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


Senate Research CenterC.S.S.B. 1136
By: Wentworth
Natural Resources
4-27-97
Committee Report (Substituted)


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, C.S.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 PROTECTION OF SPECIES. Requires
any conservation agreement between a political subdivision of the state
and the U.S. Department of the Interior to be developed in consultation
with the Parks and Wildlife Department (department) and approved by the
Parks and Wildlife Commission (commission).  Defines "conservation
agreement." 

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

SUBCHAPTER B.  HABITAT PROTECTION BY POLITICAL SUBDIVISIONS

Sec.  83.011.  DEFINITIONS.  Defines "biological advisory team,"
"endangered species," "federal act," "federal permit," "governmental
entity," "habitat conservation plan," "habitat preserve," "harm," "land
development standards," "mitigation fee," "plan participant," and
"regional habitat conservation plan." 
 
Sec.  83.012.  PURPOSE. Sets forth the purpose of this subchapter.

Sec.  83.013.  AUTHORITY OF DEPARTMENT OR POLITICAL SUBDIVISION.  Sets
forth the authority of the department or a political subdivision regarding
habitat conservation plans. 

Sec.  83.014.  LIMITATION OF POWERS; EXCLUSION AND INCLUSION OF LAND.
Prohibits a governmental entity from imposing a regulation, rule, or
ordinance related to endangered species unless the regulation, rule, or
ordinance relates to the management of a habitat preserve owned by a plan
participant.  Sets forth regulations regarding the exclusion and inclusion
of land in a regional habitat conservation plan.  Sets forth limitations
on the powers of a governmental entity. 

Sec.  83.015.  BIOLOGICAL REVIEW; CRITERIA.  Requires a regional habitat
conservation plan, including any mitigation fee; to be based on the 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 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 the
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 and the size and configuration of
habitat preserve. 

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.  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.

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Amends Section 83.005, Parks and Wildlife Code, to delete proposed text in
Subsection (a), and to require certain conservation agreements to be
developed in consultation with the department and be approved by the
commission.  Redefines "conservation agreement." 

SECTION 3.

Amends the heading of Subchapter B to read "HABITAT PROTECTION BY
POLITICAL SUBDIVISIONS." 

Amends Section 83.011, Parks and Wildlife Code, to redefine "federal
permit," mitigation fee," "plan participant," and "regional habitat
conservation plan."  Defines "habitat  conservation plan" and "land
development standards." 

Amends Section 83.012, Parks and Wildlife Code, to add provisions
regarding the purpose of this subchapter. 

Adds Section 83.013, Parks and Wildlife Code, regarding the authority of
the department or political subdivisions. 

Amends Section 83.014, Parks and Wildlife Code, to add provisions
regarding limits on the powers of a governmental entity and the exclusion
and inclusion of land in a regional habitat conservation plans. 

Amends Section 83.015, Parks and Wildlife Code, to make nonsubstantive
changes. 

Amends Section 83.018, Parks and Wildlife Code, to add regulations
regarding preserve acquisition.