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A BILL TO BE ENTITLED
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AN ACT
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relating to endangered species habitat conservation and to the |
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creation of a committee to oversee and guide the state's |
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coordinated response to federal actions regarding endangered |
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species. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 83.005(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) In this section, "conservation agreement" includes an |
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agreement between [the state or] a political subdivision of the |
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state and the United States Department of the Interior under the |
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federal act that does not relate to a federal permit as defined by |
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Section 83.011. |
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SECTION 2. Section 83.011, Parks and Wildlife Code, is |
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amended by adding Subdivisions (1-a), (1-b), and (13) and amending |
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Subdivision (4) to read as follows: |
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(1-a) "Candidate conservation plan" means a plan to |
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implement actions necessary for the conservation of one or more |
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candidate species or species likely to become a candidate species |
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in the near future. |
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(1-b) "Candidate species" means a species identified by |
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the United States Department of the Interior as appropriate for |
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listing as threatened or endangered. |
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(4) "Federal permit" means a permit issued under |
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[Section 7 or 10(a) of] the federal act, including Section 7 or |
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10(a) of the federal act. |
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(13) "Response committee" means the Coordinated State |
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Endangered Species Response Committee established under Subchapter |
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D. |
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SECTION 3. The heading to Section 83.013, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 83.013. AUTHORITY OF [DEPARTMENT OR] POLITICAL |
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SUBDIVISION. |
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SECTION 4. Sections 83.013(a) and (b), Parks and Wildlife |
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Code, are amended to read as follows: |
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(a) A [The department or a] political subdivision may |
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participate in the study and preparation for and creation of a |
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habitat conservation plan. |
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(b) Subject to this subchapter, [the department or] a |
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political subdivision may participate in the study and preparation |
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for and creation of a regional habitat conservation plan. |
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SECTION 5. Chapter 83, Parks and Wildlife Code, is amended |
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by adding Subchapters C and D to read as follows: |
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SUBCHAPTER C. HABITAT CONSERVATION BY THE DEPARTMENT |
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Sec. 83.051. DEPARTMENT AND STATE AGENCY AUTHORITY. (a) |
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The department may: |
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(1) apply for and hold a federal permit issued in |
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connection with a habitat conservation plan, candidate |
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conservation plan, or similar plan, authorized or required by |
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federal law in connection with a candidate species or endangered |
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species, that is developed or coordinated by the department; or |
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(2) enter into an agreement with the United States |
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Department of the Interior or other federal agency in connection |
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with a habitat conservation plan, candidate conservation plan, or |
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similar plan authorized or required by federal law in connection |
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with a candidate species or endangered species. |
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(b) A state agency may: |
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(1) apply for or hold a federal permit issued in |
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connection with a habitat conservation plan, candidate |
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conservation plan, or similar plan authorized or required by |
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federal law in connection with a candidate species or endangered |
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species; or |
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(2) enter into an agreement with the United States |
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Department of the Interior or other federal agency in connection |
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with a habitat conservation plan, candidate conservation plan, or |
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similar plan authorized or required by federal law in connection |
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with a candidate species or endangered species. |
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(c) An agency that takes an action described by Subsection |
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(b) must: |
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(1) cooperate with the department; and |
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(2) enter into an interagency contract that may |
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provide for the payment of funds held by the department, or funds to |
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which the department has access, for purposes of carrying out the |
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action. |
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Sec. 83.052. PUBLIC NOTICE AND INPUT. (a) Before engaging |
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in an activity authorized by Section 83.051, the department or |
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state agency shall: |
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(1) provide public notice; and |
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(2) solicit and consider comments from: |
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(A) members of the task force on economic growth |
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and endangered species created under Section 490E.003, Government |
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Code; |
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(B) affected landowners; |
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(C) conservation interests; and |
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(D) business interests affected by the activity. |
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(b) The public notice required by this section may be made |
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by: |
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(1) publication in the Texas Register; |
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(2) posting on the department's Internet website; |
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(3) written correspondence; |
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(4) announcement at a public meeting; or |
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(5) any means likely to ensure actual notice. |
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(c) The department or state agency may create advisory |
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committees to assist the department or state agency in carrying out |
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an activity authorized by Section 83.051. The membership of an |
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advisory committee created under this subsection must be appointed |
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so that one-third of the members are representatives of affected |
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landowners or property owners. |
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(c-1) The composition of an advisory committee created |
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under Subsection (c) must provide the balance necessary to address |
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economic, environmental, and policy issues related to the specific |
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issue or action under consideration. |
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(d) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of an advisory committee created |
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under this section. |
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Sec. 83.053. HABITAT PROTECTION RESEARCH FUND. (a) The |
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habitat protection research fund is held by the comptroller outside |
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the treasury and consists of money appropriated to the fund, |
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interest earned on the investment of money in the fund, and gifts |
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and grants made to the fund. |
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(b) Money in the habitat protection research fund may be |
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used only to: |
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(1) provide grants to institutions for research into |
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candidate species and endangered species; |
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(2) employ research personnel dedicated to research |
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described by Subdivision (1); and |
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(3) fund capital expenditures necessary to conduct |
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research described by Subdivision (1). |
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(c) Research grants described by Subsection (b) shall be |
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awarded by the state agency. |
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SUBCHAPTER D. COORDINATED STATE ENDANGERED SPECIES RESPONSE |
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COMMITTEE |
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Sec. 83.101. COMMITTEE COMPOSITION. The Coordinated State |
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Endangered Species Response Committee is composed of the following |
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members or their designees: |
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(1) the commissioner of the Department of Agriculture; |
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(2) the commissioner of the General Land Office; |
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(3) the chair of the Railroad Commission of Texas; |
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(4) the comptroller; |
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(5) the executive director of the Parks and Wildlife |
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Department; and |
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(6) the executive director of the Texas Economic |
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Development and Tourism Office. |
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Sec. 83.102. PRESIDING OFFICER; SUPPORT STAFF. (a) The |
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position of chair of the response committee rotates among the |
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members specified in Section 83.101 regardless of who occupies the |
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named office at the time of the rotation. The position of chair |
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rotates every two years in the order listed in Section 83.101, |
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beginning with the commissioner of the Department of Agriculture. |
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(b) The chair, with the consent of other committee members, |
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shall: |
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(1) select the location of meetings of the response |
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committee; and |
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(2) set the agenda for meetings of the response |
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committee. |
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(c) Agency staff of the chair of the response committee |
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shall provide support for the committee. |
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Sec. 83.103. MEETINGS. (a) The response committee shall |
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meet at least monthly. Notice of meetings must be posted, and |
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meetings must be open to the public. |
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(b) Information regarding the meetings of the response |
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committee shall be posted on a website maintained by the |
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comptroller that contains information about the economic impact of |
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federal action on endangered species. |
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(c) The response committee may not meet or make a decision |
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unless a quorum is present. |
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(d) Notwithstanding Section 402.045, Government Code, the |
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attorney general, at the request of the response committee, shall |
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provide legal advice to the response committee. |
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Sec. 83.104. DUTIES OF RESPONSE COMMITTEE. The response |
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committee shall: |
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(1) oversee and guide the state's: |
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(A) coordinated response to listings and |
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potential listings of endangered species in this state; and |
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(B) comments and positions in response to actions |
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of the United States Fish and Wildlife Service; and |
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(2) select the holder of a federal permit issued in |
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connection with a habitat conservation plan, candidate |
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conservation plan, or similar plan, authorized or required by |
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federal law in connection with a candidate species or endangered |
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species. |
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Sec. 83.105. RULES. The response committee may adopt rules |
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as necessary to implement administrative procedures of the response |
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committee. |
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Sec. 83.106. REPORT. Not later than December 1 of each |
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even-numbered year, the response committee shall submit to the |
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governor, lieutenant governor, and speaker of the house of |
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representatives and to the appropriate committees in each chamber |
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of the legislature a report containing: |
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(1) the response committee's findings and |
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recommendations; |
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(2) proposed legislation necessary to implement the |
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purposes of the response committee; |
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(3) a summary of the response committee's activities; |
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and |
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(4) any administrative recommendations proposed by |
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the response committee. |
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SECTION 6. Section 403.452, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (e) to read |
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as follows: |
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(a) To promote compliance with federal law protecting |
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endangered species and candidate species in a manner consistent |
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with this state's economic development and fiscal stability, the |
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comptroller may: |
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(1) [develop or coordinate the development of a
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habitat conservation plan or candidate conservation plan;
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[(2) apply for and] hold a federal permit issued in |
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connection with a [habitat conservation plan or] candidate |
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conservation plan developed by the comptroller or the development |
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of which is coordinated by the comptroller; |
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(2) [(3)
enter into an agreement for the
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implementation of a candidate conservation plan with the United
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States Department of the Interior or assist another entity in
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entering into such an agreement;
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[(4)] establish the habitat protection fund, to be |
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held by the comptroller outside the treasury, to be used to [support
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the development or coordination of the development of a habitat
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conservation plan or a candidate conservation plan, or to] pay the |
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costs of monitoring or administering the implementation of [such] a |
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candidate conservation plan; |
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(3) [(5)] impose or provide for the imposition of [a
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mitigation fee in connection with a habitat conservation plan or] |
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such fees as are necessary or advisable for a candidate |
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conservation plan developed by the comptroller or the development |
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of which is coordinated by the comptroller; and |
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(4) [(6)] implement, monitor, or support the |
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implementation of a [habitat conservation plan or] candidate |
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conservation plan developed by the comptroller or the development |
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of which is coordinated by the comptroller. |
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(c) The legislature finds that expenditures described by |
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Subsection (a)(2) [(a)(4)] serve public purposes, including |
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economic development in this state. |
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(e) The authority of the comptroller to enter into an |
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agreement with the United States Department of the Interior for the |
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implementation of a candidate conservation plan expires September |
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1, 2013. |
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SECTION 7. Section 403.453(a), Government Code, is amended |
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to read as follows: |
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(a) Upon consideration of the factors identified in |
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Subsection (b), the comptroller may designate one of the following |
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agencies to undertake the functions identified in Section |
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403.452(a)(3) or (4) [403.452(a)(1), (2), (3), (5), or (6)]: |
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(1) the Department of Agriculture; |
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(2) the Parks and Wildlife Department; |
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(3) the Texas Department of Transportation; |
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(4) the State Soil and Water Conservation Board; or |
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(5) any agency receiving funds through Article VI |
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(Natural Resources) of the 2012-2013 appropriations bill. |
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SECTION 8. Section 490E.004(a), Government Code, is amended |
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to read as follows: |
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(a) The task force may[:
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[(1)] assess the economic impact on the state of |
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federal, state, or local regulations relating to endangered |
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species[;
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[(2)
assist landowners and other persons in this state
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to identify, evaluate, and implement cost-efficient strategies for
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mitigation of impacts to and recovery of endangered species that
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will promote economic growth and development in this state; and
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[(3)
facilitate state and local governmental efforts
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to effectively implement endangered species regulations in a
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cost-efficient manner]. |
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SECTION 9. The following provisions of the Government Code |
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are repealed: |
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(1) Section 490E.001; |
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(2) Section 490E.004(b); |
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(3) Section 490E.005; and |
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(4) Section 490E.006. |
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SECTION 10. The changes in law made by Section 83.051(b), |
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Parks and Wildlife Code, as added by this Act, apply only to a |
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federal permit issued, an application for a federal permit |
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submitted, or a conservation agreement entered into on or after the |
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effective date of this Act. A federal permit issued, an application |
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for a federal permit submitted, or a conservation agreement entered |
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into before the effective date of this Act is governed by the law in |
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effect at the time the action was taken, and the former law is |
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continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2013. |