By: Curry, González of El Paso, Barry, H.B. No. 4212

Garcia of Bexar, Bell of Kaufman, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the establishment, administration, and use of the Texas land, water, and wildlife conservation account.

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

SECTION 1. Chapter 31, Natural Resources Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. TEXAS LAND, WATER, AND WILDLIFE CONSERVATION ACCOUNT

Sec. 31.201. DEFINITIONS. In this subchapter:

(1) "Account" means the Texas land, water, and wildlife conservation account.

(2) "Agricultural conservation easement" has the meaning assigned by Section 84.002, Parks and Wildlife Code.

(3) "Conservation board" means the Texas land, water, and wildlife conservation board.

(4) "Conservation easement" has the meaning assigned by Section 183.001, Natural Resources Code.

(5) "Public access" means a land or water area for human use and enjoyment that is relatively free of man-made structures and includes land and water parks owned or operated by the state or a political subdivision.

Sec. 31.202. TEXAS LAND, WATER, AND WILDLIFE CONSERVATION BOARD. (a) The Texas land, water, and wildlife conservation board is composed of eight members as follows:

(1) the commissioner;

(2) the executive director of the Texas Commission on Environmental Quality or the executive director's designee;

(3) the executive director of the Parks and Wildlife Department or the executive director's designee;

(4) the executive administrator of the Texas Water Development Board or the executive administrator's designee;

(5) the executive director of the State Soil and Water Conservation Board;

(6) a member of the public appointed by the governor;

(7) a member of the public appointed by the lieutenant governor; and

(8) a member of the public appointed by the speaker of the house of representatives.

(b) The commissioner serves as the presiding officer of the conservation board. The conservation board may select an assistant presiding officer and secretary from among its members.

(c) A member of the conservation board is not entitled to compensation but is entitled to reimbursement of expenses for service on the conservation board.

(d) The conservation board shall meet at least four times each year at a time and place determined by the presiding officer.

(e) The conservation board may meet at other times the presiding officer considers appropriate. The presiding officer may call a meeting on the presiding officer's own motion.

Sec. 31.203. DUTIES OF CONSERVATION BOARD. The conservation board shall:

(1) manage the account in accordance with the agreement entered into with the land office under Section 31.205(g);

(2) oversee the research, recommendations, and allocation of funding for initiatives relating to habitat management, population restoration of wild game species, litter prevention and reduction, and beneficial land, water, and wildlife conservation practices in this state;

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

(4) encourage interagency coordination, best practices standardization, and cost-saving measures in the activities described by Subdivisions (1) and (2);

(5) evaluate volunteer research initiatives related to land, water, and wildlife management and best practices; and

(6) submit to the legislature the report described by Section 31.212.

Sec. 31.204. TECHNICAL ADVISORY COMMITTEE. The presiding officer of the conservation board may establish a technical advisory committee composed of individuals with professional or academic experience in a field related to the conservation board's duties.

Sec. 31.205. TEXAS LAND, WATER, AND WILDLIFE CONSERVATION ACCOUNT. (a) The Texas land, water, and wildlife conservation account is a separate account in the general revenue fund.

(b) The account may be used only as provided by this subchapter.

(c) The account consists of:

(1) money transferred to the account by the land office;

(2) money appropriated to the account by law;

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

(4) interest and other earnings on the investment of money in the account;

(5) gifts, grants, or donations to the account; and

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

(d) The conservation board may use the account only to:

(1) award a grant to an entity for a public parks or natural areas project or a natural resource conservation project as provided by Section 31.206;

(2) award 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 Section 31.206; or

(3) pay the necessary and reasonable expenses to administer the account, not to exceed two percent of money disbursed from the account in any given year.

(e) The conservation board shall allocate from money in the account described by Subsection (c)(4) amounts necessary to pay the expenses of administering the account.

(f) The account may not be used:

(1) to facilitate the use of eminent domain for the acquisition of real property; or

(2) for the acquisition or transfer of real property to be managed by the federal government.

(g) The land office shall enter into an agreement with the conservation board for the management, operation, and financial support of the account. The agreement must establish:

(1) the expectations and goals of the land office regarding the management of the account, including the transfer of any state money from the account; and

(2) standards for the management of the account.

(h) Once the account balance is greater than $1 million, the conservation board shall assess the staffing needs of the conservation board.

Sec. 31.206. ELIGIBLE PROJECTS AND PERSONS ELIGIBLE FOR GRANT; PRIORITY. (a) Projects eligible for a grant awarded from the account include:

(1) a public parks or natural areas project that benefits, protects, or enhances:

(A) public access in general; or

(B) a recreational trail or trail easement;

(2) a natural resource conservation project that benefits, protects, or enhances:

(A) farm, ranch, or forest land through a project under Chapter 84, Parks and Wildlife Code, or by other means, including by:

(i) creating a conservation easement or an agricultural conservation easement; or

(ii) conserving forest lands;

(B) wildlife or a wildlife habitat, including acquisition of a land or conservation easement for protection of a wetland or wildlife habitat;

(C) a project that uses water resources for water quality and quantity, including:

(i) aquifer recharge area protection;

(ii) acquisition of land or conservation easements for protection and enhancement of a water resource; and

(iii) 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

(D) a restoration project that:

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

(ii) restores critical wildlife habitat, maintains or enhances fish or wildlife habitat, or restores a wetland; or

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

(3) a wildlife conservation project that:

(A) studies the population decline of game species in the state;

(B) studies the economic impact of game species populations to rural areas of the state; or

(C) facilitates the long-term protection of restoration of declining game species.

(b) The conservation board may award a grant under this subchapter only to a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a municipality, a county, a state agency, or a nongovernmental entity.

(c) The conservation board by rule shall establish criteria for setting priorities for the projects eligible to receive grants under this subchapter. The criteria must include:

(1) the project's use of matching funds;

(2) the potential to maximize benefits in multiple eligible project areas;

(3) the long-term sustainability and benefits of the project;

(4) coordination and integration with other relevant projects necessary for the success of the project;

(5) the regional and eco-regional diversity of the project; and

(6) the overall ecological benefit of the project.

Sec. 31.207. APPLICATION PREPARATION ASSISTANCE. (a) The conservation board shall establish a grant program to provide financial assistance to eligible entities for conservation planning, application preparation, and administrative costs associated with eligible projects described by Section 31.206.

(b) The conservation board shall provide guidance to applicants for projects that are eligible under more than one funding category.

Sec. 31.208. FUNDING DETERMINATIONS; APPLICATION PROCESS. (a) The conservation board shall implement an application process to select eligible projects in accordance with the priority criteria established under Section 31.206(c).

(b) If the conservation board receives a sufficient number of applications for eligible projects, the conservation board shall allocate:

(1) 50 percent of the funding in any cycle to public parks or natural areas projects as described by Section 31.206(a)(1); and

(2) 50 percent of the funding in any cycle to natural resource conservation projects as described by Section 31.206(a)(2).

Sec. 31.209. APPROVAL OF APPLICATIONS. The conservation board may approve an application only if the conservation board finds that:

(1) the application and the assistance applied for meet the requirements of this subchapter and rules adopted under this subchapter; and

(2) the applicant demonstrates the ability to complete the project.

Sec. 31.210. RULES. (a) The conservation board shall adopt rules necessary to implement this subchapter, including rules that establish procedures for:

(1) the administration of the account; and

(2) an application for a project grant from the account.

(b) The conservation board may adopt rules to ensure that a policy or practice of the conservation board under this subchapter does not prevent qualification for or the use of federal matching funds.

Sec. 31.211. TEXAS LAND, WATER, AND WILDLIFE CONSERVATION GOVERNANCE COMMITTEE. (a) The Texas land, water, and wildlife conservation governance committee is composed of the following 11 members:

(1) one representative appointed by each board member specified by Sections 31.202(a)(1)-(8); and

(2) three representatives appointed by the conservation board from nongovernmental entities who have relevant experience.

(b) The governance committee shall assist in developing and evaluating:

(1) the application process and scoring criteria for project funding by the conservation board;

(2) recommendations to the conservation board; and

(3) other items as directed by the conservation board.

Sec. 31.212. MONITORING AND REPORTING. (a) Not later than September 1 of every even-numbered year, the conservation board shall prepare and submit to the legislature a report quantifying the benefits of projects that have received grants under this subchapter. The report must include:

(1) recommendations for methods to effectively conserve and restore land, water, and wildlife resources through projects eligible to receive grants under this subchapter; and

(2) a summary analysis of the potential economic impacts of the recommendations made under Subdivision (1).

(b) The conservation board may use money from the account to prepare the report required by this section.

SECTION 2. The Texas land, water, and wildlife conservation board shall submit to the legislature the initial report required by Section 31.212, Natural Resources Code, as added by this Act, not later than September 1, 2027.

SECTION 3. This Act takes effect September 1, 2025.