85R20056 SLB-F
By: Workman H.B. No. 4304
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on habitat conservation plans in Travis
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Parks and Wildlife Code, is amended by
adding Chapter 287 to read as follows:
CHAPTER 287. TRAVIS COUNTY
Sec. 287.001. DEFINITIONS. In this chapter, "federal act,"
"federal permit," "habitat conservation plan," "habitat preserve,"
and "plan participant" have the meanings assigned by Section
83.011.
Sec. 287.002. APPLICABILITY. This chapter applies to
Travis County.
Sec. 287.003. PROHIBITION OF INCLUSION OF PARK LAND IN
HABITAT CONSERVATION PLAN. (a) Land dedicated for the purpose of
serving as a public park may not be included in a habitat preserve
as part of a habitat conservation plan.
(b) If a habitat conservation plan in effect on September 1,
2017, includes in a habitat preserve land that was dedicated for the
purpose of serving as a public park, the plan participant that owns
the land shall submit a request in accordance with the federal act
to amend the federal permit to exclude the land described by this
subsection. If the amendment request is granted, the plan
participant that owns the land must remove the land from the habitat
preserve and convert the land to a public park.
Sec. 287.004. ACQUISITION OF LAND FOR HABITAT PRESERVE.
(a) A plan participant may not acquire land that is not described
in a habitat conservation plan for use in a habitat preserve.
(b) A plan participant may not seek an amendment under the
federal act to add land to a habitat preserve once the federal
permit has been issued.
(c) A plan participant may not acquire land for use in a
habitat preserve after the 20th anniversary of the date on which the
federal permit that describes the habitat preserve was issued.
Sec. 287.005. REMOVAL OF CERTAIN LAND FROM HABITAT
CONSERVATION PLAN. (a) After the 20th anniversary of the date on
which a federal permit that describes a habitat preserve was
issued, if land described in the habitat conservation plan and
designated to be part of a habitat preserve has not been acquired by
a plan participant, the plan participants shall submit a request in
accordance with the federal act to amend the federal permit to
exclude the land described by this subsection.
(b) If the request described by Subsection (a) to amend the
federal permit is granted, not later than the 10th day after the
date the federal permit is amended the plan participants shall
notify the landowner of the land described by Subsection (a) in
writing that the land is no longer included in the federal permit.
Sec. 287.006. ANNEXATION OF CERTAIN LAND BY MUNICIPALITY.
Land that is removed from a federal permit under Section 287.005 may
not be annexed by a municipality unless the landowner consents in
writing to the annexation.
SECTION 2. This Act takes effect September 1, 2017.