Enrolled Bill Summary

            Senate Bill 1272 amends the Parks and Wildlife Code to establish guidelines for developing and implementing habitat and regional habitat conservation plans by local governmental entities. The act adds a new subchapter governing habitat protection by political subdivisions and repeals provisions relating to regional plans for endangered species.

            Senate Bill 1272 sets forth the new subchapter's purpose and defines terms. The act clarifies the authority of the Parks and Wildlife Department and political subdivisions regarding creation of habitat conservation plans and application for federal permits, limits the ability of governmental entities to impose regulations, rules, and ordinances related to endangered species, and prohibits certain actions regarding utility and water-wastewater services for land within certain habitat categories or areas.

            In addition, Senate Bill 1272 requires that a regional habitat conservation plan be based on a biological review completed by a biological advisory team, requires that plan development include input from a citizens advisory committee, and sets forth criteria for the composition and conduct of both bodies. Senate Bill 1272 also contains certain notice and hearing requirements, guidelines that must be met regarding land acquisition, and grievance procedures for members of the citizens advisory committee to present complaints to the Parks and Wildlife Commission.

            Provisions of the act apply only to a regional habitat conservation plan for which an application for a federal permit was submitted on or after January 1, 1999. Any regional habitat conservation plan that was formally approved by the United States Fish and Wildlife Service as required by the law as it existed immediately before its repeal by this act is subject to the requirements of that former law, except that provisions of Senate Bill 1272 relating to determination of fair market value apply to the acquisition of land by a regional habitat conservation plan for which a federal permit was issued before September 1, 1999.