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.