78R3732 JTS-F
By: Armbrister S.B. No. 992
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program to provide grants to make
voluntary purchases of development rights in real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 183, Natural Resources Code, is amended
by designating Sections 183.001-183.005, Natural Resources Code,
as Subchapter A, Chapter 183, Natural Resources Code, and by adding
a heading for that subchapter to read as follows:
SUBCHAPTER A. CONSERVATION EASEMENTS GENERALLY
SECTION 2. Section 183.001, Natural Resources Code, is
amended by adding Subdivisions (5) and (6) to read as follows:
(5) "Agriculture" means any of the following
activities:
(A) cultivating the soil to produce crops for
human food, animal feed, or planting seed or for the production of
fibers;
(B) the practice of floriculture, viticulture,
silviculture, and horticulture;
(C) raising, feeding, or keeping animals for
breeding purposes or for the production of food or fiber, leather,
pelts, or other tangible products having a commercial value;
(D) planting cover crops, including cover crops
cultivated for transplantation, or leaving land idle for the
purpose of participating in any governmental program or normal crop
or livestock rotation procedure;
(E) wildlife management; and
(F) raising or keeping equine animals.
(6) "Agricultural use" means any use or activity
involving agriculture.
SECTION 3. Chapter 183, Natural Resources Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. PURCHASE OF DEVELOPMENT RIGHTS
GRANT PROGRAM
Sec. 183.051. PURPOSE. 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.
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 conservation purposes, including
agricultural, forest, recreational, or open-space purposes.
Landowners participate in the program only on a voluntary basis;
the Texas Legacy Council may not acquire land or the development
rights in land by eminent domain for the program.
Sec. 183.052. DEFINITIONS. In this subchapter:
(1) "Account" means the purchase of development rights
account established by this subchapter.
(2) "Council" means the Texas Legacy Council.
(3) "Department" means the Department of Agriculture.
(4) "Program" means the purchase of development rights
grant program established under this subchapter.
(5) "Project costs" means the sum of the appraised
value of a conservation easement and the transaction costs incurred
in connection with the purchase of the easement.
(6) "Purchase of development rights" means the
purchase of a conservation easement under the program.
(7) "Transaction costs" means the costs of obtaining:
(A) adequate title insurance for a conservation
easement;
(B) an appraisal under Section 183.066; and
(C) a legal survey by a land surveyor registered
or licensed by the Texas Board of Professional Land Surveying.
Sec. 183.053. TEXAS LEGACY COUNCIL. (a) The Texas Legacy
Council consists of 11 members, nine of whom are appointed and two
of whom are ex officio.
(b) The appointed members are:
(1) four members appointed by the governor, including:
(A) an appraiser certified or licensed by the
Texas Appraiser Licensing and Certification Board with
demonstrated experience in appraising conservation easements;
(B) a municipal or county official;
(C) a person with demonstrated knowledge of water
resource issues; and
(D) a real estate attorney who has negotiated,
drafted, and recorded conservation easements;
(2) two members appointed by the governor from a list
of candidates submitted by the speaker of the house of
representatives, including:
(A) a landowner engaged in wildlife management;
and
(B) a landowner engaged in agriculture other than
wildlife management;
(3) one member appointed by the governor from a list of
candidates submitted by the Texas Land Trust Council; and
(4) two members appointed by the lieutenant governor,
including:
(A) a rural landowner; and
(B) a person active in the field of conservation.
(c) The ex officio members are:
(1) the commissioner of the department or the
commissioner's representative, who is designated by the
commissioner and must be an employee of the department; and
(2) the presiding officer of the Parks and Wildlife
Commission or the presiding officer's representative, who is
designated by the presiding officer and must be a member of the
commission.
(d) In making appointments from a list under Subsection
(b)(2) or (3), the governor may reject the candidates on the list
and request a new list of candidates.
(e) The ex officio members have full voting powers.
Sec. 183.054. TERMS; CONSIDERATIONS IN MAKING
APPOINTMENTS. (a) 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) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Sec. 183.055. OFFICERS; COMPENSATION. (a) The governor
shall designate a member of the council as the presiding officer of
the council to serve in that capacity at the will of the governor.
The council may choose from its members other officers as the
council considers necessary.
(b) 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. 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. A person may not
be a council member appointed under Section 183.053(b)(1), (2), or
(4) if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving money from the
council;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving money from the council; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the council other than compensation
or reimbursement authorized by law for council membership,
attendance, or expenses.
Sec. 183.057. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be an appointed member of the council
if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association for an occupation or
profession with an interest in land conservation that is related to
that occupation or profession; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association for an occupation or
profession with an interest in land conservation that is related to
that occupation or profession.
(c) A person may not be an appointed member of the council or
act as the general counsel to the council if the person is required
to register as a lobbyist under Chapter 305, Government Code,
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) It is a ground for
removal from the council that an appointed member:
(1) is ineligible for membership under Section 183.056
or 183.057;
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(3) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(b) 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) If the presiding officer has knowledge that a potential
ground for removal exists, the presiding officer shall notify the
governor and the attorney general that a potential ground for
removal exists.
Sec. 183.059. INFORMATION REGARDING REQUIREMENTS FOR
OFFICE. The presiding officer or the presiding officer's designee
shall 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) A person who is appointed to
and qualifies for office as a member of the council may not vote,
deliberate, or be 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) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs;
(3) the role and functions of the council;
(4) the rules of the council with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) 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. The council shall 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) The council shall maintain a
file on each written complaint filed with the council. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint.
(b) The council shall 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) The council, at least quarterly until final disposition
of the complaint, shall 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)
The purchase of development rights account is an account in the
general revenue fund that may be appropriated to the council only
for the purpose of implementing this subchapter. The account
consists of:
(1) money transferred to the account at the direction
of the legislature for the program;
(2) public or private grants, gifts, donations, or
contributions; and
(3) money from other sources, including mitigation,
remediation, and bond proceeds.
(b) Money in the account may be used only:
(1) for the purchase of development rights;
(2) to administer the program; and
(3) to cover the transaction costs incurred by a
purchaser of development rights.
(c) The council may not use more than five percent of the
money in the account for administrative costs.
Sec. 183.064. PURCHASE OF DEVELOPMENT RIGHTS GRANT PROGRAM.
(a) The council shall develop, maintain, and administer a program
to provide grants to be used for the purchase of development rights.
(b) The council, in consultation with the department, shall
adopt rules for administering the program, including:
(1) grant eligibility and selection criteria;
(2) grant application procedures;
(3) development rights purchase procedures;
(4) compliance procedures; and
(5) grant disbursement procedures.
(c) Information submitted to the council in the application
is confidential and not subject to disclosure under Chapter 552,
Government Code.
(d) The department shall assist the council in carrying out
its duties under this subchapter.
Sec. 183.065. MATCHING FUNDS. A grant under the program may
not constitute more than 50 percent of the project costs. To
qualify for a grant under the program, a prospective purchaser of
development rights must provide proof to the council that the
prospective purchaser will obtain matching funds for the remainder
of the project costs. A landowner may donate money to assist the
prospective purchaser in paying the purchaser's share of the
project costs. The amount donated by the landowner is credited
against the purchaser's share of the project costs.
Sec. 183.066. APPRAISAL REQUIRED. The value of a purchase
of development rights shall be determined by a site-specific
appraisal prepared by an appraiser certified or licensed by the
Texas Appraiser Licensing and Certification Board. The appraiser
may not be a member of the council.
Sec. 183.067. ADVISORY COMMITTEE. (a) The council may
establish an advisory committee to advise the council about the
council's functions.
(b) An advisory committee is subject to Chapter 2110,
Government Code, except that Section 2110.002 does not apply.
Sec. 183.068. SUNSET PROVISION. The Texas Legacy Council
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
council is abolished and this subchapter expires September 1, 2015.
Sec. 183.069. REPORT. Not later than January 1 of each
odd-numbered year, the council shall report to the legislature on
the council's progress in accomplishing the objectives of this
subchapter.
SECTION 4. In appointing the initial members of the Texas
Legacy Council:
(1) the governor shall designate:
(A) two persons to serve terms expiring February
1, 2005;
(B) three persons to serve terms expiring
February 1, 2007; and
(C) two persons to serve terms expiring February
1, 2009; and
(2) the lieutenant governor shall designate:
(A) one person to serve a term expiring February
1, 2005; and
(B) one person to serve a term expiring February
1, 2009.
SECTION 5. 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. This Act takes effect September 1, 2003.