By Kubiak H.C.R. No. 13
74R1600 MPC-D
CONCURRENT RESOLUTION
1-1 WHEREAS, Enacted by the United States Congress in 1973, the
1-2 Endangered Species Act was designed to promote the laudable goal of
1-3 protecting threatened and endangered flora and fauna; and
1-4 WHEREAS, Widely viewed at the time as the most comprehensive
1-5 environmental protection law in history, the Endangered Species Act
1-6 has evolved into a well-meaning but misguided federal policy; and
1-7 WHEREAS, The Endangered Species Act is an unwieldy
1-8 bureaucratic tool threatening the rights of property owners,
1-9 inhibiting personal freedoms, and frustrating farmers, ranchers,
1-10 loggers, miners, builders, and developers through the intrusion of
1-11 the federal government; and
1-12 WHEREAS, It is imperative that the Congress of the United
1-13 States reopen the debate on the Endangered Species Act and apply a
1-14 more balanced, commonsense approach to habitat and species
1-15 protection that does not endanger the constitutional rights of
1-16 property owners; now, therefore, be it
1-17 RESOLVED, That the 74th Legislature of the State of Texas
1-18 hereby urge the Congress of the United States to cease funding for
1-19 the Endangered Species Act and enact new legislation that requires
1-20 stricter scientific standards for the listing process and critical
1-21 habitat designation, subjects such listings to an economic study
1-22 that examines the impact on jobs, development potential, and
1-23 individual landowners, and provides qualitative and quantitative
1-24 information about listed species, as well as a total of public and
2-1 private costs that can be attributed to protecting individual
2-2 species; and, be it further
2-3 RESOLVED, That new endangered species legislation include
2-4 strong property rights protections, emphasis on incentives and
2-5 market solutions that encourage private management of property
2-6 rather than regulations and punitive measures, and encouragement of
2-7 the use of captive breeding and propagation in recovery efforts;
2-8 and, be it further
2-9 RESOLVED, That such legislation require the listing process
2-10 to include hearings accessible to locally affected people, provide
2-11 those challenging a decision the same judicial review as those
2-12 favoring a listing, and authorize reimbursement of successful
2-13 challengers for their attorney's fees and associated costs; and, be
2-14 it further
2-15 RESOLVED, That the Texas secretary of state forward official
2-16 copies of this resolution to the speaker of the house of
2-17 representatives and president of the senate of the United States
2-18 Congress, and to all members of the Texas delegation to the
2-19 congress, with the request that it be officially entered in the
2-20 Congressional Record as a memorial to the Congress of the United
2-21 States.