BILL ANALYSIS

C.S.H.B. 4018

By: Ashby

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Texas has the potential to promote the conservation of state-owned lands while also encouraging carbon sequestration efforts. C.S.H.B. 4018 seeks to facilitate this by allowing the Parks and Wildlife Department (TPWD) to enter into agreements with public or private entities for the purposes of carbon sequestration using nature-based solutions or similar ecosystem services projects on TPWD lands. Funds generated through these agreements would be deposited into specific accounts based on the use of the land where the project that generated the money is located.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4018 amends the Parks and Wildlife Code to authorize the Parks and Wildlife Department (TPWD) to enter into an agreement with a public or private entity for the purpose of developing a nature-based carbon sequestration or similar ecosystem services project on TPWD land. The bill requires TPWD to deposit money received from a project to the credit of the game, fish, and water safety account, if the project is located on land primarily used for game or fish conservation, protection, or management and to the credit of the state parks account, if the project is located on land primarily used for parks, recreation, or historic sites.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4018 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both versions provide for TPWD's authority to enter into an agreement with a private entity for the purpose of carbon sequestration using nature-based solutions on TPWD land, but the substitute also authorizes an agreement to be made for the purpose of a similar ecosystem services project and authorizes an agreement with a public entity. The substitute does not include a provision from the introduced that conditioned TPWD's authority to enter into an agreement on a determination that multiple use is the best utilization of the land's resources.

Both versions provide for TPWD to deposit money generated through projects under those agreements to the game, fish, and water safety account. However, the introduced restricted the use of such money to the conservation of the lands generating carbon credits, and the substitute requires such money to be deposited to the state parks account, in addition to the game, fish, and water safety account, and allocates money to either account based on the use of the land where the project that generated the money is located.