
159	159	Agriculture [comptroller's office] shall provide administrative
160	160	support to the task force.
161	161	SECTION 6. (a) On the effective date of this Act, the
162	162	following are transferred from the comptroller to the commissioner
163	163	of agriculture:
164	164	(1) the powers, duties, functions, programs, and
165	165	activities of the comptroller under Subchapter Q, Chapter 403,
166	166	Government Code, as that subchapter existed immediately before the
167	167	effective date of this Act;
168	168	(2) a habitat conservation plan or candidate
169	169	conservation plan developed by the comptroller or the development
170	170	of which was coordinated by the comptroller under Subchapter Q,
171	171	Chapter 403, Government Code, as that subchapter existed
172	172	immediately before the effective date of this Act;
173	173	(3) any agreement with the United States Department of
174	174	the Interior entered into under Subchapter Q, Chapter 403,
175	175	Government Code, as that subchapter existed immediately before the
176	176	effective date of this Act;
177	177	(4) any nonprofit corporation established by the
178	178	comptroller under Subchapter Q, Chapter 403, Government Code, as
179	179	that subchapter existed immediately before the effective date of
180	180	this Act;
181	181	(5) any memoranda of understanding or interagency
182	182	contracts entered into by the comptroller under Subchapter Q,
183	183	Chapter 403, Government Code, as that subchapter existed
184	184	immediately before the effective date of this Act;
185	185	(6) any obligations or contracts of the comptroller
186	186	that are directly related to implementing a power, duty, function,
187	187	program, or activity transferred under this section; and
188	188	(7) all property and records in the custody of the
189	189	comptroller that are related to a power, duty, function, program,
190	190	or activity transferred under this section and all funds
191	191	appropriated by the legislature for that power, duty, function,
192	192	program, or activity.
193	193	(b) Information that was confidential under Section
194	194	403.454, Government Code, as that section existed immediately
195	195	before the effective date of this Act, remains confidential under
196	196	Section 28.004, Agriculture Code, as transferred, redesignated,
197	197	and amended by this Act.
198	198	(c) The rules, policies, procedures, and decisions of the
199	199	comptroller under Subchapter Q, Chapter 403, Government Code, as
200	200	that subchapter existed immediately before the effective date of
201	201	this Act, are continued in effect as rules, policies, procedures,
202	202	and decisions of the commissioner of agriculture until superseded
203	203	by a rule or other appropriate action of the commissioner under
204	204	Chapter 28, Agriculture Code, as transferred, redesignated, and
205	205	amended by this Act.
206	206	SECTION 7. (a) On the effective date of this Act, the
207	207	following are transferred from the comptroller to the commissioner
208	208	of agriculture:
209	209	(1) the powers, duties, functions, programs, and
210	210	activities of the comptroller under Chapter 490E, Government Code;
211	211	(2) any obligations and contracts of the comptroller
212	212	that are directly related to implementing a power, duty, function,
213	213	program, or activity transferred under this Act; and
214	214	(3) all property and records in the custody of the
215	215	comptroller that are related to a power, duty, function, program,
216	216	or activity transferred under this Act and all funds appropriated
217	217	by the legislature for that power, duty, function, program, or
218	218	activity.
219	219	(b) Any rules, policies, procedures, and decisions of the
220	220	comptroller under Chapter 490E, Government Code, are continued in
221	221	effect as rules, policies, procedures, and decisions of the
222	222	commissioner of agriculture until superseded by a rule or other
223	223	appropriate action of the commissioner.
224	224	SECTION 8. This Act takes effect September 1, 2015.