SRC-MWN H.B. 2859 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2859
                 By: Junell(Fraser)

Natural Resources 
5/9/2001
Engrossed


DIGEST AND PURPOSE 

The Coltex Refinery previously occupied several acres of land in Mitchell
County. After the refinery closed, the acres were purchased by ATOFINA, a
chemical company. Part of the land was offered to Colorado City, located in
Mitchell County, and the remainder was given to the Texas Department of
Criminal Justice (TDCJ). The Texas Natural Resource Conservation Commission
(TNRCC) discovered that this area was contaminated by seepage from tanks
left standing after the refinery was closed. As part of the remediation
process and to implement a substantial Colorado River restoration plan,
ATOFINA suggested that the area be turned into a wildlife habitat, an
action which requires a conservation easement. However, the contaminated
area includes land owned by TDCJ, which does not have the authority to give
permission for a conservation easement. H.B. 2859 requires the Texas Board
of Criminal Justice, which governs TDCJ, to grant a conservation easement
to the Natural Area Preservation Association, Inc., which will have control
of the wildlife preservation area.  


RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. (a)  Requires the Texas Board of Criminal Justice (TDCJ), not
later than January 31, 2002, to grant to the Natural Area Preservation
Association, Inc., a conservation easement covering the real property
described by Subsection (e) of this section.   Provides that if the Natural
Area Preservation Association, Inc., is unable or refuses to accept the
grant of the easement, the board is authorized to grant the easement to
another suitable person. 
 
(b)  Authorizes consideration for the grant of an easement under Subsection
(a)  of this section to be in the form of an agreement between the parties
that requires the easement holder to use the easement in a manner that
primarily promotes a public purpose of the state.  Provides that if the
consideration for the transfer is in the form of an agreement described by
this subsection certain conditions exist. 

(c)  Requires the TDCJ to grant the easement by an appropriate instrument
of transfer. Requires the instrument of transfer, if the consideration for
the easement is in the form of an agreement described by Subsection (b) of
this section, to include a provision that requires and indicates to the
provision holder certain criteria. 

(d)  Requires the Texas Natural Resource Conservation Commission, the Parks
and Wildlife Department, and the General Land Office to enforce an easement
granted under this Act. 
 
(e)  Provides the description of the real property to which Subsection (a)
of this section refers.  

SECTION 2. Effective date: upon passage or September 1, 2001.