83R20401 SLB-D

By: Bonnen of Brazoria H.B. No. 3509

Substitute the following for H.B. No. 3509:

By: Cook C.S.H.B. No. 3509

A BILL TO BE ENTITLED

AN ACT

relating to endangered species habitat conservation and to the creation of a committee to oversee and guide the state's coordinated response to federal actions regarding endangered species.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 83.005(b), Parks and Wildlife Code, is amended to read as follows:

(b) In this section, "conservation agreement" includes an agreement between [the state or] a political subdivision of the state and the United States Department of the Interior under the federal act that does not relate to a federal permit as defined by Section 83.011.

SECTION 2. Section 83.011, Parks and Wildlife Code, is amended by adding Subdivisions (1-a), (1-b), and (13) and amending Subdivision (4) to read as follows:

(1-a) "Candidate conservation plan" means a plan to implement actions necessary for the conservation of one or more candidate species or species likely to become a candidate species in the near future.

(1-b) "Candidate species" means a species identified by the United States Department of the Interior as appropriate for listing as threatened or endangered.

(4) "Federal permit" means a permit issued under [Section 7 or 10(a) of] the federal act, including Section 7 or 10(a) of the federal act.

(13) "Response committee" means the Coordinated State Endangered Species Response Committee established under Subchapter D.

SECTION 3. The heading to Section 83.013, Parks and Wildlife Code, is amended to read as follows:

Sec. 83.013. AUTHORITY OF [DEPARTMENT OR] POLITICAL SUBDIVISION.

SECTION 4. Sections 83.013(a) and (b), Parks and Wildlife Code, are amended to read as follows:

(a) A [The department or a] political subdivision may participate in the study and preparation for and creation of a habitat conservation plan.

(b) Subject to this subchapter, [the department or] a political subdivision may participate in the study and preparation for and creation of a regional habitat conservation plan.

SECTION 5. Chapter 83, Parks and Wildlife Code, is amended by adding Subchapters C and D to read as follows:

SUBCHAPTER C. HABITAT CONSERVATION BY THE DEPARTMENT

Sec. 83.051. DEPARTMENT AND STATE AGENCY AUTHORITY. (a) The department may:

(1) apply for and hold a federal permit issued in connection with a habitat conservation plan, candidate conservation plan, or similar plan, authorized or required by federal law in connection with a candidate species or endangered species, that is developed or coordinated by the department; or

(2) enter into an agreement with the United States Department of the Interior or other federal agency in connection with a habitat conservation plan, candidate conservation plan, or similar plan authorized or required by federal law in connection with a candidate species or endangered species.

(b) Unless authorized by the department, a state agency, other than an institution of higher education, may not:

(1) apply for or hold a federal permit issued in connection with a habitat conservation plan, candidate conservation plan, or similar plan authorized or required by federal law in connection with a candidate species or endangered species; or

(2) enter into an agreement with the United States Department of the Interior or other federal agency in connection with a habitat conservation plan, candidate conservation plan, or similar plan authorized or required by federal law in connection with a candidate species or endangered species.

(c) An authorization described by Subsection (b) must be documented by an interagency contract that may provide for the payment of funds held by the department, or funds to which the department has access, for purposes of carrying out the activity described in the authorization.

Sec. 83.052. PUBLIC NOTICE AND INPUT. (a) Before engaging in an activity authorized by Section 83.051, the department shall:

(1) provide public notice; and

(2) solicit and consider comments from:

(A) members of the task force on economic growth and endangered species created under Section 490E.003, Government Code;

(B) affected landowners;

(C) conservation interests; and

(D) business interests affected by the activity.

(b) The public notice required by this section may be made by:

(1) publication in the Texas Register;

(2) posting on the department's Internet website;

(3) written correspondence;

(4) announcement at a public meeting; or

(5) any means likely to ensure actual notice.

(c) The department may create advisory committees to assist the department in carrying out an activity authorized by Section 83.051.

(d) Chapter 2110, Government Code, does not apply to the size, composition, or duration of an advisory committee created under this section.

Sec. 83.053. HABITAT PROTECTION RESEARCH FUND. (a) The habitat protection research fund is held by the comptroller outside the treasury and consists of money appropriated to the fund, interest earned on the investment of money in the fund, and gifts and grants made to the fund.

(b) Money in the habitat protection research fund may be used only to:

(1) provide grants to institutions for research into candidate species and endangered species;

(2) employ research personnel at the department dedicated to research described by Subdivision (1); and

(3) fund capital expenditures by the department necessary to conduct research described by Subdivision (1).

(c) Research grants described by Subsection (b) shall be awarded by the department.

SUBCHAPTER D. COORDINATED STATE ENDANGERED SPECIES RESPONSE

COMMITTEE

Sec. 83.101. COMMITTEE COMPOSITION. The Coordinated State Endangered Species Response Committee is composed of the following members:

(1) the attorney general;

(2) the commissioner of the Department of Agriculture;

(3) the commissioner of the General Land Office;

(4) the chair of the Railroad Commission of Texas;

(5) the comptroller;

(6) the executive director of the Parks and Wildlife Department; and

(7) the executive director of the Texas Economic Development and Tourism Office.

Sec. 83.102. PRESIDING OFFICER; SUPPORT STAFF. (a) The position of chair of the response committee rotates among the members specified in Section 83.101 regardless of who occupies the named office at the time of the rotation. The position of chair rotates every two years in the order listed in Section 83.101, beginning with the attorney general.

(b) The chair, with the consent of other committee members, shall:

(1) select the location of meetings of the response committee; and

(2) set the agenda for meetings of the response committee.

(c) Agency staff of the chair of the response committee shall provide support for the committee.

Sec. 83.103. MEETINGS. (a) The response committee shall meet at least monthly. Notice of meetings must be posted, and meetings must be open to the public.

(b) Information regarding the meetings of the response committee shall be posted on a website maintained by the comptroller that contains information about the economic impact of federal action on endangered species.

(c) The response committee may not meet or make a decision unless a quorum is present.

Sec. 83.104. DUTIES OF RESPONSE COMMITTEE. The response committee shall oversee and guide the state's coordinated response to listings and potential listings of endangered species in this state, including overseeing and guiding the state's official comments and positions in response to actions of the United States Fish and Wildlife Service.

Sec. 83.105. RULES. The response committee may adopt rules as necessary to implement administrative procedures of the response committee.

Sec. 83.106. REPORT. Not later than December 1 of each even-numbered year, the response committee shall submit to the governor, lieutenant governor, and speaker of the house of representatives and to the appropriate committees in each chamber of the legislature a report containing:

(1) the response committee's findings and recommendations;

(2) proposed legislation necessary to implement the purposes of the response committee;

(3) a summary of the response committee's activities; and

(4) any administrative recommendations proposed by the response committee.

SECTION 6. Section 403.452, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (e) to read as follows:

(a) To promote compliance with federal law protecting endangered species and candidate species in a manner consistent with this state's economic development and fiscal stability, the comptroller may:

(1) [develop or coordinate the development of a habitat conservation plan or candidate conservation plan;

[(2) apply for and] hold a federal permit issued in connection with a [habitat conservation plan or] candidate conservation plan developed by the comptroller or the development of which is coordinated by the comptroller;

(2) [(3) enter into an agreement for the implementation of a candidate conservation plan with the United States Department of the Interior or assist another entity in entering into such an agreement;

[(4)] establish the habitat protection fund, to be held by the comptroller outside the treasury, to be used to [support the development or coordination of the development of a habitat conservation plan or a candidate conservation plan, or to] pay the costs of monitoring or administering the implementation of [such] a candidate conservation plan;

(3) [(5)] impose or provide for the imposition of [a mitigation fee in connection with a habitat conservation plan or] such fees as are necessary or advisable for a candidate conservation plan developed by the comptroller or the development of which is coordinated by the comptroller; and

(4) [(6)] implement, monitor, or support the implementation of a [habitat conservation plan or] candidate conservation plan developed by the comptroller or the development of which is coordinated by the comptroller.

(c) The legislature finds that expenditures described by Subsection (a)(2) [(a)(4)] serve public purposes, including economic development in this state.

(e) The authority of the comptroller to enter into an agreement with the United States Department of the Interior for the implementation of a candidate conservation plan expires September 1, 2013.

SECTION 7. Section 403.453(a), Government Code, is amended to read as follows:

(a) Upon consideration of the factors identified in Subsection (b), the comptroller may designate one of the following agencies to undertake the functions identified in Section 403.452(a)(1), [(2),] (3), or (4) [(5), or (6)]:

(1) the Department of Agriculture;

(2) the Parks and Wildlife Department;

(3) the Texas Department of Transportation;

(4) the State Soil and Water Conservation Board; or

(5) any agency receiving funds through Article VI (Natural Resources) of the 2012-2013 appropriations bill.

SECTION 8. Section 490E.004(a), Government Code, is amended to read as follows:

(a) The task force may[:

[(1)] assess the economic impact on the state of federal, state, or local regulations relating to endangered species[;

[(2) assist landowners and other persons in this state to identify, evaluate, and implement cost-efficient strategies for mitigation of impacts to and recovery of endangered species that will promote economic growth and development in this state; and

[(3) facilitate state and local governmental efforts to effectively implement endangered species regulations in a cost-efficient manner].

SECTION 9. The following provisions of the Government Code are repealed:

(1) Section 490E.001;

(2) Section 490E.004(b);

(3) Section 490E.005; and

(4) Section 490E.006.

SECTION 10. The changes in law made by Section 83.051(b), Parks and Wildlife Code, as added by this Act, apply only to a federal permit issued, an application for a federal permit submitted, or a conservation agreement entered into on or after the effective date of this Act. A federal permit issued, an application for a federal permit submitted, or a conservation agreement entered into before the effective date of this Act is governed by the law in effect at the time the action was taken, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2013.