79R2429 SGA-F

By:  Baxter                                                       H.B. No. 3464



A BILL TO BE ENTITLED

AN ACT

relating to federal approval of land for habitat conservation.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 83, Parks and Wildlife 
Code, is amended by adding Section 83.021 to read as follows:
	Sec. 83.021.  FEDERAL APPROVAL OF LAND ACQUISITIONS.  (a)  
This section applies to  a conservation agreement, as defined by 
Section 83.005, a habitat conservation plan, or a regional habitat 
conservation plan that:
		(1)  received a federal permit; and                                    
		(2)  has planned the acquisition of more than 1,000 
acres of land under the permit.
	(b)  After the submission of the original plan to the federal 
government, a permit holder shall prepare an amendment to the plan 
or agreement:
		(1)  not later than October 1 of each year, to include 
all land and conservation easements acquired during the 12 months 
ending August 31 of that year by the permit holder with public money 
for any environmentally related purpose; or
		(2)  for every 100 acres of land or conservation 
easements acquired. 
	(c)  The permit holder shall submit the amendment to the plan 
or agreement to the appropriate federal agency under the federal 
act.  The federal agency shall determine which portions of the land 
acquired count toward the total area of land planned for 
acquisition under the original habitat preservation plan or 
agreement.
	(d)  If the federal agency approves the use of all or part of 
the land included under Subsection (c) for partial completion of 
the planned acquisitions under the original plan or agreement, the 
permit holder shall reduce appropriately the number of acres that 
need to be acquired to complete land acquisitions under the 
original plan or agreement.
	(e)  At least 10 days before the meeting, a permit holder 
shall invite in writing each private landowner who owns land in the 
territory included in the originally permitted plan or agreement to 
each meeting concerning the plan or agreement between the permit 
holder and a representative of the federal government. A meeting 
may not be held unless at least one private landowner is present.
	(f)  The permit holder shall provide a copy of any 
correspondence related to the plan or agreement to each private 
landowner who owns land in the territory included in the originally 
permitted plan or agreement.
	(g)  This section does not apply to a plan or agreement after 
the land acquisitions under the plan or agreement are complete.
	SECTION 2.  This section applies to a permit holder under 
Section 83.021, Parks and Wildlife Code, as added by this Act, that 
received a permit before the effective date of this Act.  Not later 
than October 1, 2005, the permit holder shall submit to the 
appropriate federal agency as one combined amendment the amendment 
described by Section 83.021(b)(1), Parks and Wildlife Code.  The 
combined amendment must include each year for which an amendment 
would have been required under that subdivision if that subdivision 
had been in effect at the time of the submission of the original 
plan to the federal government.
	SECTION 3.  This Act takes effect September 1, 2005.