Texas 2017 - 85th Regular

Texas House Bill HB4304 Compare Versions

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

Old	New	Differences
1	1	85R20056 SLB-F
2	2	By: Workman H.B. No. 4304
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to restrictions on habitat conservation plans in Travis
8	8	County.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 7, Parks and Wildlife Code, is amended by
11	11	adding Chapter 287 to read as follows:
12	12	CHAPTER 287. TRAVIS COUNTY
13	13	Sec. 287.001. DEFINITIONS. In this chapter, "federal act,"
14	14	"federal permit," "habitat conservation plan," "habitat preserve,"
15	15	and "plan participant" have the meanings assigned by Section
16	16	83.011.
17	17	Sec. 287.002. APPLICABILITY. This chapter applies to
18	18	Travis County.
19	19	Sec. 287.003. PROHIBITION OF INCLUSION OF PARK LAND IN
20	20	HABITAT CONSERVATION PLAN. (a) Land dedicated for the purpose of
21	21	serving as a public park may not be included in a habitat preserve
22	22	as part of a habitat conservation plan.
23	23	(b) If a habitat conservation plan in effect on September 1,
24	24	2017, includes in a habitat preserve land that was dedicated for the
25	25	purpose of serving as a public park, the plan participant that owns
26	26	the land shall submit a request in accordance with the federal act
27	27	to amend the federal permit to exclude the land described by this
28	28	subsection. If the amendment request is granted, the plan
29	29	participant that owns the land must remove the land from the habitat
30	30	preserve and convert the land to a public park.
31	31	Sec. 287.004. ACQUISITION OF LAND FOR HABITAT PRESERVE.
32	32	(a) A plan participant may not acquire land that is not described
33	33	in a habitat conservation plan for use in a habitat preserve.
34	34	(b) A plan participant may not seek an amendment under the
35	35	federal act to add land to a habitat preserve once the federal
36	36	permit has been issued.
37	37	(c) A plan participant may not acquire land for use in a
38	38	habitat preserve after the 20th anniversary of the date on which the
39	39	federal permit that describes the habitat preserve was issued.
40	40	Sec. 287.005. REMOVAL OF CERTAIN LAND FROM HABITAT
41	41	CONSERVATION PLAN. (a) After the 20th anniversary of the date on
42	42	which a federal permit that describes a habitat preserve was
43	43	issued, if land described in the habitat conservation plan and
44	44	designated to be part of a habitat preserve has not been acquired by
45	45	a plan participant, the plan participants shall submit a request in
46	46	accordance with the federal act to amend the federal permit to
47	47	exclude the land described by this subsection.
48	48	(b) If the request described by Subsection (a) to amend the
49	49	federal permit is granted, not later than the 10th day after the
50	50	date the federal permit is amended the plan participants shall
51	51	notify the landowner of the land described by Subsection (a) in
52	52	writing that the land is no longer included in the federal permit.
53	53	Sec. 287.006. ANNEXATION OF CERTAIN LAND BY MUNICIPALITY.
54	54	Land that is removed from a federal permit under Section 287.005 may
55	55	not be annexed by a municipality unless the landowner consents in
56	56	writing to the annexation.
57	57	SECTION 2. This Act takes effect September 1, 2017.