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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on habitat conservation plans in Travis |
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County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Parks and Wildlife Code, is amended by |
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adding Chapter 287 to read as follows: |
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CHAPTER 287. TRAVIS COUNTY |
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Sec. 287.001. DEFINITIONS. In this chapter, "federal act," |
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"federal permit," "habitat conservation plan," "habitat preserve," |
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and "plan participant" have the meanings assigned by Section |
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83.011. |
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Sec. 287.002. APPLICABILITY. This chapter applies to |
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Travis County. |
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Sec. 287.003. PROHIBITION OF INCLUSION OF PARK LAND IN |
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HABITAT CONSERVATION PLAN. (a) Land dedicated for the purpose of |
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serving as a public park may not be included in a habitat preserve |
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as part of a habitat conservation plan. |
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(b) If a habitat conservation plan in effect on September 1, |
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2017, includes in a habitat preserve land that was dedicated for the |
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purpose of serving as a public park, the plan participant that owns |
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the land shall submit a request in accordance with the federal act |
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to amend the federal permit to exclude the land described by this |
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subsection. If the amendment request is granted, the plan |
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participant that owns the land must remove the land from the habitat |
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preserve and convert the land to a public park. |
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Sec. 287.004. ACQUISITION OF LAND FOR HABITAT PRESERVE. |
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(a) A plan participant may not acquire land that is not described |
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in a habitat conservation plan for use in a habitat preserve. |
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(b) A plan participant may not seek an amendment under the |
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federal act to add land to a habitat preserve once the federal |
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permit has been issued. |
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(c) A plan participant may not acquire land for use in a |
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habitat preserve after the 20th anniversary of the date on which the |
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federal permit that describes the habitat preserve was issued. |
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Sec. 287.005. REMOVAL OF CERTAIN LAND FROM HABITAT |
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CONSERVATION PLAN. (a) After the 20th anniversary of the date on |
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which a federal permit that describes a habitat preserve was |
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issued, if land described in the habitat conservation plan and |
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designated to be part of a habitat preserve has not been acquired by |
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a plan participant, the plan participants shall submit a request in |
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accordance with the federal act to amend the federal permit to |
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exclude the land described by this subsection. |
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(b) If the request described by Subsection (a) to amend the |
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federal permit is granted, not later than the 10th day after the |
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date the federal permit is amended the plan participants shall |
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notify the landowner of the land described by Subsection (a) in |
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writing that the land is no longer included in the federal permit. |
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Sec. 287.006. ANNEXATION OF CERTAIN LAND BY MUNICIPALITY. |
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Land that is removed from a federal permit under Section 287.005 may |
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not be annexed by a municipality unless the landowner consents in |
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writing to the annexation. |
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SECTION 2. This Act takes effect September 1, 2017. |