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AN ACT
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relating to authorizing counties to finance the acquisition of |
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conservation easements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 183, Natural Resources |
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Code, is amended by adding Section 183.006 to read as follows: |
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Sec. 183.006. COUNTY FINANCING FOR ACQUISITION OF |
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CONSERVATION EASEMENT. (a) In addition to other methods of |
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financing, including the use of the county's general fund, a county |
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may finance the acquisition of a conservation easement under this |
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chapter in the same manner as permitted for that county under: |
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(1) Section 331.004, Local Government Code, for the |
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acquisition or improvement of land, buildings, or historically |
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significant objects for park purposes or for historic or |
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prehistoric preservation purposes; or |
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(2) Section 271.045, Local Government Code, for land |
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and rights-of-way. |
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(b) A conservation easement financed under this section: |
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(1) may not be acquired by eminent domain; and |
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(2) is not subject to Section 331.007, Local |
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Government Code. |
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SECTION 2. Subdivision (8), Section 183.052, Natural |
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Resources Code, is amended to read as follows: |
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(8) "Qualified easement holder" means a holder that |
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is: |
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(A) a state agency, a county, or a municipality; |
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or |
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(B) an organization that is exempt from federal |
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income taxation under Section 501(a), Internal Revenue Code of |
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1986, as an organization described by Section 501(c)(3) of that |
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code and that is organized for the purpose of preserving |
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agriculture, open space, or natural resources. |
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SECTION 3. Subsection (b), Section 183.059, Natural |
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Resources Code, is amended to read as follows: |
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(b) To receive a grant from the fund under this subchapter, |
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an applicant who is qualified to be an easement holder under this |
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subchapter must submit an application to the council. The |
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application must: |
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(1) set out the parties' clear conservation goals |
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consistent with the program; |
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(2) include a site-specific estimate-of-value |
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appraisal by a licensed appraiser qualified to determine the market |
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value of the easement; and |
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(3) [demonstrate that the applicant is able to match
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50 percent of the amount of the grant being sought, considering that
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the council may choose to allow a donation of part of the appraised
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value of the easement to be considered as in-kind matching funds;
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and
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[(4)] include a memorandum of understanding signed by |
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the landowner and the applicant indicating intent to sell an |
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agricultural conservation easement and containing the terms of the |
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contract for the sale of the easement. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1044 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1044 passed the House on |
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May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |