BILL ANALYSIS H.B. 2712 By: Kuempel April 30, 1995 Committee Report (Amended) BACKGROUND The "Texas Endangered Species Act," codified in the Parks and Wildlife Code, provides that the Texas Parks and Wildlife Department, and any county or city, may study, prepare, and create a regional habitat conservation plan and submit such a plan directly to the U.S. Fish and Wildlife Service for approval. Under current law, there is no requirement for a city or county that may prepare and create such a plan to coordinate with any other political subdivision of the state prior to submitting the plan to the U.S. Fish and Wildlife Service for implementation. PURPOSE This bill designates the Texas Parks and Wildlife Department as the sole entity in the state responsible for the preparation and creation of a regional habitat conservation plan to be submitted to the U.S. Fish and Wildlife Service after coordination with other state agencies and the legislature. 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. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 83,006, Parks and Wildlife Code, by designating the Texas Parks and Wildlife Department as the entity of the state responsible for the preparation of any regional habitat conservation plan that may be necessary for the protection of endangered species; requires the Parks and Wildlife Department to coordinate with other state agencies during the development of any regional habitat conservation plans; and requires any regional habitat conservation plan be submitted to the legislature for review and comment prior to being submitted to the U.S. Fish and Wildlife Service. SECTION 2 Effective date: September 1, 1995. SECTION 3 Validates any easement or lease executed under Section 83.006, Parks and Wildlife Code, before the effective date of this Act. SECTION 4 Emergency clause. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT NO. 1 Amends Section 83.006(b), Parks and Wildlife Code, in SECTION 1 of the bill, to add the following agencies to the list of agencies that may be coordinated with in the development of a regional plan: Texas Department of Transportation, Texas Department of Agriculture, General Land Office, and Texas Railroad Commission. COMMITTEE AMENDMENT NO. 2 Amends the emergency clause in SECTION 4 of the bill to provide for immediate effect. SUMMARY OF COMMITTEE ACTION H.B. 2712 was considered by the committee in a public hearing on April 25, 1995. The following persons testified in favor of the bill: Representative Edmund Kuempel; Bill Powers, representing the Texas Farm Bureau; Ed Small, representing the Texas and Southwestern Cattle Raisers Association; Dan Byfield, representing Farm Credit Bank; Robert Brandes, representing himself; and Jack Fickessen, representing the Texas Water Partnership. The following person testified against the bill: Scott Royder, representing the Lone Star Chapter of the Sierra Club. The committee considered two amendments to the bill. Both amendments were adopted without objection. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.