|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a pilot project to conserve threatened and endangered |
|
|
species and habitat. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle B, Title 5, Parks and Wildlife Code, is |
|
|
amended by adding Chapter 69 to read as follows: |
|
|
CHAPTER 69. PILOT PROJECT FOR |
|
|
HABITAT AND SPECIES CONSERVATION |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 69.001. DEFINITIONS. In this chapter: |
|
|
(1) "Endangered species" means any species of fish or |
|
|
wildlife indigenous to this state and listed: |
|
|
(A) by the United States Department of the |
|
|
Interior as endangered or threatened under the federal Endangered |
|
|
Species Act of 1973 (16 U.S.C. Section 1531 et seq.); or |
|
|
(B) as a species of concern in the Texas Wildlife |
|
|
Action Plan. |
|
|
(2) "Fish or wildlife" has the meaning assigned by |
|
|
Section 68.001. |
|
|
(3) "Pilot project" means the program under Subchapter |
|
|
B. |
|
|
(4) "Species of concern" means a species identified in |
|
|
the Texas Wildlife Action Plan administered by the department as |
|
|
being in need of conservation. |
|
|
[Sections 69.002-69.020 reserved for expansion] |
|
|
SUBCHAPTER B. PILOT PROJECT |
|
|
Sec. 69.021. PILOT PROJECT PURPOSE. The department shall |
|
|
implement a pilot program to: |
|
|
(1) recover endangered species in this state; and |
|
|
(2) prevent other species from being listed as |
|
|
endangered. |
|
|
Sec. 69.022. CREDIT SYSTEM FOR PRIVATE LANDOWNERS. (a) As |
|
|
part of the pilot project under this chapter, a private landowner |
|
|
who participates in habitat management programs and other |
|
|
conservation efforts sponsored by the department may earn recovery |
|
|
credits from the department. |
|
|
(b) A landowner who participates in the pilot project is |
|
|
eligible for compensation by the department based on the increase |
|
|
over 10 years in suitable habitats, population, or productivity of |
|
|
listed species. |
|
|
(c) In the first year of participation in the pilot project |
|
|
by the landowner, the department shall document the initial |
|
|
baseline amount of suitable habitat available or the status of the |
|
|
population of endangered species on the property. |
|
|
Sec. 69.023. PIONEERING SHARES. (a) The department shall |
|
|
develop an incentive program to identify priority areas where |
|
|
species of concern are located. The pilot project shall establish |
|
|
not more than four areas in this state. |
|
|
(b) A team of experts will lead the effort to document |
|
|
species of concern in a selected priority area. |
|
|
(c) Landowners within the areas identified in Subsection |
|
|
(a) may participate in a pioneering share program. The program |
|
|
shall provide shares to each landowner who participates. The pilot |
|
|
project may add landowners to the program until the project |
|
|
accumulates enough land to determine the status of the species of |
|
|
concern. |
|
|
(d) Landowners may convert shares into cash payments at a |
|
|
time determined by the department. |
|
|
Sec. 69.024. CONFIDENTIALITY. Section 12.103 applies to |
|
|
any information obtained on privately owned land under the pilot |
|
|
project. |
|
|
Sec. 69.025. REPORT. Not later than December 1, 2012, the |
|
|
department shall submit a report to the legislature regarding the |
|
|
results of the pilot project on the status and management of |
|
|
endangered and threatened species in this state. The report must |
|
|
include an assessment of the continuing need for the pilot project |
|
|
and a recommendation on whether the project should be continued. |
|
|
Sec. 69.026. FUNDING. (a) The department may use money to |
|
|
pay for the costs associated with the pilot project that is: |
|
|
(1) appropriated by the legislature for the purposes |
|
|
of wildlife and habitat conservation; |
|
|
(2) obtained from federal or private grants; or |
|
|
(3) obtained from any other source, including any |
|
|
amounts appropriated but unencumbered on August 31, 2007, in the |
|
|
game, fish, and water safety account or the special nongame and |
|
|
endangered species conservation account. |
|
|
(b) The department may not use more than $250,000 a year to |
|
|
pay for the pilot project for the first five years of the project. |
|
|
Sec. 69.027. RULES. The department shall adopt any rules |
|
|
necessary to implement this chapter. |
|
|
Sec. 69.028. EXPIRATION DATE. This chapter expires |
|
|
September 1, 2017. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |