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SECTION 1. Subchapter B,
Chapter 183, Natural Resources Code, is transferred to Subtitle E, Title 5,
Parks and Wildlife Code, redesignated as Chapter 84, Parks and Wildlife
Code, and amended to read as follows:
CHAPTER 84 [SUBCHAPTER
B]. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
Sec. 84.001 [183.051].
PURPOSE
Sec. 84.002 [183.052].
DEFINITIONS.
Sec. 84.003 [183.053].
PROGRAM.
Sec. 84.004 [183.054].
TERMS OF AGRICULTURAL CONSERVATION EASEMENT.
Sec. 84.005 [183.055].
TERMINATION OF EASEMENT.
Sec. 84.006 [183.056].
REPURCHASE BY LANDOWNER.
Sec. 84.007 [183.057].
PROTECTED LAND; NOTICE OF TAKING.
Sec. 84.008 [183.058].
TEXAS FARM AND RANCH LANDS CONSERVATION FUND.
Sec. 84.009 [183.059].
ADMINISTRATION OF FUND.
Sec. 84.010 [183.060].
CRITERIA FOR AWARDING GRANTS. The council shall
adopt a scoring process to be
used in evaluating applications that considers the following:
(1) maintenance of landscape
and watershed integrity to conserve water and natural resources;
(2)
protection of highly productive agricultural lands;
(3) protection of habitats
for native plant and animal species, including habitats for endangered,
threatened, rare, or sensitive species;
(4)
susceptibility of the subject property to subdivision, fragmentation, or
other development;
(5) potential for leveraging
state money allocated to the program with additional public or private
money;
(6) proximity of the subject
property to other protected lands;
(7) the term of the proposed
easement, whether perpetual or for a term of 30 years; and
(8) a resource management
plan agreed to by both parties and approved by the council.
Sec. 84.011 [183.061].
TEXAS FARM AND RANCH LANDS CONSERVATION COUNCIL. (a) The Texas Farm and
Ranch Lands Conservation Council is established to advise and assist the director
[commissioner] with administration of the program and to select
applicants to receive grants under this chapter [subchapter]
using the criteria adopted by the council under Section 84.010 [183.060].
The council consists of eleven members as
follows:
(1) six members appointed by
the governor as follows:
(A) two members [one
member] who each operate [operates] a family farm or
ranch in this state;
(B) one member who is the
designated representative of an agricultural banking or lending
organization and who has significant experience lending for farms and
ranches or lands encumbered by conservation easements;
(C) two members who are the
designated representatives of a statewide agricultural organization in
existence in this state for not less than 10 years; and
(D) one member who is a
designated representative of a statewide nonprofit organization that
represents land trusts operating in this state; and
[(E) one member from a
state institution of higher education who has significant experience with
natural resources issues; and]
(2) five [four]
ex officio members as follows:
(A)
a [the] commissioner of the Texas Commission on
Environmental Quality, or the commissioner's designee;
(B) the commissioner of
agriculture or the commissioner's designee;
(C) the chair of the
Texas Water Development Board, or the chair's designee [presiding
officer of the Parks and Wildlife Commission or the presiding officer's
designee]; [and]
(D) the state
conservationist of the Natural Resources Conservation Service of the United
States Department of Agriculture or a designee of that person, who serves
as a nonvoting member; and
(E) the presiding officer
of the commission or the presiding officer's designee, who must be a member
of the commission.
(b) Appointed members of the
council serve staggered terms of six years, with two of the members' terms
expiring February 1 of each odd-numbered year.
(c) Appointments to and
removal from the council shall be made by the governor without regard to
the race, color, disability, sex, religion, age, or national origin of the
appointees.
(d) The presiding officer
of the commission or the presiding officer's [commissioner or the
commissioner's] designee shall serve as the presiding officer of the
council and shall designate from
among the members of the council an assistant presiding officer of the
council to serve in that capacity at the will of the presiding
officer of the commission [commissioner].
The council may choose from its members
other officers as the council considers necessary.
(e) A member of the council
is not entitled to compensation for service on the council but is entitled
to reimbursement of the necessary and reasonable travel expenses incurred
by the member while conducting the business of the council, as provided for
state employees by the General Appropriations Act.
(f) The council shall meet
not less than once each year.
(g) 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 under the program;
(2) owns or controls,
directly or indirectly, more than a 10 percent interest in a business
entity or other organization receiving money under the program; or
(3) uses or receives a
substantial amount of tangible goods, services, or money under the program other
than reimbursement authorized by law for travel expenses as described by
Subsection (e).
(h) In this subsection,
"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. 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.
(i) 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.
(j) It is a ground for
removal from the council if a member:
(1) is ineligible for
membership under this section;
(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.
(k) 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 participating council member exists.
(l) If the presiding officer
of the council has knowledge that a potential ground for removal
exists, the presiding officer of the council shall notify the director
[commissioner] and the governor that a potential ground for removal
exists.
(m) The presiding officer of
the council or that person's [the presiding officer's]
designee, with the assistance of staff of the department [land
office], shall provide to members of the council information regarding
a member's responsibilities under applicable laws relating to standards of
conduct for state officers.
(n) 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. The training program must provide the person with
information regarding:
(1) the legislation that
created the council;
(2) the program to be
administered under this chapter [subchapter];
(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 policies
adopted by the council or the Texas Ethics Commission.
(o) 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 training
program occurs before or after the person qualifies for office.
Sec. 84.012 [183.062].
EFFECT ON TAX APPRAISAL.
Sec. 84.013 [183.063].
REPORT TO TEXAS DEPARTMENT OF TRANSPORTATION.
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SECTION 1. Subchapter B,
Chapter 183, Natural Resources Code, is transferred to Subtitle E, Title 5,
Parks and Wildlife Code, redesignated as Chapter 84, Parks and Wildlife
Code, and amended to read as follows:
CHAPTER 84 [SUBCHAPTER
B]. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
Sec. 84.001 [183.051].
PURPOSE.
Sec. 84.002 [183.052].
DEFINITIONS
Sec. 84.003 [183.053].
PROGRAM.
Sec. 84.004 [183.054].
TERMS OF AGRICULTURAL CONSERVATION EASEMENT.
Sec. 84.005 [183.055].
TERMINATION OF EASEMENT.
Sec. 84.006 [183.056].
REPURCHASE BY LANDOWNER.
Sec. 84.007 [183.057].
PROTECTED LAND; NOTICE OF TAKING.
Sec. 84.008 [183.058].
TEXAS FARM AND RANCH LANDS CONSERVATION FUND.
Sec. 84.009 [183.059].
ADMINISTRATION OF FUND.
Sec. 84.010 [183.060].
CRITERIA FOR AWARDING GRANTS. The council shall:
(1) give priority to applications that protect highly productive
agricultural lands that are susceptible to development, including
subdivision and fragmentation; and
(2) adopt a scoring
process to be used in evaluating applications that considers the following:
(A) [(1)]
maintenance of landscape and watershed integrity to conserve water and
natural resources;
(B) [(2) protection
of highly productive agricultural lands;
[(3)] protection of
habitats for native plant and animal species, including habitats for
endangered, threatened, rare, or sensitive species;
(C) [(4)
susceptibility of the subject property to subdivision, fragmentation, or
other development;
[(5)] potential for
leveraging state money allocated to the program with additional public or
private money;
(D) [(6)]
proximity of the subject property to other protected lands;
(E) [(7)] the
term of the proposed easement, whether perpetual or for a term of 30 years;
and
(F) [(8)] a
resource management plan agreed to by both parties and approved by the
council.
Sec. 84.011 [183.061].
TEXAS FARM AND RANCH LANDS CONSERVATION COUNCIL. (a) The Texas Farm and
Ranch Lands Conservation Council is established to advise and assist the director
[commissioner] with administration of the program and to select
applicants to receive grants under this chapter [subchapter]
using the criteria adopted by the council under Section 84.010 [183.060].
The council consists of 12 members as
follows:
(1) six members appointed by
the governor as follows:
(A) two members [one
member] who each operate [operates] a family farm or
ranch in this state;
(B) one member who is the
designated representative of an agricultural banking or lending
organization and who has significant experience lending for farms and
ranches or lands encumbered by conservation easements;
(C) two members who are the
designated representatives of a statewide agricultural organization in
existence in this state for not less than 10 years; and
(D) one member who is a
designated representative of a statewide nonprofit organization that represents
land trusts operating in this state; and
[(E) one member from a
state institution of higher education who has significant experience with
natural resources issues; and]
(2) six [four]
ex officio members as follows:
(A)
the executive director of the State Soil and Water Conservation Board
[the commissioner];
(B) the commissioner of
agriculture or the commissioner's designee;
(C) the chair of the
Texas Water Development Board, or the chair's designee [presiding
officer of the Parks and Wildlife Commission or the presiding officer's
designee]; [and]
(D) the state
conservationist of the Natural Resources Conservation Service of the United
States Department of Agriculture or a designee of that person, who serves
as a nonvoting member;
(E) the presiding officer
of the commission or the presiding officer's designee, who must be a member
of the commission; and
(F) the executive director of the Texas A&M Institute of
Renewable Natural Resources.
(b) Appointed members of the
council serve staggered terms of six years, with two of the members' terms
expiring February 1 of each odd-numbered year.
(c) Appointments to and
removal from the council shall be made by the governor without regard to
the race, color, disability, sex, religion, age, or national origin of the
appointees.
(d) The presiding officer
of the commission or the presiding officer's [commissioner or the
commissioner's] designee shall serve as the presiding officer of the
council unless, at the presiding officer
of the commission's discretion, the executive director of the department
shall serve as the presiding officer of the council. The presiding officer
of the council [and]
shall designate from among the members of the council an assistant
presiding officer of the council to serve in that capacity at the
will of the presiding officer of the council
[commissioner]. The council may choose from its appointed
members other officers as the council considers necessary.
(e) A member of the council
is not entitled to compensation for service on the council but is entitled
to reimbursement of the necessary and reasonable travel expenses incurred
by the member while conducting the business of the council, as provided for
state employees by the General Appropriations Act.
(f) The council shall meet
not less than once each year.
(g) 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 under the program;
(2) owns or controls,
directly or indirectly, more than a 10 percent interest in a business
entity or other organization receiving money under the program; or
(3) uses or receives a
substantial amount of tangible goods, services, or money under the program
other than reimbursement authorized by law for travel expenses as described
by Subsection (e).
(h) In this subsection,
"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. 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.
(i) 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.
(j) It is a ground for
removal from the council if a member:
(1) is ineligible for
membership under this section;
(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.
(k) 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 participating council member exists.
(l) If the presiding officer
of the council has knowledge that a potential ground for removal
exists, the presiding officer of the council shall notify the director
[commissioner] and the governor that a potential ground for removal
exists.
(m) The presiding officer of
the council or that person's [the presiding officer's]
designee, with the assistance of staff of the department [land
office], shall provide to members of the council information regarding
a member's responsibilities under applicable laws relating to standards of
conduct for state officers.
(n) 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. The training program must provide the person with
information regarding:
(1) the legislation that created
the council;
(2) the program to be
administered under this chapter [subchapter];
(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 policies
adopted by the council or the Texas Ethics Commission.
(o) 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 training
program occurs before or after the person qualifies for office.
Sec. 84.012 [183.062].
EFFECT ON TAX APPRAISAL.
Sec. 84.013 [183.063].
REPORT TO TEXAS DEPARTMENT OF TRANSPORTATION.
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