79R5993 SGA-F
By: Hilderbran H.B. No. 3146
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a land conservation program and
land conservation council in the Parks and Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Parks and Wildlife Code, is amended by
adding Chapter 15 to read as follows:
CHAPTER 15. VOLUNTARY LAND CONSERVATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 15.001. DEFINITIONS. In this chapter:
(1) "Agricultural conservation easement" means a
nonpossessory interest of a holder in real property that imposes
limitations or affirmative obligations designed to:
(A) conserve water quality or quantity;
(B) conserve native wildlife species through
protection of their habitat;
(C) conserve rare or sensitive plant species; or
(D) conserve large tracts of qualified
open–space land that are threatened with fragmentation or
development.
(2) "Council" means the voluntary land conservation
council established under Section 15.051.
(3) "Fund" means the land conservation fund
established under Section 15.202.
(4) "Program" means the land conservation program
established by this chapter.
(5) "Qualified easement holder" means:
(A) a state agency or a municipality authorized
to hold an interest in real property under the laws of this state or
of the United States; or
(B) a nonprofit charitable corporation,
charitable association, or charitable trust, as described by
Section 501(c)(3), Internal Revenue Code of 1986, created or
organized for the purpose of preserving open space or agricultural
or natural resources.
[Sections 15.002-15.050 reserved for expansion]
SUBCHAPTER B. VOLUNTARY LAND CONSERVATION COUNCIL
Sec. 15.051. COMPOSITION OF COUNCIL. (a) The voluntary
land conservation council is established in the Parks and Wildlife
Department and consists of 13 members.
(b) Ten members are appointed by the governor as follows:
(1) two members must operate a family farm or ranch in
this state and must receive at least 50 percent of their gross
income in one of the past three years from that operation;
(2) one member who is a representative of a regional or
statewide land trust operating in the state for at least the past
five years;
(3) one member who is a representative of a statewide
nonprofit conservation organization that has been in existence in
this state for at least 10 years;
(4) one member who is a representative of an
agricultural banking and lending organization who has experience in
lending for farms and ranches or other lands encumbered by
conservation easements;
(5) one member who is a licensed real estate appraiser
in good standing who has experience appraising farms, ranches, or
other lands encumbered by conservation easements;
(6) two members who are representatives of statewide
agricultural organizations in existence in this state for at least
10 years;
(7) one member who:
(A) is a representative of a rural landowners'
group; and
(B) has experience with water policy and
management issues; and
(8) one member who is a lawyer in good standing with
the State Bar of Texas with experience in the practice of real
estate law.
(c) Three council members serve ex officio as follows:
(1) the presiding officer of the commission or the
presiding officer's designee;
(2) the state conservationist of the United States
Department of Agriculture Natural Resource Conservation Service or
that person's designee; and
(3) the agriculture commissioner or that person's
designee.
(d) The governor shall make appointments to the council
without regard to race, color, disability, sex, religion, age, or
national origin.
Sec. 15.052. TERMS. Appointed members of the council serve
staggered six-year terms, with one-third of the appointed members'
terms expiring February 1 of each odd-numbered year.
Sec. 15.053. OFFICERS. (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.
(b) The council may choose from its members other officers
the council considers necessary.
Sec. 15.054. COMPENSATION; EXPENSES. (a) 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.
(b) An ex officio member of the council is not entitled to
additional compensation for service on the council. The member
shall serve on the council as part of the member's underlying state
office or employment for purposes of receiving reimbursement for
expenses related to service on the council.
Sec. 15.055. 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 appointed as a council member 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.
(c) 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
the 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.
(d) 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. 15.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the council that an appointed member:
(1) is ineligible for membership under Section 15.055;
(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 of the council 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. 15.057. VOTING. The council may vote on the award of
grants, the termination of easements, or any other action necessary
to further the goals of the program or this chapter.
Sec. 15.058. INFORMATION REGARDING REQUIREMENTS FOR
OFFICE. The presiding officer of the council 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. 15.059. 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 provisions of this chapter;
(2) programs operated by the council;
(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. 15.060. 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. 15.061. COMPLAINTS. (a) The council shall maintain a
file containing each written complaint filed with the council. The
file must also 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 council closed the file without taking action other than to
investigate the claim.
(b) The council shall provide the person filing the
complaint and 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 of
the status of the complaint.
[Sections 15.062-15.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 15.101. GENERAL AUTHORITY. The council may exercise
any power necessary to accomplish the purposes of this chapter.
Sec. 15.102. RULES. The council may adopt rules as
necessary to implement this chapter.
Sec. 15.103. GRANTS; DONATIONS. The council may request,
accept, and use loans, donations, aid, appropriations, guaranties,
subsidies, grants, or contributions of any item of value for the
purposes of this chapter.
Sec. 15.104. FEES. The council may set fees in connection
with the programs, services, and activities provided for by this
chapter.
Sec. 15.105. CONTRACTS. The council may contract with any
person for any purpose of this chapter.
Sec. 15.106. ADVISORY COMMITTEE. The council may create an
advisory committee to review grant applications.
[Sections 15.107-15.150 reserved for expansion]
SUBCHAPTER D. LAND CONSERVATION PROGRAM
Sec. 15.151. PROTOCOL; CRITERIA. The council shall
establish a protocol for the purchase of agricultural conservation
easements and for the distribution of money to approved applicants
under this subchapter.
Sec. 15.152. APPLICATION PROCESS. (a) To receive a grant
under this chapter, an applicant must be a qualified easement
holder and submit an application to the council.
(b) The application must:
(1) set out the applicant's conservation goals
consistent with the program;
(2) include a site-specific appraisal by a licensed
appraiser qualified to determine the market value of the easement;
(3) include evidence that the applicant is able to
match 50 percent of the amount of the grant being sought; and
(4) include a memorandum of understanding from the
landowner signed by the applicant and the landowner indicating
intent to sell a conservation easement and the terms of the
contract.
(c) The council may allow an in-kind donation to be
considered as a matching amount under Subsection (b)(3).
Sec. 15.153. CRITERIA FOR AWARDING GRANTS. (a) The council
shall establish criteria for evaluating grant applicants and
administer grants awarded to successful applicants.
(b) The council shall adopt a scoring process that gives
equal weight to each of the categories under this section.
(c) Grants will be awarded to the applicant that
demonstrates strength in the highest number of the following
categories:
(1) landscape and watershed integrity for conserving
water and natural resources;
(2) productivity of agricultural lands;
(3) availability of habitats for native species,
including important, endangered, threatened, rare, or sensitive
species;
(4) susceptibility of the subject property to
fragmentation or development;
(5) potential for leveraging state money allocated to
the program with additional public or private money;
(6) duration of the easement's term;
(7) proximity of the subject property to other
protected lands; and
(8) inclusion in the application of a resource
management plan agreed to by the applicant and the landowner and
approved by the council.
Sec. 15.154. TERMS OF AGRICULTURAL CONSERVATION EASEMENT.
(a) The landowner and the potential purchaser of the easement may
consider and negotiate the terms of the easement, including
consideration of:
(1) whether the landowner will receive a lump sum or
annual or monthly payments;
(2) whether the term of the easement is perpetual or
for a term of at least 30 years;
(3) whether a term easement is renewable;
(4) whether the landowner retains limited development
rights for personal or family residences on the land; and
(5) the market value of the easement.
(b) An easement under this section may not be assigned to or
enforced by a third party without the express written consent of the
landowner.
Sec. 15.155. TERMINATION OF EASEMENTS. (a) A landowner may
request that the council terminate an easement on grounds that the
qualified easement holder is unable to meet the conservation goals
described by this chapter on the land covered by the easement. The
termination request must contain a statement of the reasons for the
request as verified by the landowner, who shall deliver a copy of
the request to the easement holder.
(b) On receipt of the termination request, the council shall
conduct an inquiry. Not later than the 180th day after the date on
which the council receives the request, the council shall notify
the parties of its decision to grant or deny the request for
termination.
(c) Not later than the 45th day after the date on which the
council makes the decision, either party may appeal the council's
decision in district court.
Sec. 15.156. REPURCHASE BY LANDOWNER. (a) In this
section:
(1) "Agricultural value" means the price as of the
appraisal date a buyer willing, but not obligated to buy, would pay
for a farm or ranch unit with land comparable in quality and
composition to the subject property, but located in the nearest
location where profitable farming or ranching is feasible.
(2) "Fair market value" means the price as of the
appraisal date a buyer willing, but not obligated to buy, would pay
for the land at its best and most beneficial use under any
obtainable development zoning category.
(b) If a request for termination is granted, the council
shall order an appraisal of the fair market value and the
agricultural value of the subject property. The landowner shall
bear the cost of the appraisal.
(c) Not later than the 180th day after the date of the
appraisal, the landowner must repurchase the easement by paying to
the fund an amount proportionally equal to the original grant
amount, based on the applicable appraisal amount under this
section.
(d) If the request for termination is denied or the
landowner fails to timely repurchase the easement, the landowner
may not subsequently request termination until the expiration of
five years from the last request.
Sec. 15.157. PROTECTED LAND; NOTICE OF TAKING. (a) A
department or agency of this state or a political subdivision,
including a county and a municipality, may not approve a project
that requires the use or taking of any private land encumbered by an
agricultural conservation easement purchased under this chapter
unless the governing body of the governmental entity determines
after notice and hearing that:
(1) there is no feasible and prudent alternative to
the use or taking of the land; and
(2) the project includes all reasonable planning to
minimize harm to the land resulting from the use or taking.
(b) The governing body shall consider local preferences.
The provisions of this chapter do not constitute a prohibition
against the use of the area if a finding is made that justifies the
approval of a project.
(c) A finding that leads to the condemnation of land
encumbered by an agricultural conservation easement purchased
under this chapter must also include a provision that repayment to
the state must be based on the value of the united estate, in
addition to any compensation due the landowner under an eminent
domain proceeding.
Sec. 15.158. PRESERVATION OF OPEN SPACE; CONSERVATION. The
council shall ensure that agricultural conservation easements
purchased under this chapter are not inconsistent with the
preservation of open space and the conservation of wildlife habitat
or water.
[Sections 15.159–15.200 reserved for expansion]
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 15.201. GENERAL FUNDING DUTY. The council shall seek
ways to coordinate and leverage public and private sources of
funding.
Sec. 15.202. LAND CONSERVATION FUND. (a) In this section,
"qualified land" means "qualified open-space land" as defined by
Section 23.51, Tax Code.
(b) The land conservation fund is a separate account in the
general revenue fund.
(c) The council shall deposit to the credit of the fund:
(1) grant money refunded from the repurchase of an
easement;
(2) public or private grants, gifts, or donations;
(3) legislative appropriations for the purposes of
this chapter;
(4) proceeds from the sale of bonds;
(5) state or federal mitigation money;
(6) money from any local, state, or federal program;
(7) interest earned on the fund; and
(8) money from any other source not otherwise
dedicated.
(d) Money in the fund may be used only to pay:
(1) for the award of grants to qualified easement
holders for the purchase of agricultural conservation easements to
preserve:
(A) water quality;
(B) native wildlife species and habitat;
(C) rare or sensitive plant species; or
(D) qualified land;
(2) transaction costs related to the purchase of
agricultural conservation easements, including reimbursement of
appraisal costs; or
(3) annual administrative costs of the program, not to
exceed an amount equal to five percent of the amount deposited to
the credit of the fund that year, subject to legislative
appropriations.
SECTION 2. This Act takes effect September 1, 2005.