BILL ANALYSIS H.B. 2712 By: Kuempel (Brown) Natural Resources 5-25-95 Senate Committee Report (Unamended) BACKGROUND The "Texas Endangered Species Act" provides that the Parks and Wildlife Department, and any county or city, may study, prepare, and create a regional habitat conservation plan and submit the 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 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 As proposed, H.B. 2712 deletes language authorizing any county or city within the state to participate in the study, preparation, and creation of a regional habitat conservation plan; sets forth requirements for the designing and development of a regional plan to protect and manage an "endangered species." RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 83.066, Parks and Wildlife Code, as follows: Sec. 83.006. REGIONAL PLANS FOR ENDANGERED SPECIES PROTECTION. (a) Deletes language authorizing any county or city within the state to participate in the study, preparation, and creation of a regional habitat conservation plan. (b) Requires any regional plan designed to protect or manage an "endangered species" to be developed in coordination with any other state agency or local government that may be affected by the plan, including certain state boards, departments and commissions. Requires a plan developed under this subsection to be submitted to the legislature, rather than the Parks and Wildlife Department, for review and comment before it is submitted to the U.S. Fish and Wildlife Service for approval. Deletes existing Subsection (c) authorizing both a city and a county to take certain measures to protect threatened and endangered species. SECTION 2. Provides that this Act does not impair the validity of an easement or lease executed under Section 83.006, Parks and Wildlife Code, before the effective date of this Act. SECTION 3. Emergency clause. Effective date: upon passage.