By: Seliger S.B. No. 468

A BILL TO BE ENTITLED

AN ACT

relating to endangered species habitat conservation.

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

SECTION 1. Subsection (b), Section 83.005, 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. Subdivision (4), Section 83.011, Parks and Wildlife Code, is amended to read as follows:

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

SECTION 3. Subsections (a) and (b), Section 83.013, 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 4. Chapter 83, Parks and Wildlife Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. HABITAT PROTECTION BY THE DEPARTMENT

Sec. 83.031. DEFINITIONS. In this subchapter:

(1) "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.

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

(3) "Endangered species" means a species listed by the United States Department of the Interior as endangered or threatened under the federal act.

(4) "Federal act" means the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), as amended.

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

Sec. 83.032. DEPARTMENT AUTHORITY. (a) Subject to the requirements of this subchapter, the department may:

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

(2) enter into an agreement with the United States Department of the Interior or other federal department in connection with a habitat conservation plan, a candidate conservation plan, or similar plan authorized or required by federal law regarding 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 the purpose of carrying out the activity authorized by that subsection.

Sec. 83.033. PUBLIC NOTICE AND INPUT. (a) Before undertaking an activity authorized by Section 83.032, the department shall provide public notice to and shall solicit and consider comments from:

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

(2) affected landowners;

(3) conservation interests; and

(4) business interests affected by the activity.

(b) The public notice required by this section can be made by publication in the Texas Register, by posting on the department's website, by written correspondence, by public meeting, or by other means likely to ensure actual notice.

(c) The department may create advisory committees to assist the department in carrying out the activities authorized by Section 83.032.

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

Sec. 83.034. 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.

(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, as that term is defined under Section 403.451;

(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.

SECTION 5. 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 6. Subsection (a), Section 403.453, 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), (3), or (4) [403.452(a)(1), (2), (3), (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 7. Section 490E.004, Government Code, is amended to read as follows:

Sec. 490E.004. FUNCTIONS AND DUTIES. [(a)] The task force may:

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

(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.

[(b) If requested by a local government or state official, the task force may review state and local governmental efforts to address endangered species issues and provide recommendations to make those efforts more cost effective. The task force shall consider all available options as part of its recommendations. The options considered must include:

[(1) fee simple acquisition of land,

[(2) conservation easements,

[(3) use of land owned by local governments or this state,

[(4) recovery crediting, and

[(5) all relevant federal programs.]

SECTION 8. Section 490E.005, Government Code, is repealed.

SECTION 9. (a) The change in law made by Subsection (b), Section 83.032, Parks and Wildlife Code, as added by this Act, applies 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.

(b) 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 that law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2013.