BILL ANALYSIS C.S.H.B. 2018 By: Ashby Culture, Recreation & Tourism Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the voluntary Texas Farm and Ranch Land Conservation Program allows farmers, ranchers, and property owners to protect their land through agricultural conservation easements purchased by the Texas Parks and Wildlife Department. A conservation easement is a voluntary, legally binding agreement that restricts the use or development of a parcel of land to protect its agricultural or timber production value against the threats of development and land fragmentation. The bill's author has informed the committee that numerous stakeholder organizations have expressed a strong desire to strengthen legislative intent through statute to ensure that working agricultural lands are the sole beneficiaries of the program. C.S.H.B. 2018 seeks to address this issue by establishing such intent and by clarifying that the Texas Farm and Ranch Land Conservation Program is intended solely for purchasing conservation easements on working agricultural or timber lands. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2018 amends the Parks and Wildlife Code to authorize the Texas Farm and Ranch Lands Conservation Council to ensure that agricultural conservation easements purchased under the Texas Farm and Ranch Lands Conservation Program are not inconsistent with the maintenance of the land's agricultural or timber productivity. The bill specifies that an "agricultural conservation easement" includes a conservation easement in qualified land that is designed to maintain that productivity. The bill replaces the requirement for the council to give priority to applications under the program that protect agricultural lands that are susceptible to development with a requirement for the council to give priority instead to applications that protect and maintain the agricultural or timber productivity of lands that are susceptible to development. The bill includes the agricultural or timber productivity of land among the criteria that the council must consider when evaluating and scoring grant applications under the program. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2018 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced authorized the council to ensure that agricultural conservation easements purchased under the program are not inconsistent with the maintenance of the land's agricultural use potential, the substitute authorizes the council to ensure that such easements are not inconsistent with the maintenance of the land's agricultural or timber productivity. Similarly, the introduced specified that an "agricultural conservation easement" includes a conservation easement in qualified land that is designed to maintain that land's agricultural use potential, while the substitute specifies that the easement is designed to maintain that land's agricultural or timber productivity. Whereas the introduced replaced the requirement for the council to give priority to applications under the program that protect agricultural lands that are susceptible to development with a requirement for the council to give priority instead to applications that protect and maintain the agricultural use potential of lands that are susceptible to development, the substitute replaces that requirement with a requirement for the council to give priority to applications that protect and maintain the agricultural or timber productivity of lands that are susceptible to development. The substitute includes the timber productivity of land among the criteria that the council must consider when evaluating and scoring grant applications under the program, whereas the introduced did not.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2018
By: Ashby
Culture, Recreation & Tourism
Committee Report (Substituted)
C.S.H.B. 2018
By: Ashby
Culture, Recreation & Tourism
Committee Report (Substituted)
BACKGROUND AND PURPOSE Currently, the voluntary Texas Farm and Ranch Land Conservation Program allows farmers, ranchers, and property owners to protect their land through agricultural conservation easements purchased by the Texas Parks and Wildlife Department. A conservation easement is a voluntary, legally binding agreement that restricts the use or development of a parcel of land to protect its agricultural or timber production value against the threats of development and land fragmentation. The bill's author has informed the committee that numerous stakeholder organizations have expressed a strong desire to strengthen legislative intent through statute to ensure that working agricultural lands are the sole beneficiaries of the program. C.S.H.B. 2018 seeks to address this issue by establishing such intent and by clarifying that the Texas Farm and Ranch Land Conservation Program is intended solely for purchasing conservation easements on working agricultural or timber lands.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 2018 amends the Parks and Wildlife Code to authorize the Texas Farm and Ranch Lands Conservation Council to ensure that agricultural conservation easements purchased under the Texas Farm and Ranch Lands Conservation Program are not inconsistent with the maintenance of the land's agricultural or timber productivity. The bill specifies that an "agricultural conservation easement" includes a conservation easement in qualified land that is designed to maintain that productivity. The bill replaces the requirement for the council to give priority to applications under the program that protect agricultural lands that are susceptible to development with a requirement for the council to give priority instead to applications that protect and maintain the agricultural or timber productivity of lands that are susceptible to development. The bill includes the agricultural or timber productivity of land among the criteria that the council must consider when evaluating and scoring grant applications under the program.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2018 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Whereas the introduced authorized the council to ensure that agricultural conservation easements purchased under the program are not inconsistent with the maintenance of the land's agricultural use potential, the substitute authorizes the council to ensure that such easements are not inconsistent with the maintenance of the land's agricultural or timber productivity. Similarly, the introduced specified that an "agricultural conservation easement" includes a conservation easement in qualified land that is designed to maintain that land's agricultural use potential, while the substitute specifies that the easement is designed to maintain that land's agricultural or timber productivity. Whereas the introduced replaced the requirement for the council to give priority to applications under the program that protect agricultural lands that are susceptible to development with a requirement for the council to give priority instead to applications that protect and maintain the agricultural use potential of lands that are susceptible to development, the substitute replaces that requirement with a requirement for the council to give priority to applications that protect and maintain the agricultural or timber productivity of lands that are susceptible to development. The substitute includes the timber productivity of land among the criteria that the council must consider when evaluating and scoring grant applications under the program, whereas the introduced did not.
BACKGROUND AND PURPOSE
Currently, the voluntary Texas Farm and Ranch Land Conservation Program allows farmers, ranchers, and property owners to protect their land through agricultural conservation easements purchased by the Texas Parks and Wildlife Department. A conservation easement is a voluntary, legally binding agreement that restricts the use or development of a parcel of land to protect its agricultural or timber production value against the threats of development and land fragmentation. The bill's author has informed the committee that numerous stakeholder organizations have expressed a strong desire to strengthen legislative intent through statute to ensure that working agricultural lands are the sole beneficiaries of the program. C.S.H.B. 2018 seeks to address this issue by establishing such intent and by clarifying that the Texas Farm and Ranch Land Conservation Program is intended solely for purchasing conservation easements on working agricultural or timber lands.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2018 amends the Parks and Wildlife Code to authorize the Texas Farm and Ranch Lands Conservation Council to ensure that agricultural conservation easements purchased under the Texas Farm and Ranch Lands Conservation Program are not inconsistent with the maintenance of the land's agricultural or timber productivity. The bill specifies that an "agricultural conservation easement" includes a conservation easement in qualified land that is designed to maintain that productivity. The bill replaces the requirement for the council to give priority to applications under the program that protect agricultural lands that are susceptible to development with a requirement for the council to give priority instead to applications that protect and maintain the agricultural or timber productivity of lands that are susceptible to development. The bill includes the agricultural or timber productivity of land among the criteria that the council must consider when evaluating and scoring grant applications under the program.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2018 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Whereas the introduced authorized the council to ensure that agricultural conservation easements purchased under the program are not inconsistent with the maintenance of the land's agricultural use potential, the substitute authorizes the council to ensure that such easements are not inconsistent with the maintenance of the land's agricultural or timber productivity. Similarly, the introduced specified that an "agricultural conservation easement" includes a conservation easement in qualified land that is designed to maintain that land's agricultural use potential, while the substitute specifies that the easement is designed to maintain that land's agricultural or timber productivity.
Whereas the introduced replaced the requirement for the council to give priority to applications under the program that protect agricultural lands that are susceptible to development with a requirement for the council to give priority instead to applications that protect and maintain the agricultural use potential of lands that are susceptible to development, the substitute replaces that requirement with a requirement for the council to give priority to applications that protect and maintain the agricultural or timber productivity of lands that are susceptible to development. The substitute includes the timber productivity of land among the criteria that the council must consider when evaluating and scoring grant applications under the program, whereas the introduced did not.