SRC-SLL S.B. 1136 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1136
By: Wentworth
Natural Resources
4-21-97
As Filed


DIGEST 

Currently, under the federal Endangered Species Act, when a landowner's
property is home or could be home to an endangered species the landowner
is prohibited from using that land for most purposes without first
obtaining permission from the federal government.  To obtain permission,
the landowner must apply to the U.S. Fish and Wildlife Service (USFWS) for
an "incidental take" permit known as a Section 10(a) permit.  The
application process, however, is complicated and prohibitively expensive
for most landowners.  When endangered species or their habitat affect a
number of landowners, it can be beneficial for the landowners to work
together to develop a habitat conservation plan which, if approved by the
USFWS, will result in the granting of a regional Section 10(a) permit.
The purpose of the regional permit is to make it easier and less expensive
for each affected landowner to gain permission to use the land.  This bill
will provide regulations regarding the authority of a political
subdivision to prepare and implement a regional habitat conservation plan
or conservation agreement to protect federally listed endangered species. 

PURPOSE

As proposed, S.B. 1136 provides regulations regarding the authority of a
political subdivision to prepare and implement a regional habitat
conservation plan or conservation agreement to protect federally listed
endangered species. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 83, Parks and Wildlife Code, by designating
Sections 83.001-83.004 as Subchapter A, and adding a heading to Subchapter
A, as follows: 

SUBCHAPTER A.  FEDERAL-STATE AGREEMENTS

SECTION 2. Amends Chapter 83A, Parks and Wildlife Code, by adding Section
83.005, as follows: 

Sec.  83.005.  CONSERVATION AGREEMENTS FOR ENDANGERED SPECIES. Prohibits a
political subdivision of the state from entering into a conservation
agreement. Defines "conservation agreement." 

SECTION 3. Amends Chapter 83, Parks and Wildlife Code, by adding
Subchapter B, as follows: 

SUBCHAPTER B.  REGIONAL HABITAT CONSERVATION PLAN

Sec.  83.011.  DEFINITIONS.  Defines "biological advisory team,"
"endangered species," "federal act," "federal permit," "governmental
entity," "habitat preserve," "harm," "mitigation fee," "plan participant,"
and "regional habitat conservation plan." 

Sec.  83.012.  PURPOSE.  Provides that the purpose of this subchapter is
to establish the requirements for and authority of a governmental entity
to regulate wildlife through the  development, financing, and
implementation of a habitat conservation plan or similar plan under a
federal permit. 

Sec.  83.013.  APPLICATION AND IMPLEMENTATION.  Sets forth regulations
regarding application by a governmental entity for a federal permit and
implementation of a regional conservation plan. 

Sec.  83.014.  LIMITATION OF POWERS; EXCLUSION OF LAND.  Sets forth
limitations on the powers of plan participants and governmental entities
regarding a habitat preserve. Requires property to be excluded from the
regional habitat conservation plan unless the owners make written request
to be included in the regional habitat conservation plan if the property
is under common ownership and lies both inside and outside the area
subject to a regional habitat conservation plan. 

Sec.  83.015.  BIOLOGICAL REVIEW; CRITERIA.  Requires a regional habitat
conservation plan, including any mitigation fee; to be based on the
proposed amount of harm to each endangered species to be protected under
the regional habitat conservation plan. Requires the size of  proposed
habitat preserves to be based solely on the proposed amount of harm to the
endangered species to be protected in the regional habitat conservation
plan. Sets forth regulations regarding the appointment and duties of a
biological advisory team. Requires a regional habitat conservation plan to
be reviewed for compliance with this subchapter and to be approved by
Texas Parks and Wildlife Commission (commission) before an application for
a federal permit is submitted.  Requires the commission to concur with the
calculation of harm used in the regional habitat conservation plan. 

Sec.  83.016.  CITIZENS ADVISORY COMMITTEE.  Sets forth the requirements
for membership on a citizens advisory committee.   

Sec.  83.017.  DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN. Sets
forth regulations regarding the development of a regional habitat
conservation plan. 

Sec.  83.018.  PRESERVE ACQUISITION.  Sets forth regulations regarding the
acquisition of land for a habitat preserve. 

Sec.  83.019.  MUNICIPAL PARK SERVICES WITH EXISTING PLANS.  Sets forth
regulations regarding municipal park services for regional habitat
conservation plans. 

Sec.  83.020.  NOTICE AND HEARING REQUIREMENTS.  Sets forth notice and
hearing requirements that must be met before the adoption of any regional
habitat conservation plan, plan amendment, ordinance, budget, fee,
schedule, rule, regulation, or order to implement this subchapter. 

SECTION 4. Repealer: Section 83.006, Parks and Wildlife Code (Regional
Plans for Endangered Species Protection). 

SECTION 5. Emergency clause.
  Effective date: upon passage.