SRC-TJG S.B. 992 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 992
78R3732 JTS-FBy: Armbrister
Natural Resources
4/4/2003
As Filed


DIGEST AND PURPOSE 


As proposed, S.B. 992 establishes a program to provide grants to make
voluntary purchases of development rights in real property.  This bill
also creates the Texas Legacy Council; creates a new GR Account; provides
grants to be used for the purchase of developmental rights, defined as a
conservation easement; and requires the value of a purchase of development
rights to be determined by a specific site-specific appraisal. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Legacy Council in
SECTION 3 (Section 183.064, Natural Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 183, Natural Resources Code, by designating
Sections 183.001183.005, Natural Resources Code, as Chapter 183A, Natural
Resources Code, and by adding a heading for that subchapter to read as
follows: 

SUBCHAPTER A.  CONSERVATION EASEMENTS GENERALLY

SECTION 2.  Amends Section 183.001, Natural Resources Code, by adding
Subdivisions (5) and (6), as follows: 

(5) Defines "agriculture."

(6) Defines "agricultural use."

SECTION 3.  Amends Chapter 183, Natural Resources Code, by adding
Subchapter B, as follows: 

SUBCHAPTER B. PURCHASE OF DEVELOPMENT RIGHTS GRANT PROGRAM

Sec. 183.051.  PURPOSE.  Provides that the purpose of the purchase of
development rights grant program under this subchapter is to encourage
private landowners to conserve all or part of their land.  Provides that
the program assists certain governmental entities and conservation
organizations in purchasing the development rights in the land so that the
land may be used only for certain conservation purposes.  Provides that
landowners participate in the program only on a voluntary basis.
Prohibits the Texas Legacy Council (council) from acquiring land or the
development rights in land by eminent domain for the program. 

Sec. 183.052.  DEFINITIONS.  Defines "account," "council," "department,"
"program," "project costs," "purchase of development rights," and
"transaction costs." 

Sec. 183.053.  TEXAS LEGACY COUNCIL.  (a) Provides that the council
consists of 11 members, nine of whom are appointed and two of whom are ex
officio. 

 (b) Provides that the appointed members are certain officials.

(c) Provides that the ex officio members are certain officials.

(d) Authorizes the governor, in making appointments from a list under
Subsection (b)(2) or (3), to reject the candidates on the list and request
a new list of candidates. 

(e) Provides that the ex officio members have full voting powers.

Sec. 183.054.  TERMS; CONSIDERATIONS IN MAKING APPOINTMENTS.  (a) Provides
that appointed members of the council serve staggered terms of six years,
with one-third of the appointed members' terms expiring February 1 of each
odd-numbered year. 

(b) Requires appointments to the council to be made without regard to the
race, color, disability, sex, religion, age, or national origin of the
appointees. 

Sec. 183.055.  OFFICERS; COMPENSATION.  (a) Requires the governor to
designate a member of the council as the presiding officer of the council
to serve in that capacity at the will of the governor.  Authorizes the
council to choose from its members other officers as the council considers
necessary. 

(b) Provides that an appointed member of the council is not entitled to
compensation but is entitled to reimbursement of the travel expenses
incurred by the member while conducting the business of the council, as
provided by the General Appropriations Act. Provides that an ex officio
member of the council is not entitled to additional compensation for
service on the council, and service on the council is considered a duty of
the member's underlying state office or employment for purposes of
receiving reimbursement for expenses related to service on the council. 

Sec. 183.056.  PUBLIC MEMBERS OF COUNCIL.  Prohibits a person from being a
council member appointed under Section 183.053(b)(1), (2), or (4) if the
person or the person's spouse meets certain conditions. 

Sec. 183.057.  CONFLICTS OF INTEREST.  (a) Defines "Texas trade
association." 

(b) Prohibits a person from being an appointed member of the council if
the person meets certain requirements.  

(c) Prohibits a person from being a member of the council or acting as the
general counsel to the council if the person is required to register as a
lobbyist under Chapter 305, Government Code (Registration of Lobbyists),
because of the person's activities for compensation on behalf of an
occupation or profession with an interest in land conservation that is
related to that occupation or profession. 

Sec. 183.058.  GROUNDS FOR REMOVAL.  (a) Provides that it is grounds for
removal from the council that an appointed member meet certain
requirements or takes certain actions. 

(b) Provides that the validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council member
exists. 
 
(c) Requires the presiding officer, if the presiding officer has knowledge
that a potential ground for removal exists, to notify the governor and the
attorney general that a potential ground for removal exists. 

Sec. 183.059.  INFORMATION REGARDING REQUIREMENTS FOR OFFICE.  Requires
the presiding officer or the presiding officer's designee to provide to
members of the council, as often as necessary, information regarding a
person's responsibilities under applicable laws relating to standards of
conduct for state officers. 

Sec, 183.060.  TRAINING.  (a) Prohibits a person who is appointed to and
qualifies for office as a member of the council from voting, deliberating,
or being counted as a member in attendance at a meeting of the council
until the person completes a training program that complies with this
section. 
 
(b) Requires the training program to provide the person with certain
information. 

(c) Provides that a person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for the
travel expenses incurred in attending the training program regardless of
whether the attendance at the program occurs before or after the person
qualifies for office. 

Sec. 183.061.  PUBLIC INPUT.  Requires the council to develop and
implement policies that provide the public with a reasonable opportunity
to appear before the council and to speak on any issue under the
jurisdiction of the council. 

Sec. 183.062.  COMPLAINTS.  (a) Requires the council to maintain a file on
each written complaint filed with the council.  Requires the file to
include certain information. 

(b) Requires the council to provide to the person filing the complaint and
to each person who is a subject of the complaint a copy of the council's
policies and procedures relating to complaint investigation and
resolution. 
 
(c) Requires the council, at least quarterly until final disposition of
the complaint, to notify the person filing the complaint and each person
who is a subject of the complaint of the status of the investigation
unless the notice would jeopardize an undercover investigation. 

Sec. 183.063.  PURCHASE OF DEVELOPMENT RIGHTS ACCOUNT.  (a) Provides that
the purchase of development rights account is an account in the general
revenue fund that is authorized to be appropriated to the council only for
the purpose of implementing this subchapter.  Provides that the account
consists of money from certain sources. 
 
(b) Authorizes money in the account to be used only for certain purposes.

(c) Prohibits the council from using more than five percent of the money
in the account for administrative costs. 

Sec. 183.064.  PURCHASE OF DEVELOPMENT RIGHTS GRANT PROGRAM.  (a) Requires
the council to develop, maintain, and administer a program to provide
grants to be used for the purchase of development rights. 
 
(b) Requires the council, in consultation with the Department of
Agriculture, to adopt rules for administering the program, including
certain criteria and procedures. 

(c) Provides that information submitted to the council in the application
is confidential and not subject to disclosure under Chapter 552,
Government Code (Public Information). 

(d) Requires the Department of Agriculture to assist the council in
carrying out its duties under this subchapter. 

Sec. 183.065.  MATCHING FUNDS.   Prohibits a grant under the program from
constituting more than 50 percent of the project costs.  Requires a
prospective purchaser  of development rights, to qualify for a grant under
the program, to provide proof to the council that the prospective
purchaser will obtain matching funds for the remainder of the project
costs.  Authorizes a landowner to donate money to assist the prospective
purchaser in paying the purchaser's share of the project costs.  Provides
that the amount donated by the landowner is credited against the
purchaser's share of the project costs. 

Sec. 183.066.  APPRAISAL REQUIRED.  Requires the value of a purchase of
development rights to be determined by a site-specific appraisal prepared
by an appraiser certified or licensed by the Texas Appraiser Licensing and
Certification Board.  Prohibits the appraiser from being a member of the
council. 

Sec. 183.067.  ADVISORY COMMITTEE.  (a) Authorizes the council to
establish an advisory committee to advise the council about the council's
functions. 

(b) Provides that an advisory committee is subject to Chapter 2110,
Government Code (State Agency Advisory Committees), except that Section
2110.002 (Composition of Advisory Committees) does not apply. 

Sec. 183.068.  SUNSET PROVISION.  Continues the Texas Legacy Council for
the standard twelve year period until September 1, 2015. 

Sec. 183.069.  REPORT.  Requires the council, not later than January 1 of
each oddnumbered year, to report to the legislature on the council's
progress in accomplishing the objectives of this subchapter.   

SECTION 4.  Requires the governor and lieutenant governor, in appointing
the initial members of the Texas Legacy Council, to each appoint a certain
number of members to serve specific terms. 

SECTION 5.  Provides that the prohibition related to training imposed by
Section 183.060, Natural Resources Code, as added by this Act, does not
apply to an initial appointed member of the Texas Legacy Council until
January 1, 2005. 

SECTION 6.  Effective date: September 1, 2003.