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.