BILL ANALYSIS |
C.S.H.B. 3509 |
By: Bonnen, Dennis |
State Affairs |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Concerned parties have noted that the number of potential endangered species listings has risen significantly and that Texas will have to quickly evaluate more than 100 species and respond to those listings. The parties point out that the timeline for the listing process is approximately two years, but it may be rushed, extended, or ignored at the determination of the applicable federal agency. In an effort to address these concerns and streamline the state's response to the federal Endangered Species Act of 1973, C.S.H.B. 3509 seeks to update and modernize applicable state law and to clarify state agency roles.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Coordinated State Endangered Species Response Committee in SECTION 5 of this bill.
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ANALYSIS
C.S.H.B. 3509 amends the Parks and Wildlife Code to authorize the Parks and Wildlife Department (TPWD) to apply for and hold a federal permit issued in connection with a habitat conservation plan, candidate conservation plan, or similar plan, authorized or required by federal law in connection with a candidate species or endangered species, that is developed or coordinated by TPWD or to enter into an agreement with the U.S. Department of the Interior or other federal agency in connection with a habitat conservation plan, candidate conservation plan, or similar plan authorized or required by federal law in connection with a candidate species or endangered species.
C.S.H.B. 3509 prohibits a state agency, other than an institution of higher education, unless authorized by TPWD, from applying for or holding a federal permit issued in connection with a habitat conservation plan, candidate conservation plan, or similar plan authorized or required by federal law in connection with a candidate species or endangered species or from entering into an agreement with the U.S. Department of the Interior or other federal agency in connection with a habitat conservation plan, candidate conservation plan, or similar plan authorized or required by federal law in connection with a candidate species or endangered species. The bill requires such an authorization to be documented by an interagency contract that may provide for the payment of funds held by TPWD, or funds to which TPWD has access, for the purposes of carrying out the habitat protection activity described in the authorization.
C.S.H.B. 3509 sets out provisions relating to public notice and input required before engaging in an authorized habitation conservation activity and requires TPWD to solicit and consider comments from specified parties before engaging in such activity. The bill authorizes TPWD to create advisory committees to assist in carrying out such activity. The bill makes statutory provisions relating to state agency advisory committees inapplicable to the size, composition, or duration of such an advisory committee.
C.S.H.B. 3509 establishes that the habitat protection research fund is held by the comptroller of public accounts outside the treasury and consists of money appropriated to the fund, interest earned on the investment of money in the fund, and gifts and grants made to the fund. The bill limits the use of money in the habitat protection research fund to providing grants to institutions for research into candidate species and endangered species, employing research personnel at TPWD dedicated to such research, and funding capital expenditures by TPWD necessary to conduct such research. The bill requires such research grants to be awarded by TPWD.
C.S.H.B. 3509 creates the Coordinated State Endangered Species Response Committee composed of the attorney general, the commissioner of the Department of Agriculture, the commissioner of the General Land Office, the chair of the Railroad Commission of Texas, the comptroller, and the executive directors of TPWD and the Texas Economic Development and Tourism Office; establishes that the committee chair is a rotating position; and sets out provisions relating to committee meetings and support staff, meeting notices, and the specified Internet website posting of information regarding committee meetings. The bill requires the committee to oversee and guide the state's coordinated response to listings and potential listings of endangered species in Texas, including overseeing and guiding the state's official comments and positions in response to actions of the U.S. Fish and Wildlife Service. The bill authorizes the committee to adopt rules as necessary to implement administrative procedures of the committee and establishes the committee's reporting requirements.
C.S.H.B. 3509 amends the Government Code to remove provisions relating to the comptroller's authority to develop or coordinate the development of a habitat conservation plan or candidate conservation plan and to apply for a federal permit issued in connection with such plans and sets a September 1, 2013, expiration date on the comptroller's authority to enter into an agreement with the U.S. Department of the Interior for the implementation of a candidate conservation plan. The bill repeals provisions relating to the purpose of the task force on economic growth and endangered species, the authority of the task force to review state and local governmental efforts to address endangered species issues and make related recommendations, the comptroller's authority to create advisory committees to assist the task force, and coordination by the task force with other entities in performing its functions and duties.
C.S.H.B. 3509, in a provision setting out the functions and duties of the task force on economic growth and endangered species, removes a provision authorizing the task force to assist landowners and other persons in Texas to identify, evaluate, and implement cost-efficient strategies for mitigation of impacts to and recovery of endangered species that will promote economic growth and development in Texas and removes a provision authorizing the task force to facilitate state and local governmental efforts to effectively implement endangered species regulations in a cost-efficient manner. The bill repeals a provision establishing the purpose of the task force on economic growth and endangered species; a provision authorizing the task force to review, on request, state and local governmental efforts to address endangered species issues and provide recommendations to make those efforts more cost effective; a provision requiring the task force to work in coordination with the U.S. Fish and Wildlife Service, institutions of higher education, and agriculture and conservation organizations in performing its functions and duties; and a provision requiring The Texas A&M University System to assist in the analysis of certain impacts of proposed actions and to direct programs recommended by the task force.
C.S.H.B. 3509 repeals the following provisions of the Government Code: · Section 490E.001 · Section 490E.004(b) · Section 490E.005 · Section 490E.006
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
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