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.