Texas 2015 - 84th Regular

Texas Senate Bill SB1597 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Kolkhorst S.B. No. 1597
2	2	(In the Senate - Filed March 12, 2015; March 23, 2015, read
3	3	first time and referred to Committee on Agriculture, Water, and
4	4	Rural Affairs; April 16, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 0;
6	6	April 16, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1597 By: Hall
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the transfer of the Texas Farm and Ranch Lands
14	14	Conservation Program to the Parks and Wildlife Department.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter B, Chapter 183, Natural Resources
17	17	Code, is transferred to Subtitle E, Title 5, Parks and Wildlife
18	18	Code, redesignated as Chapter 84, Parks and Wildlife Code, and
19	19	amended to read as follows:
20	20	CHAPTER 84 [SUBCHAPTER B]. TEXAS FARM AND RANCH LANDS CONSERVATION
21	21	PROGRAM
22	22	Sec. 84.001 [183.051]. PURPOSE. The purpose of the program
23	23	established under this chapter [subchapter] is to enable and
24	24	facilitate the purchase and donation of agricultural conservation
25	25	easements.
26	26	Sec. 84.002 [183.052]. DEFINITIONS. In this chapter
27	27	[subchapter]:
28	28	(1) "Agricultural conservation easement" means a
29	29	conservation easement in qualified land that is designed to
30	30	accomplish one or more of the following additional purposes:
31	31	(A) conserving water quality or quantity;
32	32	(B) conserving native wildlife species through
33	33	protection of their habitat;
34	34	(C) conserving rare or sensitive plant species;
35	35	or
36	36	(D) conserving large tracts of qualified
37	37	open-space land that are threatened with fragmentation or
38	38	development.
39	39	(2) "Conservation easement" has the meaning assigned
40	40	by Section 183.001, Natural Resources Code ["Commissioner" means
41	41	the commissioner of the General Land Office].
42	42	(3) "Council" means the Texas Farm and Ranch Lands
43	43	Conservation Council established under Section 84.011 [183.061].
44	44	(4) "Fund" means the Texas farm and ranch lands
45	45	conservation fund established under Section 84.008 [183.058].
46	46	(5) "Holder" has the meaning assigned by Section
47	47	183.001, Natural Resources Code ["Land office" means the General
48	48	Land Office].
49	49	(6) "Program" means the Texas farm and ranch lands
50	50	conservation program established under this chapter [subchapter].
51	51	(7) "Purchase of agricultural conservation easement"
52	52	means the purchase from a willing seller of an agricultural
53	53	conservation easement.
54	54	(8) "Qualified easement holder" means a holder that
55	55	is:
56	56	(A) a state agency, a county, or a municipality;
57	57	or
58	58	(B) an organization that is exempt from federal
59	59	income taxation under Section 501(a), Internal Revenue Code of
60	60	1986, as an organization described by Section 501(c)(3) of that
61	61	code and that is organized for the purpose of preserving
62	62	agriculture, open space, or natural resources.
63	63	(9) "Qualified land" means qualified open-space land,
64	64	as that term is defined by Section 23.51, Tax Code.
65	65	Sec. 84.003 [183.053]. PROGRAM. The Texas farm and ranch
66	66	lands conservation program is established as a program of the
67	67	department [land office] for the purpose of administering the
68	68	assistance to be provided by the fund for the purchase of
69	69	agricultural conservation easements.
70	70	Sec. 84.004 [183.054]. TERMS OF AGRICULTURAL CONSERVATION
71	71	EASEMENT. (a) An agricultural conservation easement under this
72	72	chapter [subchapter] must be perpetual or for a term of 30 years.
73	73	(b) The owner of qualified land and a potential purchaser of
74	74	an agricultural conservation easement should consider and
75	75	negotiate easement terms, including the following considerations:
76	76	(1) whether the landowner will receive a lump sum or
77	77	annual payments;
78	78	(2) whether the term of the easement shall be
79	79	perpetual or for a term of 30 years;
80	80	(3) whether a term easement is renewable;
81	81	(4) whether the landowner retains limited development
82	82	rights; and
83	83	(5) the purchase price of the easement.
84	84	(c) An agricultural conservation easement may not be
85	85	assigned to or enforced by a third party without the express written
86	86	consent of the landowner.
87	87	Sec. 84.005 [183.055]. TERMINATION OF EASEMENT. (a) Any
88	88	time after an agricultural conservation easement is acquired with a
89	89	grant awarded under this chapter [subchapter], the landowner may
90	90	request that the council terminate the easement as provided by
91	91	Subsection (b) on the ground that the landowner is unable to meet
92	92	the conservation goals as described by Section 84.002(1)
93	93	[183.052(1)]. The termination request must contain a verifiable
94	94	statement of impossibility.
95	95	(b) On receipt of the request for termination, the council
96	96	shall notify the qualified easement holder and conduct an inquiry.
97	97	Not later than the 180th day after the date the council receives the
98	98	request, the council shall notify the parties of the decision to
99	99	grant or deny the request for termination. Either party may appeal
100	100	the decision in district court not later than the 45th day after the
101	101	date of the notification.
102	102	Sec. 84.006 [183.056]. REPURCHASE BY LANDOWNER. (a) In
103	103	this section:
104	104	(1) "Agricultural value" means the price as of the
105	105	appraisal date a buyer willing, but not obligated, to buy would pay
106	106	for a farm or ranch unit with land comparable in quality and
107	107	composition to the subject property, but located in the nearest
108	108	location where profitable farming or ranching is feasible.
109	109	(2) "Fair market value" means the price as of the
110	110	appraisal date that a buyer willing, but not obligated, to buy would
111	111	pay for the land at its best and most beneficial use under any
112	112	obtainable development zoning category.
113	113	(b) If a request for termination of an agricultural
114	114	conservation easement is granted under Section 84.005 [183.055],
115	115	the director [commissioner] shall order an appraisal of the fair
116	116	market value and the agricultural value of the property subject to
117	117	the easement. The landowner shall bear the cost of the appraisal.
118	118	(c) Not later than the 180th day after the date of the
119	119	appraisal under Subsection (b), the landowner must pay to the
120	120	qualified easement holder an amount equal to the difference between
121	121	the fair market value and the agricultural value. The qualified
122	122	easement holder shall pay to the fund any amounts received under
123	123	this subsection, not to exceed the amount paid by the fund for
124	124	purchase of the easement.
125	125	(d) Not later than the 30th day after the date of payment by
126	126	the landowner under Subsection (c), the qualified easement holder
127	127	shall terminate the easement.
128	128	(e) If the request for termination is denied or if the
129	129	landowner fails to make the payment required by Subsection (c) in
130	130	the time required by that subsection, the landowner may not submit
131	131	another request for termination of the easement before the fifth
132	132	anniversary of the date of the last request.
133	133	Sec. 84.007 [183.057]. PROTECTED LAND; NOTICE OF TAKING.
134	134	(a) A department or agency of this state, a county, a
135	135	municipality, another political subdivision, or a public utility
136	136	may not approve any program or project that requires the use or
137	137	taking through eminent domain of private land encumbered by an
138	138	agricultural conservation easement purchased under this chapter
139	139	[subchapter] unless the governmental entity or public utility
140	140	acting through its governing body or officers determines that:
141	141	(1) there is no feasible and prudent alternative to
142	142	the use or taking of the land; and
143	143	(2) the program or project includes all reasonable
144	144	planning to minimize harm to the land resulting from the use or
145	145	taking.
146	146	(b) A determination required by Subsection (a) may be made
147	147	only at a properly noticed public hearing.
148	148	(c) The governing body or officers of the governmental
149	149	entity or public utility may consider clearly enunciated local
150	150	preferences, and the provisions of this chapter [subchapter] do not
151	151	constitute a mandatory prohibition against the use of the area if
152	152	the determinations required by Subsection (a) are made.
153	153	(d) If, after making the determination required by
154	154	Subsection (a), a department or agency of this state, a county, a
155	155	municipality, another political subdivision, or a public utility
156	156	acquires by eminent domain a fee simple interest in land encumbered
157	157	by an agricultural conservation easement purchased under this
158	158	chapter [subchapter]:
159	159	(1) the easement on the condemned property terminates;
160	160	and
161	161	(2) the entity exercising the power of eminent domain
162	162	shall:
163	163	(A) pay for an appraisal of the fair market
164	164	value, as that term is defined by Section 84.006 [183.056], of the
165	165	property subject to condemnation;
166	166	(B) pay to the qualified easement holder an
167	167	amount equal to the amount paid by the holder for the portion of the
168	168	easement affecting the property to be condemned;
169	169	(C) pay to the landowner an amount equal to the
170	170	fair market value of the condemned property less the amount paid to
171	171	the qualified easement holder under Paragraph (B); and
172	172	(D) pay to the landowner and the qualified
173	173	easement holder any additional damages to their interests in the
174	174	remaining property, as determined by the special commissioners
175	175	under Section 21.042, Property Code.
176	176	(e) If, after making the determination required by
177	177	Subsection (a), a department or agency of this state, a county, a
178	178	municipality, another political subdivision, or a public utility
179	179	acquires by eminent domain an interest other than a fee simple
180	180	interest in land encumbered by an agricultural conservation
181	181	easement purchased under this chapter [subchapter]:
182	182	(1) the entity exercising the power of eminent domain
183	183	shall pay for an appraisal of the fair market value, as that term is
184	184	defined by Section 84.006 [183.056], of the property subject to
185	185	condemnation; and
186	186	(2) the special commissioners shall consider the fair
187	187	market value as the value of the property for purposes of assessing
188	188	damages under Section 21.042, Property Code.
189	189	(f) The qualified easement holder shall pay to the fund any
190	190	amounts received under Subsections (d) and (e), not to exceed the
191	191	amount paid by the fund for the purchase of the easement.
192	192	Sec. 84.008 [183.058]. TEXAS FARM AND RANCH LANDS
193	193	CONSERVATION FUND. (a) The Texas farm and ranch lands
194	194	conservation fund is an account in the general revenue fund that may
195	195	be appropriated only to the department [land office] to be used as
196	196	provided by Subsection (b). The fund may not be used for grants to
197	197	purchase or acquire any right or interest in property by eminent
198	198	domain. The fund consists of:
199	199	(1) money appropriated by the legislature to the fund;
200	200	(2) public or private grants, gifts, donations, or
201	201	contributions;
202	202	(3) funds from any other source, including proceeds
203	203	from the sale of bonds, state or federal mitigation funds, or funds
204	204	from any local, state, or federal program;
205	205	(4) proceeds of the sale of real property not required
206	206	for the management of real property under Section 31.065(d),
207	207	Natural Resources Code; and
208	208	(5) proceeds of the sale of real property under
209	209	Section 31.066(d), Natural Resources Code.
210	210	(b) The fund may be used only:
211	211	(1) to award grants to qualified easement holders for
212	212	the purchase of agricultural conservation easements;
213	213	(2) to pay transaction costs related to the purchase
214	214	of agricultural conservation easements, which may include
215	215	reimbursement of appraisal costs; and
216	216	(3) to pay associated administrative costs of the
217	217	department [land office], not to exceed five percent of the money in
218	218	the fund.
219	219	Sec. 84.009 [183.059]. ADMINISTRATION OF FUND. (a) The
220	220	council may:
221	221	(1) adopt rules necessary to perform program duties
222	222	under this chapter [subchapter];
223	223	(2) request, accept, and use gifts, loans, donations,
224	224	aid, appropriations, guaranties, subsidies, grants, or
225	225	contributions of any item of value for the furtherance of any
226	226	purposes of this chapter [subchapter];
227	227	(3) establish, charge, and collect fees, charges, and
228	228	penalties in connection with the programs, services, and activities
229	229	provided for by this chapter [subchapter];
230	230	(4) make, enter into, and enforce contracts and
231	231	agreements, and take other actions as may accomplish any of the
232	232	purposes of this chapter [subchapter];
233	233	(5) seek ways to coordinate and leverage public and
234	234	private sources of funding;
235	235	(6) adopt best practices and enforcement standards for
236	236	the evaluation of easements purchased through grants from the fund;
237	237	(7) establish a protocol for the purchase of
238	238	agricultural conservation easements and for the distribution of
239	239	funds to approved applicants;
240	240	(8) administer grants awarded to successful
241	241	applicants;
242	242	(9) ensure that agricultural conservation easements
243	243	purchased under this chapter [subchapter] are not inconsistent with
244	244	the preservation of open space and the conservation of wildlife
245	245	habitat or water; and
246	246	(10) approve the termination of easements and take any
247	247	other action necessary to further the goals of the program.
248	248	(b) To receive a grant from the fund under this chapter
249	249	[subchapter], an applicant who is qualified to be an easement
250	250	holder under this chapter [subchapter] must submit an application
251	251	to the council. The application must:
252	252	(1) set out the parties' clear conservation goals
253	253	consistent with the program;
254	254	(2) include a site-specific estimate-of-value
255	255	appraisal by a licensed appraiser qualified to determine the market
256	256	value of the easement; and
257	257	(3) include a memorandum of understanding signed by
258	258	the landowner and the applicant indicating intent to sell an
259	259	agricultural conservation easement and containing the terms of the
260	260	contract for the sale of the easement.
261	261	(c) For the purposes of determining the amount of a grant
262	262	under this chapter [subchapter], the value of an agricultural
263	263	conservation easement shall be determined by a site-specific
264	264	estimate-of-value appraisal performed by a licensed, qualified
265	265	appraiser.
266	266	Sec. 84.010 [183.060]. CRITERIA FOR AWARDING GRANTS. The
267	267	council shall:
268	268	(1) give priority to applications that protect highly
269	269	productive agricultural lands that are susceptible to development,
270	270	including subdivision and fragmentation; and
271	271	(2) adopt a scoring process to be used in evaluating
272	272	applications that considers the following:
273	273	(A) [(1)] maintenance of landscape and watershed
274	274	integrity to conserve water and natural resources;
275	275	(B) [(2) protection of highly productive
276	276	agricultural lands;
277	277	[(3)] protection of habitats for native plant and
278	278	animal species, including habitats for endangered, threatened,
279	279	rare, or sensitive species;
280	280	(C) [(4) susceptibility of the subject property
281	281	to subdivision, fragmentation, or other development;
282	282	[(5)] potential for leveraging state money allocated
283	283	to the program with additional public or private money;
284	284	(D) [(6)] proximity of the subject property to
285	285	other protected lands;
286	286	(E) [(7)] the term of the proposed easement,
287	287	whether perpetual or for a term of 30 years; and
288	288	(F) [(8)] a resource management plan agreed to by
289	289	both parties and approved by the council.
290	290	Sec. 84.011 [183.061]. TEXAS FARM AND RANCH LANDS
291	291	CONSERVATION COUNCIL. (a) The Texas Farm and Ranch Lands
292	292	Conservation Council is established to advise and assist the
293	293	director [commissioner] with administration of the program and to
294	294	select applicants to receive grants under this chapter [subchapter]
295	295	using the criteria adopted by the council under Section 84.010
296	296	[183.060]. The council consists of 12 members as follows:
297	297	(1) six members appointed by the governor as follows:
298	298	(A) two members [one member] who each operate
299	299	[operates] a family farm or ranch in this state;
300	300	(B) one member who is the designated
301	301	representative of an agricultural banking or lending organization
302	302	and who has significant experience lending for farms and ranches or
303	303	lands encumbered by conservation easements;
304	304	(C) two members who are the designated
305	305	representatives of a statewide agricultural organization in
306	306	existence in this state for not less than 10 years; and
307	307	(D) one member who is a designated representative
308	308	of a statewide nonprofit organization that represents land trusts
309	309	operating in this state; and
310	310	[(E) one member from a state institution of
311	311	higher education who has significant experience with natural
312	312	resources issues; and]
313	313	(2) six [four] ex officio members as follows:
314	314	(A) the executive director of the State Soil and
315	315	Water Conservation Board [the commissioner];
316	316	(B) the commissioner of agriculture or the
317	317	commissioner's designee;
318	318	(C) the chair of the Texas Water Development
319	319	Board, or the chair's designee [presiding officer of the Parks and
320	320	Wildlife Commission or the presiding officer's designee]; [and]
321	321	(D) the state conservationist of the Natural
322	322	Resources Conservation Service of the United States Department of
323	323	Agriculture or a designee of that person, who serves as a nonvoting
324	324	member;
325	325	(E) the presiding officer of the commission or
326	326	the presiding officer's designee, who must be a member of the
327	327	commission; and
328	328	(F) the executive director of the Texas A&M
329	329	Institute of Renewable Natural Resources.
330	330	(b) Appointed members of the council serve staggered terms
331	331	of six years, with two of the members' terms expiring February 1 of
332	332	each odd-numbered year.
333	333	(c) Appointments to and removal from the council shall be
334	334	made by the governor without regard to the race, color, disability,
335	335	sex, religion, age, or national origin of the appointees.
336	336	(d) The presiding officer of the commission or the presiding
337	337	officer's [commissioner or the commissioner's] designee shall serve
338	338	as the presiding officer of the council unless, at the presiding
339	339	officer of the commission's discretion, the executive director of
340	340	the department shall serve as the presiding officer of the council.
341	341	The presiding officer of the council [and] shall designate from
342	342	among the members of the council an assistant presiding officer of
343	343	the council to serve in that capacity at the will of the presiding
344	344	officer of the council [commissioner]. The council may choose from
345	345	its appointed members other officers as the council considers
346	346	necessary.
347	347	(e) A member of the council is not entitled to compensation
348	348	for service on the council but is entitled to reimbursement of the
349	349	necessary and reasonable travel expenses incurred by the member
350	350	while conducting the business of the council, as provided for state
351	351	employees by the General Appropriations Act.
352	352	(f) The council shall meet not less than once each year.
353	353	(g) A person may not be appointed as a council member if the
354	354	person or the person's spouse:
355	355	(1) is employed by or participates in the management
356	356	of a business entity or other organization receiving money under
357	357	the program;
358	358	(2) owns or controls, directly or indirectly, more
359	359	than a 10 percent interest in a business entity or other
360	360	organization receiving money under the program; or
361	361	(3) uses or receives a substantial amount of tangible
362	362	goods, services, or money under the program other than
363	363	reimbursement authorized by law for travel expenses as described by
364	364	Subsection (e).
365	365	(h) In this subsection, "Texas trade association" means a
366	366	cooperative and voluntarily joined statewide association of
367	367	business or professional competitors in this state designed to
368	368	assist its members and its industry or profession in dealing with
369	369	mutual business or professional problems and in promoting their
370	370	common interest. A person may not be an appointed member of the
371	371	council if:
372	372	(1) the person is an officer, employee, or paid
373	373	consultant of a Texas trade association for an occupation or
374	374	profession with an interest in land conservation that is related to
375	375	the occupation or profession; or
376	376	(2) the person's spouse is an officer, manager, or paid
377	377	consultant of a Texas trade association for an occupation or
378	378	profession with an interest in land conservation that is related to
379	379	that occupation or profession.
380	380	(i) A person may not be an appointed member of the council or
381	381	act as the general counsel to the council if the person is required
382	382	to register as a lobbyist under Chapter 305, Government Code,
383	383	because of the person's activities for compensation on behalf of an
384	384	occupation or profession with an interest in land conservation that
385	385	is related to that occupation or profession.
386	386	(j) It is a ground for removal from the council if a member:
387	387	(1) is ineligible for membership under this section;
388	388	(2) cannot, because of illness or disability,
389	389	discharge the member's duties for a substantial part of the member's
390	390	term; or
391	391	(3) is absent from more than half of the regularly
392	392	scheduled council meetings that the member is eligible to attend
393	393	during a calendar year without an excuse approved by a majority vote
394	394	of the council.
395	395	(k) The validity of an action of the council is not affected
396	396	by the fact that it is taken when a ground for removal of a
397	397	participating council member exists.
398	398	(l) If the presiding officer of the council has knowledge
399	399	that a potential ground for removal exists, the presiding officer
400	400	of the council shall notify the director [commissioner] and the
401	401	governor that a potential ground for removal exists.
402	402	(m) The presiding officer of the council or that person's
403	403	[the presiding officer's] designee, with the assistance of staff of
404	404	the department [land office], shall provide to members of the
405	405	council information regarding a member's responsibilities under
406	406	applicable laws relating to standards of conduct for state
407	407	officers.
408	408	(n) A person who is appointed to and qualifies for office as
409	409	a member of the council may not vote, deliberate, or be counted as a
410	410	member in attendance at a meeting of the council until the person
411	411	completes a training program that complies with this section. The
412	412	training program must provide the person with information
413	413	regarding:
414	414	(1) the legislation that created the council;
415	415	(2) the program to be administered under this chapter
416	416	[subchapter];
417	417	(3) the role and functions of the council;
418	418	(4) the rules of the council, with an emphasis on the
419	419	rules that relate to disciplinary and investigatory authority;
420	420	(5) the current budget for the council;
421	421	(6) the results of the most recent formal audit of the
422	422	council;
423	423	(7) the requirements of:
424	424	(A) the open meetings law, Chapter 551,
425	425	Government Code;
426	426	(B) the public information law, Chapter 552,
427	427	Government Code;
428	428	(C) the administrative procedure law, Chapter
429	429	2001, Government Code; and
430	430	(D) other laws relating to public officials,
431	431	including conflict-of-interest laws; and
432	432	(8) any applicable policies adopted by the council or
433	433	the Texas Ethics Commission.
434	434	(o) A person appointed to the council is entitled to
435	435	reimbursement, as provided by the General Appropriations Act, for
436	436	the travel expenses incurred in attending the training program
437	437	regardless of whether the attendance at the training program occurs
438	438	before or after the person qualifies for office.
439	439	Sec. 84.012 [183.062]. EFFECT ON TAX APPRAISAL. An
440	440	agricultural conservation easement under this chapter [subchapter]
441	441	does not affect the eligibility of the property subject to the
442	442	easement for appraisal for ad valorem tax purposes under Subchapter
443	443	D, Chapter 23, Tax Code.
444	444	Sec. 84.013 [183.063]. REPORT TO TEXAS DEPARTMENT OF
445	445	TRANSPORTATION. Not later than the 10th day after the date of a
446	446	closing of a purchase of an easement under this chapter
447	447	[subchapter], the department [land office] shall provide the Texas
448	448	Department of Transportation a legal description of the property
449	449	subject to the easement and shall include with the description the
450	450	date the closing occurred.
451	451	SECTION 2. Section 31.065(d), Natural Resources Code, is
452	452	amended to read as follows:
453	453	(d) If real property acquired by grant, gift, devise, or
454	454	bequest is not held as part of the permanent school fund or
455	455	possessed, administered, or used by a particular state agency,
456	456	board, commission, department, or other particular state entity,
457	457	the commissioner may manage that real property or sell or exchange
458	458	the real property under terms and conditions the commissioner
459	459	determines to be in the best interest of the state. Real property
460	460	sold under this subsection must be sold in accordance with Section
461	461	31.158. Proceeds of the sale that are not required for the
462	462	management of real property under this subsection shall be
463	463	deposited in the Texas farm and ranch lands conservation fund
464	464	established under Chapter 84, Parks and Wildlife Code [183]. Real
465	465	property acquired under this subsection may be dedicated by the
466	466	commissioner to any state agency, board, commission, or department,
467	467	a political subdivision or other governmental entity of this state,
468	468	or the federal government, for the benefit and use of the public in
469	469	exchange for nonmonetary consideration, if the commissioner
470	470	determines that the exchange is in the best interest of the state.
471	471	SECTION 3. Section 31.066(d), Natural Resources Code, is
472	472	amended to read as follows:
473	473	(d) The commissioner may sell any title or interest acquired
474	474	by the state under this section in accordance with Section
475	475	31.158. Proceeds of the sale shall be deposited in the Texas farm
476	476	and ranch lands conservation fund established under Chapter 84,
477	477	Parks and Wildlife Code [183].
478	478	SECTION 4. (a) Not later than January 1, 2016, the
479	479	governor shall make the appointments described by Section 84.011,
480	480	Parks and Wildlife Code, as amended by this Act.
481	481	(b) Not later than January 1, 2016, the General Land Office
482	482	and the Parks and Wildlife Department shall enter into a memorandum
483	483	of understanding relating to the transfer of the administration of
484	484	the Texas Farm and Ranch Lands Conservation Program from the
485	485	General Land Office to the Parks and Wildlife Department. The
486	486	memorandum of understanding must include a timetable and specific
487	487	steps and methods for the transfer on September 1, 2016, of all
488	488	powers, duties, obligations, rights, contracts, leases, records,
489	489	real or personal property, personnel, and unspent and unobligated
490	490	appropriations and other funds relating to the administration of
491	491	the Texas Farm and Ranch Lands Conservation Program from the
492	492	General Land Office to the Parks and Wildlife Department.
493	493	(c) On September 1, 2016, the following are transferred to
494	494	the Department of Parks and Wildlife:
495	495	(1) all powers, duties, obligations, and liabilities
496	496	of the General Land Office relating to the administration of the
497	497	Texas Farm and Ranch Lands Conservation Program;
498	498	(2) all unobligated and unexpended funds appropriated
499	499	to the General Land Office designated for the purpose of the
500	500	administration of the Texas Farm and Ranch Lands Conservation
501	501	Program;
502	502	(3) all equipment and property of the General Land
503	503	Office used for the administration of the Texas Farm and Ranch Lands
504	504	Conservation Program;
505	505	(4) all personnel, as described by the memorandum of
506	506	understanding entered into under Subsection (b) of this section;
507	507	and
508	508	(5) all files and other records of the General Land
509	509	Office kept by the office regarding the Texas Farm and Ranch Lands
510	510	Conservation Program.
511	511	(d) Before September 1, 2016, the General Land Office may
512	512	agree with the Parks and Wildlife Department to transfer any
513	513	property of the General Land Office to the Parks and Wildlife
514	514	Department to implement the transfer required by this Act.
515	515	(e) In the period beginning on the effective date of this
516	516	Act and ending on September 1, 2016, the General Land Office shall
517	517	continue to perform functions and activities under Subchapter B,
518	518	Chapter 183, Natural Resources Code, as if that subchapter had not
519	519	been transferred, redesignated, and amended by this Act, and the
520	520	former law is continued in effect for that purpose.
521	521	SECTION 5. This Act takes effect immediately if it receives
522	522	a vote of two-thirds of all the members elected to each house, as
523	523	provided by Section 39, Article III, Texas Constitution. If this
524	524	Act does not receive the vote necessary for immediate effect, this
525	525	Act takes effect September 1, 2015.
526	526	* * * * *