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AN ACT
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relating to the creation of an interagency task force on economic |
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growth and endangered species; providing information and direction |
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regarding endangered species issues in certain areas of the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 490E to read as follows: |
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CHAPTER 490E. TASK FORCE ON ECONOMIC GROWTH AND ENDANGERED SPECIES |
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Sec. 490E.001. PURPOSE. The purpose of this chapter is to |
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establish a mechanism for state agencies to provide policy and |
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technical assistance regarding compliance with endangered species |
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laws and regulations to local and regional governmental entities |
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and their communities engaged in economic development activities so |
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that compliance with endangered species laws and regulations is as |
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effective and cost efficient as possible. |
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Sec. 490E.002. DEFINITIONS. In this chapter: |
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(1) "Endangered species" has the meaning assigned by |
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Section 68.002, Parks and Wildlife Code. |
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(2) "Task force" means the interagency task force on |
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economic growth and endangered species created under this chapter. |
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Sec. 490E.003. CREATION. (a) The task force on economic |
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growth and endangered species is created and is composed of: |
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(1) the comptroller; |
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(2) the commissioner of agriculture; |
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(3) the executive director of the Parks and Wildlife |
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Department; |
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(4) the executive director of the Texas Department of |
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Transportation; and |
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(5) the executive director of the State Soil and Water |
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Conservation Board. |
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(b) The comptroller is the presiding officer of the task |
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force. |
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(c) The task force shall meet as often as necessary to |
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fulfill its duties under this chapter. |
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(d) New members may be added to the task force by the |
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unanimous consent of the existing members. |
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(e) A member of the task force may designate another person |
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to act on the member's behalf. |
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Sec. 490E.004. FUNCTIONS AND DUTIES. (a) The task force |
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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 to |
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effectively implement endangered species regulations in a |
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cost-efficient manner. |
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(b) If requested by a local government or a state official, |
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the task force may review state and local governmental efforts to |
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address endangered species issues and provide recommendations to |
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make those efforts more cost effective. The task force shall |
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consider all available options as part of its recommendations. The |
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options considered must include: |
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(1) fee simple acquisition of land; |
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(2) conservation easements; |
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(3) use of land owned by local governments or this |
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state; |
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(4) recovery crediting; and |
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(5) all relevant federal programs. |
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Sec. 490E.005. ADVISORY COMMITTEES. (a) With the advice |
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of the task force, the comptroller may create advisory committees |
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to assist the task force with its work. Of the members of an |
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advisory committee: |
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(1) one-third must be representatives of affected |
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landowners; |
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(2) one-third must be representatives of conservation |
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interests; and |
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(3) one-third must be representatives of |
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municipalities or other affected jurisdictions. |
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(b) The composition of an advisory committee must provide |
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the balance necessary to address economic, environmental, and |
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policy issues related to the specific issue or action under |
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consideration. |
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(c) The comptroller shall designate one member of an |
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advisory committee as interim presiding officer for the purpose of |
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calling and conducting the initial meeting of the committee. |
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(d) An advisory committee shall: |
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(1) at its initial meeting, select a presiding officer |
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from among its members for the purpose of conducting meetings; |
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(2) conduct meetings as necessary to perform the |
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business of the advisory committee; and |
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(3) provide recommendations to the task force as |
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requested by the task force. |
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(e) Chapter 2110 does not apply to the size, composition, or |
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duration of an advisory committee created under this section. |
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Sec. 490E.006. COORDINATION WITH OTHER ENTITIES. (a) The |
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task force shall work in coordination with the United States Fish |
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and Wildlife Service, institutions of higher education, and |
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agriculture and conservation organizations in performing its |
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functions and duties. |
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(b) The Texas A&M University System shall, within its |
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expertise: |
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(1) assist in the analysis of biological and economic |
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impacts of proposed actions; and |
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(2) direct programs recommended by the task force. |
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Sec. 490E.007. REPORTS. The task force may provide reports |
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as needed on: |
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(1) innovative programs to address endangered species |
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issues while promoting economic growth; |
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(2) the activities of the task force; and |
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(3) recommendations for future programs or |
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legislation. |
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Sec. 490E.008. ADMINISTRATIVE SUPPORT. The comptroller's |
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office shall provide administrative support to the task force. |
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SECTION 2. (a) In this section: |
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(1) "Endangered Species Act" means the federal |
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Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.). |
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(2) "Task force" has the meaning assigned by Section |
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490E.002, Government Code, as added by this Act. |
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(b) Not later than the 30th day after the effective date of |
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this Act, the comptroller of public accounts shall create an |
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advisory committee to assist the task force in identifying |
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cost-efficient and effective recommendations for economic |
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development and Endangered Species Act compliance in the Camp |
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Bullis area in Bexar County. |
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(c) Not later than October 31, 2009, the task force, with |
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input from the advisory committee created under Subsection (b) of |
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this section, shall provide a recommendation on a specific, |
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coordinated program of work to assist Camp Bullis in accomplishing |
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its training missions in a manner consistent with applicable |
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endangered species regulations and programs. |
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(d) Not later than January 15, 2011, the task force shall |
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provide a report to the legislature on the activities of the task |
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force and the status of efforts to mitigate harm to and efforts |
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toward recovery of endangered species at Camp Bullis. |
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(e) The advisory committee created under this section is |
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abolished on the completion of its duties as determined by the task |
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force. |
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SECTION 3. This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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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, 2009. |
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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. 2534 passed the Senate on |
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May 7, 2009, 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. 2534 passed the House on |
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May 26, 2009, by the following vote: Yeas 143, Nays 2, 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 |