By Bernsen                                            S.B. No. 1643
         77R6779 MXM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the review by the governor of certain conveyances for
 1-3     conservation purposes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 83.004, Parks and Wildlife Code, is
 1-6     amended to read as follows:
 1-7           Sec. 83.004.  MIGRATORY GAME BIRD RESERVATIONS. (a)  If
 1-8     approved by the governor, the [The] United States of America may
 1-9     acquire, under the federal Migratory Bird Conservation Act (16
1-10     U.S.C. Section 715 et seq.), as amended, by purchase, gift, devise,
1-11     or lease an area [areas] of land or water in this state [necessary]
1-12     for a [the establishment of] migratory bird reservation.
1-13     [reservations under an Act of Congress entitled "An Act to more
1-14     effectively meet the obligations of the United States under the
1-15     Migratory Bird Treaty with Great Britain by lessening the dangers
1-16     threatening migratory game birds from drainage and other causes by
1-17     the acquisition of areas of land and of water to furnish in
1-18     perpetuity reservations for the adequate protection of such birds;
1-19     and authorizing appropriations for the establishment of such areas,
1-20     their maintenance and improvement and for other purposes."]
1-21           (b)  In determining whether to approve an acquisition under
1-22     Subsection (a), the governor shall consider the  recommendations of
1-23     any state agency responsible for managing and protecting the
1-24     state's natural resources.
 2-1           (c)  The governor may delegate the governor's
 2-2     responsibilities under this section to a state agency or other
 2-3     person.
 2-4           (d)  The state retains jurisdiction and authority over the
 2-5     areas which are not incompatible with the administration,
 2-6     maintenance, protection, and control of the areas by the United
 2-7     States under the federal act.
 2-8           SECTION 2. Section 183.002(b), Natural Resources Code, is
 2-9     amended to read as follows:
2-10           (b)  A right or duty in favor of or against a holder and a
2-11     right in favor of a person having a third-party right of
2-12     enforcement does not arise under a conservation easement until:
2-13                 (1)  [before] its acceptance by the holder;
2-14                 (2)  [and] the recording [recordation] of the
2-15     acceptance; and
2-16                 (3)  approval by the governor under Section 183.006.
2-17           SECTION 3. Chapter 183, Natural Resources Code, is amended by
2-18     adding Section 183.006 to read as follows:
2-19           Sec. 183.006.  REVIEW AND APPROVAL BY GOVERNOR. (a)  The
2-20     governor must approve a conservation easement or an assignment,
2-21     release, or modification of a conservation easement before the
2-22     easement, assignment, release, or modification may be accepted by
2-23     the holder. The approval must appear on the instrument creating,
2-24     assigning, releasing, or modifying the easement.
2-25           (b)  In determining whether to make the approval under
2-26     Subsection (a), the governor shall consider the  recommendations
2-27     of:
 3-1                 (1)  the department; and
 3-2                 (2)  the Texas Natural Resource Conservation
 3-3     Commission.
 3-4           (c)  The governor may delegate the governor's
 3-5     responsibilities under this section to a state agency or other
 3-6     person.
 3-7           SECTION 4.  This Act takes effect September 1, 2001, and
 3-8     applies only to a conservation easement, or an assignment, release,
 3-9     or modification of a conservation easement, under Section 183.006,
3-10     Natural Resources Code, as added by this Act, that is made on or
3-11     after that date.  A conservation easement, or an assignment,
3-12     release, or modification of a conservation easement, that is made
3-13     before September 1, 2001, is governed by the law as it existed
3-14     immediately before the effective date of this Act, and that law is
3-15     continued in effect for that purpose.