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.