SRC-PNG S.B. 1272 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1272
76R9180 MI-DBy: Wentworth
Natural Resources
4/6/1999
As Filed


DIGEST 

Currently, under Texas law, local political subdivisions may develop and
enter into conservation agreements with federal agencies that are not
subject to open meetings requirements or state monitoring.  There is
concern that these conservation plans may acquire and encumber private land
inhabited by endangered species without notification or participation by
the private landowners. This bill would establish guidelines for developing
and implementing habitat and regional habitat conservation plans by local
governmental entities. 

PURPOSE

As proposed, S.B. 1272 establishes guidelines for developing and
implementing habitat and regional habitat conservation plans by local
governmental entities. 

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).  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 purposes of this subchapter.  

Sec.  83.013.  AUTHORITY OF DEPARTMENT OR POLITICAL SUBDIVISION. Authorizes
the department or a political subdivision to participate in the study and
preparation for and creation of a habitat conservation plan.  Authorizes
the department or a political subdivision to participate in the study and
preparation for and creation of a regional habitat conservation plan.  Sets
forth certain actions a political subdivision may take in order  to
facilitate the creation of a habitat preserve and the setting aside of land
to protect a species protected under a conservation agreement.  Authorizes
a plan participant to apply for a federal permit in conjunction with a
regional habitat conservation plan only if the qualified voters of a plan
participant have authorized the issuance of bonds or other debt financing
in an amount equal to the estimated cost of acquiring all land for habitat
preserves within the time required by this subchapter or the plan
participant has demonstrated that adequate sources of funding exist to
acquire all land for habitat preserves within the time required by this
subchapter.  Prohibits a governmental entity from implementing a regional
habitat conservation plan or apply for a federal permit in conjunction with
a regional habitat conservation plan if certain conditions occur.   

Sec.  83.014.  LIMITATION OF POWERS.  Prohibits a governmental entity from
imposing a regulation, rule, or ordinance related to endangered species
unless the regulation, rule, or ordinance relates to the operation or
management of a habitat preserve owned by a plan participant.  Prohibits a
governmental entity from discriminating against a permit application,
permit approval, or the provision of utility service for certain property.
Prohibits a governmental entity from denying or limiting available water or
wastewater service to property in the service area of the governmental
entity that has been designated as habitat preserve or potential habitat
preserve in a regional habitat conservation plan or in a habitat
conservation plan.  Prohibits a governmental entity from removing property
from its water or wastewater utility service areas after the date
established under Section 83.018(b), for the purposes of this section. 

Sec.  83.015.  BIOLOGICAL REVIEW; CRITERIA.  Requires a regional habitat
conservation plan 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.  Requires the plan participants, together with
the Parks and Wildlife Commission (commission) and the landowner members of
the citizens advisory committee, to appoint a biological advisory team.
Requires at least one member to be appointed by the commission and one
member by the landowner members of the citizens advisory committee.
Provides that the member appointed by the commission serves as presiding
officer of the team.  Requires the team to assist in certain studies.
Provides that meetings of the biological advisory team are subject to the
open meetings law, and all work product of the biological advisory team is
subject to the open records law.   

Sec.  83.016.  CITIZENS ADVISORY COMMITTEE.  Requires the plan participants
to appoint a citizens advisory committee to assist in preparing the
regional habitat conservation plan and the application for a federal
permit.  Requires at least four members or 33 percent of the citizens
advisory committee, whichever is greater in number, to own undeveloped
property or property in agricultural use in the regional habitat
conservation plan area. Prohibits a landowner member from being an employee
or elected official of a plan participant or any other local, state, or
federal governmental entity.  Prohibits one-half of the landowner members
appointed under Subsection (b) or, if the number of landowner members
appointed is odd, then the smallest number of landowner members that
constitutes a majority from being affiliated with any commonly recognized
environmental group.  Requires the commission to appoint one representative
to the citizens advisory committee.  Provides that the commission's
representative is a voting member of the committee.   

Sec.  83.017.  DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN. Provides
that meetings of the citizens advisory committee and meetings of the plan
participants regarding planning, development, and implementation of the
regional habitat conservation plan are subject to the open meetings law.
Provides that all data, reports, and other information regarding the
regional habitat conservation plan, and any other information relied on by
the biological advisory team, are subject to the open records law.
Requires the plan participants to notify in writing each owner of land
identified by the plan participants as habitat preserve or potential
habitat preserve.  Requires the plan participants to use the county tax
rolls to identify the owners of land identified as habitat preserve or
potential habitat preserve.  Sets forth certain information required to be
included in the notice. 
 Sec.  83.018.  PRESERVE ACQUISITION.  Prohibits the designation of a tract
of land as habitat preserve or potential habitat preserve or the presence
of endangered species or endangered species habitat to be considered in
determining the fair market value of the property for acquisition as a
habitat preserve.  Prohibits a change to plan participant rules and
regulations that occurs after the earliest date that the biological
advisory team, citizens advisory committee, or plan participant initially
identifies a tract of land as habitat preserve or potential habitat
preserve from being considered in determining the fair market value of the
property for acquisition as a habitat preserve.  Requires the plan
participants to make offers based on fair market value to the landowners
for the acquisition of fee simple or other property interest in land
designated in the regional habitat conservation plan as habitat preserve by
a certain date.  Requires acquisition of all habitat preserves to be
completed by a certain date.  Requires a plan participant subject to this
subsection who does not meet an applicable deadline to file an application
to amend the federal permit to remove the nonacquired habitat preserve
property from the regional habitat conservation plan as a habitat preserve
by a certain date. 

Sec.  83.019.  NOTICE AND HEARING REQUIREMENTS.  Requires a plan
participant to comply with the notice and hearing requirements of this
section before adopting any regional habitat conservation plan, plan
amendment, ordinance, budget, fee schedule, rule, regulation, or order to
implement this subchapter.  Requires the plan participant to publish a
notice by a certain date in the newspaper of largest general circulation in
the county in which the plan participant proposing the action is located.
Requires a public hearing on the proposed action to be held at the time and
place specified in the notice. 

Sec.  83.020.  GRIEVANCE WITH DEVELOPMENT OF REGIONAL HABITAT CONSERVATION
PLAN.  Authorizes an individual appointed to a citizens advisory committee
under Section 83.016(b) to file a grievance with the commission regarding
the development of a regional habitat conservation plan under this
subchapter if the individual believes the plan is being developed in
violation of this subchapter.  Requires the individual filing the grievance
to have been a member of the citizens advisory committee for the plan named
in the grievance.  Requires the grievance to cite each provision of this
subchapter alleged to have been violated during the development of the plan
and describe each act alleged to have violated this subchapter.  Requires
the commission to review a grievance filed under this section to determine
whether the plan is being developed in compliance with this subchapter.
Authorizes the commission to dismiss the grievance, if after reviewing the
grievance the commission finds that the grievance has no merit.  Requires
the commission to hold a public hearing if the commission finds that the
grievance does have merit.  Requires the commission to take testimony from
each plan participant and from the individual filing the grievance.
Requires the commission to vote, at the conclusion of testimony, on whether
to approve or dismiss the grievance or to schedule a public hearing by a
certain date. Requires the commission to instruct the plan participant or
participants to amend the plan so that it will comply with this subchapter,
if the commission approves the grievance.  Prohibits the plan participant
from submitting an application for a federal permit until the commission is
satisfied its instructions to amend the plan to comply with this subchapter
have been met. Prohibits a plan participant in a plan that is the subject
of a grievance filed with the commission from submitting an application for
a federal permit before the commission has performed certain actions.
Provides that if an individual files a grievance under this section that
individual may not file a subsequent grievance and no other member of the
citizens advisory committee for the same plan may file a subsequent
grievance.   

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

SECTION 5. Provides that this Act applies to a regional habitat
conservation plan for which an application for a federal permit was
submitted on or after January 1, 1999.  Provides that Sections 83.018(a)
and (b), Parks and Wildlife Code, apply to the acquisition of land by a
regional habitat conservation plan for which a federal permit was issued
before September 1, 1999. 

SECTION 6. Effective date: September 1, 1999.