BILL ANALYSIS

H.B. 4212

By: Curry

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that Texas has a rich natural heritage, with diverse landscapes ranging from prairies and forests to wetlands and coastal ecosystems; however, rapid population growth, urban expansion, and increasing demands on natural resources have placed significant pressure on the state's land, water, and wildlife. The bill author has also informed the committee that conservation efforts in Texas have traditionally relied on a combination of state funding, private land stewardship, and nonprofit initiatives, but the lack of a dedicated, long-term funding mechanism has limited the scope and impact of these efforts. H.B. 4212 seeks to address this gap by establishing the Texas land, water, and wildlife conservation account as a permanent funding source to support conservation projects, ensuring the protection of critical habitats, sustainable land use practices, and the preservation of public recreational spaces for future generations.

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 rulemaking authority is expressly granted to the Texas land, water, and wildlife conservation board in SECTION 1 of this bill.

ANALYSIS

H.B. 4212 amends the Natural Resources Code to establish the Texas land, water, and wildlife conservation board, which is composed of the following eight members:

· the commissioner of the General Land Office (GLO);

· the executive director of the Texas Commission on Environmental Quality or the executive director's designee;

· the executive director of the Parks and Wildlife Department or the executive director's designee;

· the executive administrator of the Texas Water Development Board or the executive administrator's designee;

· the executive director of the Texas State Soil and Water Conservation Board;

· a member of the public appointed by the governor;

· a member of the public appointed by the lieutenant governor; and

· a member of the public appointed by the speaker of the house of representatives.

The bill establishes that the commissioner serves as the conservation board's presiding officer and authorizes the conservation board to select an assistant presiding officer and secretary from among its members. The bill establishes that a member of the conservation board is not entitled to compensation but is entitled to reimbursement of expenses for service on the conservation board. The bill requires the conservation board to meet at least four times each year at a time and place determined by the presiding officer. The bill authorizes the conservation board to meet at other times the presiding officer considers appropriate and authorizes the presiding officer to call a meeting on the presiding officer's own motion.

H.B. 4212 requires the conservation board to do the following:

· manage the Texas land, water, and wildlife conservation account in accordance with the agreement entered into with the GLO under the bill's provisions;

· oversee the research, recommendations, and allocation of funding for initiatives relating to habitat management, population restoration of wild game species, and beneficial land, water, and wildlife conservation practices in Texas;

· encourage interagency coordination, best practices standardization, and cost-saving measures in the management of the account and in the funding oversight;

· support research organizations and entities that advance the interests of Texas hunters and landowners and foster rural economic development;

· evaluate volunteer research initiatives related to land, water, and wildlife management and best practices; and

· submit to the legislature the biennial report required by the bill's provisions.

H.B. 4212 authorizes the conservation board's presiding officer to establish a technical advisory committee composed of individuals with professional or academic experience in a field related to the conservation board's duties. The bill requires the GLO to provide administrative support to the conservation board.

H.B. 4212 establishes the Texas land, water, and wildlife conservation account as a separate account in the general revenue fund and authorizes the account to be used only as provided by the bill's provisions. The bill establishes that the account consists of the following:

· money transferred to the account by the GLO;

· money appropriated to the account by law;

· the proceeds of fees or other sources of revenue dedicated by law for deposit to the account;

· interest and other earnings on the investment of money in the account;

· gifts, grants, or donations to the account; and

· money from other sources designated by the conservation board for deposit to the account as authorized by law.

The bill restricts the use of the account by the conservation board to the following:

· the award of a grant to an entity for a public parks or natural areas project or a natural resource conservation project as provided by the bill's provisions;

· the award of a grant to provide matching funds to an entity to participate in a federal program for a public parks or natural areas project or a natural resource conservation project as provided by the bill's provisions; or

· the payment of the necessary and reasonable expenses to administer the account, not to exceed two percent of money disbursed from the account in any given year.

The bill requires the conservation board to allocate from the interest and other earnings on the investment of money in the account amounts necessary to pay the expenses of the account's administration. The bill prohibits the account from being used to facilitate the use of eminent domain for the acquisition of real property or from being used for the acquisition or transfer of real property to be managed by the federal government. The bill requires the GLO to enter into an agreement with the conservation board for the management, operation, and financial support of the account. The agreement must establish the expectations and goals of the GLO regarding the account's management, including the transfer of any state money from the account, and standards for such management.

H.B. 4212 establishes that projects eligible for a grant awarded from the account include the following:

· a public parks or natural areas project that benefits, protects, or enhances public access in general or a recreational trail or trail easement, with "public access" defined by the bill as a land or water area for human use and enjoyment that is relatively free of man-made structures, including land and water parks owned or operated by the state or a political subdivision;

· a natural resource conservation project that benefits, protects, or enhances the following:

o farm, ranch, or forest land through a project under the Texas Farm and Ranch Lands Conservation Program or by other means, including by the following means:

§ conserving forest lands;

§ creating a conservation easement, defined by reference to Natural Resources Code provisions relating to conservation easements; or

§ creating an agricultural conservation easement, defined by reference to Parks and Wildlife Code provisions relating to the program;

o wildlife or a wildlife habitat, including acquisition of a land or conservation easement for protection of a wetland or wildlife habitat;

o a project that uses water resources for water quality and quantity, including the following:

§ aquifer recharge area protection;

§ acquisition of land or conservation easements for protection and enhancement of a water resource; and

§ dedication for 10 years or more of a water right or permit allocation to maintain or improve instream flows, spring flows, and bay and estuary inflows; and

o a restoration project that does the following:

§ prevents soil erosion, reduces loss of wildlife habitat, or restores native grassland on agricultural land;

§ restores critical wildlife habitat, maintains or enhances fish or wildlife habitat, or restores a wetland; or

§ enhances spring flow, restores a stream, river, or riparian area, or improves water quality; and

· a wildlife conservation project that does the following:

o studies the population decline of game species in Texas;

o studies the economic impact of game species populations to rural areas of Texas; or

o facilitates the long-term protection of restoration of declining game species.

H.B. 4212 restricts the award of a grant by the conservation board to a district or authority created under specified provisions of the Texas Constitution, a municipality, a county, an applicable state agency, or a nongovernmental entity. The bill requires the conservation board by rule to establish criteria for setting priorities for the projects eligible to receive grants under the bill's provisions. The criteria must include the following:

· the project's use of matching funds;

· the potential to maximize benefits in multiple eligible project areas;

· the project's long-term sustainability and benefits;

· coordination and integration with other relevant projects necessary for the project's success;

· the project's regional and eco-regional diversity; and

· the project's overall ecological benefit.

H.B. 4212 requires the conservation board to establish a grant program to provide financial assistance to eligible entities for conservation planning, application preparation, and administrative costs associated with eligible projects. The bill requires the conservation board to provide guidance to applicants for projects that are eligible under more than one funding category.

H.B. 4212 requires the conservation board to implement an application process to select eligible projects in accordance with the priority criteria established under the bill's provisions. The bill requires the conservation board to allocate the following if it receives a sufficient number of applications for eligible projects:

· 50 percent of the funding in any cycle to applicable public parks or natural areas projects; and

· 50 percent of the funding in any cycle to applicable natural resource conservation projects.

H.B. 4212 conditions the conservation board's approval of an application on the conservation board finding that the application and the assistance applied for meet the requirements of the bill's provisions and rules adopted under such provisions and that the applicant demonstrates the ability to complete the project.

H.B. 4212 requires the conservation board to adopt rules necessary to implement the bill's provisions, including rules that establish procedures for the account's administration and for an application for a project grant from the account. The bill authorizes the conservation board to adopt rules to ensure that a policy or practice of the conservation board under the bill's provisions does not prevent qualification for or the use of federal matching funds.

H.B. 4212 establishes the Texas land, water, and wildlife conservation governance committee, which is composed of the following 11 members:

· one representative appointed by each conservation board member; and

· three representatives appointed by the conservation board from nongovernmental entities who have relevant experience.

The bill requires the governance committee to assist in developing and evaluating the following:

· the application process and scoring criteria for project funding by the conservation board;

· recommendations to the conservation board; and

· other items as directed by the conservation board.

H.B. 4212 requires the conservation board, not later than September 1 of every even-numbered year, to prepare and submit to the legislature a report quantifying the benefits of projects that have received grants under the bill's provisions. The report must include the following:

· recommendations for methods to effectively conserve and restore land, water, and wildlife resources through projects eligible to receive grants under the bill's provisions; and

· a summary analysis of the potential economic impacts of such recommendations.

The bill authorizes the conservation board to use money from the account to prepare the report. The bill requires the conservation board to submit to the legislature the initial report not later than September 1, 2027.

EFFECTIVE DATE

September 1, 2025.