Bill Text: TX HB1925 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the transfer of the Texas Farm and Ranch Lands Conservation Program to the Parks and Wildlife Department.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-10 - Effective immediately [HB1925 Detail]
Download: Texas-2015-HB1925-Enrolled.html
H.B. No. 1925 |
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relating to the transfer of the Texas Farm and Ranch Lands | ||
Conservation Program to the Parks and Wildlife Department. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 183, Natural Resources | ||
Code, is transferred to Subtitle E, Title 5, Parks and Wildlife | ||
Code, redesignated as Chapter 84, Parks and Wildlife Code, and | ||
amended to read as follows: | ||
CHAPTER 84 [ |
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PROGRAM | ||
Sec. 84.001 [ |
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established under this chapter [ |
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facilitate the purchase and donation of agricultural conservation | ||
easements. | ||
Sec. 84.002 [ |
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[ |
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(1) "Agricultural conservation easement" means a | ||
conservation easement in qualified land that is designed to | ||
accomplish one or more of the following additional purposes: | ||
(A) conserving water quality or quantity; | ||
(B) conserving native wildlife species through | ||
protection of their habitat; | ||
(C) conserving rare or sensitive plant species; | ||
or | ||
(D) conserving large tracts of qualified | ||
open-space land that are threatened with fragmentation or | ||
development. | ||
(2) "Conservation easement" has the meaning assigned | ||
by Section 183.001, Natural Resources Code [ |
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(3) "Council" means the Texas Farm and Ranch Lands | ||
Conservation Council established under Section 84.011 [ |
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(4) "Fund" means the Texas farm and ranch lands | ||
conservation fund established under Section 84.008 [ |
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(5) "Holder" has the meaning assigned by Section | ||
183.001, Natural Resources Code [ |
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(6) "Program" means the Texas farm and ranch lands | ||
conservation program established under this chapter [ |
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(7) "Purchase of agricultural conservation easement" | ||
means the purchase from a willing seller of an agricultural | ||
conservation easement. | ||
(8) "Qualified easement holder" means a holder that | ||
is: | ||
(A) a state agency, a county, or a municipality; | ||
or | ||
(B) an organization that is exempt from federal | ||
income taxation under Section 501(a), Internal Revenue Code of | ||
1986, as an organization described by Section 501(c)(3) of that | ||
code and that is organized for the purpose of preserving | ||
agriculture, open space, or natural resources. | ||
(9) "Qualified land" means qualified open-space land, | ||
as that term is defined by Section 23.51, Tax Code. | ||
Sec. 84.003 [ |
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lands conservation program is established as a program of the | ||
department [ |
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assistance to be provided by the fund for the purchase of | ||
agricultural conservation easements. | ||
Sec. 84.004 [ |
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EASEMENT. (a) An agricultural conservation easement under this | ||
chapter [ |
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(b) The owner of qualified land and a potential purchaser of | ||
an agricultural conservation easement should consider and | ||
negotiate easement terms, including the following considerations: | ||
(1) whether the landowner will receive a lump sum or | ||
annual payments; | ||
(2) whether the term of the easement shall be | ||
perpetual or for a term of 30 years; | ||
(3) whether a term easement is renewable; | ||
(4) whether the landowner retains limited development | ||
rights; and | ||
(5) the purchase price of the easement. | ||
(c) An agricultural conservation easement may not be | ||
assigned to or enforced by a third party without the express written | ||
consent of the landowner. | ||
Sec. 84.005 [ |
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time after an agricultural conservation easement is acquired with a | ||
grant awarded under this chapter [ |
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request that the council terminate the easement as provided by | ||
Subsection (b) on the ground that the landowner is unable to meet | ||
the conservation goals as described by Section 84.002(1) | ||
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statement of impossibility. | ||
(b) On receipt of the request for termination, the council | ||
shall notify the qualified easement holder and conduct an inquiry. | ||
Not later than the 180th day after the date the council receives the | ||
request, the council shall notify the parties of the decision to | ||
grant or deny the request for termination. Either party may appeal | ||
the decision in district court not later than the 45th day after the | ||
date of the notification. | ||
Sec. 84.006 [ |
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this section: | ||
(1) "Agricultural value" means the price as of the | ||
appraisal date a buyer willing, but not obligated, to buy would pay | ||
for a farm or ranch unit with land comparable in quality and | ||
composition to the subject property, but located in the nearest | ||
location where profitable farming or ranching is feasible. | ||
(2) "Fair market value" means the price as of the | ||
appraisal date that a buyer willing, but not obligated, to buy would | ||
pay for the land at its best and most beneficial use under any | ||
obtainable development zoning category. | ||
(b) If a request for termination of an agricultural | ||
conservation easement is granted under Section 84.005 [ |
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the director [ |
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market value and the agricultural value of the property subject to | ||
the easement. The landowner shall bear the cost of the appraisal. | ||
(c) Not later than the 180th day after the date of the | ||
appraisal under Subsection (b), the landowner must pay to the | ||
qualified easement holder an amount equal to the difference between | ||
the fair market value and the agricultural value. The qualified | ||
easement holder shall pay to the fund any amounts received under | ||
this subsection, not to exceed the amount paid by the fund for | ||
purchase of the easement. | ||
(d) Not later than the 30th day after the date of payment by | ||
the landowner under Subsection (c), the qualified easement holder | ||
shall terminate the easement. | ||
(e) If the request for termination is denied or if the | ||
landowner fails to make the payment required by Subsection (c) in | ||
the time required by that subsection, the landowner may not submit | ||
another request for termination of the easement before the fifth | ||
anniversary of the date of the last request. | ||
Sec. 84.007 [ |
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(a) A department or agency of this state, a county, a municipality, | ||
another political subdivision, or a public utility may not approve | ||
any program or project that requires the use or taking through | ||
eminent domain of private land encumbered by an agricultural | ||
conservation easement purchased under this chapter [ |
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unless the governmental entity or public utility acting through its | ||
governing body or officers determines that: | ||
(1) there is no feasible and prudent alternative to | ||
the use or taking of the land; and | ||
(2) the program or project includes all reasonable | ||
planning to minimize harm to the land resulting from the use or | ||
taking. | ||
(b) A determination required by Subsection (a) may be made | ||
only at a properly noticed public hearing. | ||
(c) The governing body or officers of the governmental | ||
entity or public utility may consider clearly enunciated local | ||
preferences, and the provisions of this chapter [ |
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constitute a mandatory prohibition against the use of the area if | ||
the determinations required by Subsection (a) are made. | ||
(d) If, after making the determination required by | ||
Subsection (a), a department or agency of this state, a county, a | ||
municipality, another political subdivision, or a public utility | ||
acquires by eminent domain a fee simple interest in land encumbered | ||
by an agricultural conservation easement purchased under this | ||
chapter [ |
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(1) the easement on the condemned property terminates; | ||
and | ||
(2) the entity exercising the power of eminent domain | ||
shall: | ||
(A) pay for an appraisal of the fair market | ||
value, as that term is defined by Section 84.006 [ |
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property subject to condemnation; | ||
(B) pay to the qualified easement holder an | ||
amount equal to the amount paid by the holder for the portion of the | ||
easement affecting the property to be condemned; | ||
(C) pay to the landowner an amount equal to the | ||
fair market value of the condemned property less the amount paid to | ||
the qualified easement holder under Paragraph (B); and | ||
(D) pay to the landowner and the qualified | ||
easement holder any additional damages to their interests in the | ||
remaining property, as determined by the special commissioners | ||
under Section 21.042, Property Code. | ||
(e) If, after making the determination required by | ||
Subsection (a), a department or agency of this state, a county, a | ||
municipality, another political subdivision, or a public utility | ||
acquires by eminent domain an interest other than a fee simple | ||
interest in land encumbered by an agricultural conservation | ||
easement purchased under this chapter [ |
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(1) the entity exercising the power of eminent domain | ||
shall pay for an appraisal of the fair market value, as that term is | ||
defined by Section 84.006 [ |
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condemnation; and | ||
(2) the special commissioners shall consider the fair | ||
market value as the value of the property for purposes of assessing | ||
damages under Section 21.042, Property Code. | ||
(f) The qualified easement holder shall pay to the fund any | ||
amounts received under Subsections (d) and (e), not to exceed the | ||
amount paid by the fund for the purchase of the easement. | ||
Sec. 84.008 [ |
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CONSERVATION FUND. (a) The Texas farm and ranch lands conservation | ||
fund is an account in the general revenue fund that may be | ||
appropriated only to the department [ |
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provided by Subsection (b). The fund may not be used for grants to | ||
purchase or acquire any right or interest in property by eminent | ||
domain. The fund consists of: | ||
(1) money appropriated by the legislature to the fund; | ||
(2) public or private grants, gifts, donations, or | ||
contributions; | ||
(3) funds from any other source, including proceeds | ||
from the sale of bonds, state or federal mitigation funds, or funds | ||
from any local, state, or federal program; | ||
(4) proceeds of the sale of real property not required | ||
for the management of real property under Section 31.065(d), | ||
Natural Resources Code; and | ||
(5) proceeds of the sale of real property under | ||
Section 31.066(d), Natural Resources Code. | ||
(b) The fund may be used only: | ||
(1) to award grants to qualified easement holders for | ||
the purchase of agricultural conservation easements; | ||
(2) to pay transaction costs related to the purchase | ||
of agricultural conservation easements, which may include | ||
reimbursement of appraisal costs; and | ||
(3) to pay associated administrative costs of the | ||
department [ |
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the fund. | ||
Sec. 84.009 [ |
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council may: | ||
(1) adopt rules necessary to perform program duties | ||
under this chapter [ |
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(2) request, accept, and use gifts, loans, donations, | ||
aid, appropriations, guaranties, subsidies, grants, or | ||
contributions of any item of value for the furtherance of any | ||
purposes of this chapter [ |
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(3) establish, charge, and collect fees, charges, and | ||
penalties in connection with the programs, services, and activities | ||
provided for by this chapter [ |
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(4) make, enter into, and enforce contracts and | ||
agreements, and take other actions as may accomplish any of the | ||
purposes of this chapter [ |
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(5) seek ways to coordinate and leverage public and | ||
private sources of funding; | ||
(6) adopt best practices and enforcement standards for | ||
the evaluation of easements purchased through grants from the fund; | ||
(7) establish a protocol for the purchase of | ||
agricultural conservation easements and for the distribution of | ||
funds to approved applicants; | ||
(8) administer grants awarded to successful | ||
applicants; | ||
(9) ensure that agricultural conservation easements | ||
purchased under this chapter [ |
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the preservation of open space and the conservation of wildlife | ||
habitat or water; and | ||
(10) approve the termination of easements and take any | ||
other action necessary to further the goals of the program. | ||
(b) To receive a grant from the fund under this chapter | ||
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holder under this chapter [ |
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to the council. The application must: | ||
(1) set out the parties' clear conservation goals | ||
consistent with the program; | ||
(2) include a site-specific estimate-of-value | ||
appraisal by a licensed appraiser qualified to determine the market | ||
value of the easement; and | ||
(3) include a memorandum of understanding signed by | ||
the landowner and the applicant indicating intent to sell an | ||
agricultural conservation easement and containing the terms of the | ||
contract for the sale of the easement. | ||
(c) For the purposes of determining the amount of a grant | ||
under this chapter [ |
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conservation easement shall be determined by a site-specific | ||
estimate-of-value appraisal performed by a licensed, qualified | ||
appraiser. | ||
Sec. 84.010 [ |
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council shall: | ||
(1) give priority to applications that protect | ||
agricultural lands that are susceptible to development, including | ||
subdivision and fragmentation; and | ||
(2) adopt a scoring process to be used in evaluating | ||
applications that considers the following: | ||
(A) [ |
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integrity to conserve water and natural resources; | ||
(B) [ |
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animal species, including habitats for endangered, threatened, | ||
rare, or sensitive species; | ||
(C) [ |
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to the program with additional public or private money; | ||
(D) [ |
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other protected lands; | ||
(E) [ |
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whether perpetual or for a term of 30 years; and | ||
(F) [ |
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both parties and approved by the council. | ||
Sec. 84.011 [ |
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CONSERVATION COUNCIL. (a) The Texas Farm and Ranch Lands | ||
Conservation Council is established to advise and assist the | ||
director [ |
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select applicants to receive grants under this chapter [ |
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using the criteria adopted by the council under Section 84.010 | ||
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(1) six members appointed by the governor as follows: | ||
(A) two members [ |
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(B) one member who is the designated | ||
representative of an agricultural banking or lending organization | ||
and who has significant experience lending for farms and ranches or | ||
lands encumbered by conservation easements; | ||
(C) two members who are the designated | ||
representatives of a statewide agricultural organization in | ||
existence in this state for not less than 10 years; and | ||
(D) one member who is a designated representative | ||
of a statewide nonprofit organization that represents land trusts | ||
operating in this state; and | ||
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(2) six [ |
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(A) the executive director of the State Soil and | ||
Water Conservation Board [ |
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(B) the commissioner of agriculture or the | ||
commissioner's designee; | ||
(C) the chair of the Texas Water Development | ||
Board, or the chair's designee [ |
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(D) the state conservationist of the Natural | ||
Resources Conservation Service of the United States Department of | ||
Agriculture or a designee of that person, who serves as a nonvoting | ||
member; | ||
(E) the presiding officer of the commission or | ||
the presiding officer's designee, who must be a member of the | ||
commission; and | ||
(F) the executive director of the Texas A&M | ||
Institute of Renewable Natural Resources. | ||
(b) Appointed members of the council serve staggered terms | ||
of six years, with two of the members' terms expiring February 1 of | ||
each odd-numbered year. | ||
(c) Appointments to and removal from the council shall be | ||
made by the governor without regard to the race, color, disability, | ||
sex, religion, age, or national origin of the appointees. | ||
(d) The presiding officer of the commission or the presiding | ||
officer's [ |
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as the presiding officer of the council. The presiding officer of | ||
the commission may appoint, at that person's discretion, the | ||
executive director of the department or another member of the | ||
commission to serve as the presiding officer of the council. The | ||
presiding officer of the council [ |
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the members of the council an assistant presiding officer of the | ||
council to serve in that capacity at the will of the presiding | ||
officer of the council [ |
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its appointed members other officers as the council considers | ||
necessary. | ||
(e) A member of the council is not entitled to compensation | ||
for service on the council but is entitled to reimbursement of the | ||
necessary and reasonable travel expenses incurred by the member | ||
while conducting the business of the council, as provided for state | ||
employees by the General Appropriations Act. | ||
(f) The council shall meet not less than once each year. | ||
(g) A person may not be appointed as a council member if the | ||
person or the person's spouse: | ||
(1) is employed by or participates in the management | ||
of a business entity or other organization receiving money under | ||
the program; | ||
(2) owns or controls, directly or indirectly, more | ||
than a 10 percent interest in a business entity or other | ||
organization receiving money under the program; or | ||
(3) uses or receives a substantial amount of tangible | ||
goods, services, or money under the program other than | ||
reimbursement authorized by law for travel expenses as described by | ||
Subsection (e). | ||
(h) In this subsection, "Texas trade association" means a | ||
cooperative and voluntarily joined statewide association of | ||
business or professional competitors in this state designed to | ||
assist its members and its industry or profession in dealing with | ||
mutual business or professional problems and in promoting their | ||
common interest. A person may not be an appointed member of the | ||
council if: | ||
(1) the person is an officer, employee, or paid | ||
consultant of a Texas trade association for an occupation or | ||
profession with an interest in land conservation that is related to | ||
the occupation or profession; or | ||
(2) the person's spouse is an officer, manager, or paid | ||
consultant of a Texas trade association for an occupation or | ||
profession with an interest in land conservation that is related to | ||
that occupation or profession. | ||
(i) A person may not be an appointed member of the council or | ||
act as the general counsel to the council if the person is required | ||
to register as a lobbyist under Chapter 305, Government Code, | ||
because of the person's activities for compensation on behalf of an | ||
occupation or profession with an interest in land conservation that | ||
is related to that occupation or profession. | ||
(j) It is a ground for removal from the council if a member: | ||
(1) is ineligible for membership under this section; | ||
(2) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term; or | ||
(3) is absent from more than half of the regularly | ||
scheduled council meetings that the member is eligible to attend | ||
during a calendar year without an excuse approved by a majority vote | ||
of the council. | ||
(k) The validity of an action of the council is not affected | ||
by the fact that it is taken when a ground for removal of a | ||
participating council member exists. | ||
(l) If the presiding officer of the council has knowledge | ||
that a potential ground for removal exists, the presiding officer | ||
of the council shall notify the director [ |
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governor that a potential ground for removal exists. | ||
(m) The presiding officer of the council or that person's | ||
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the department [ |
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council information regarding a member's responsibilities under | ||
applicable laws relating to standards of conduct for state | ||
officers. | ||
(n) A person who is appointed to and qualifies for office as | ||
a member of the council may not vote, deliberate, or be counted as a | ||
member in attendance at a meeting of the council until the person | ||
completes a training program that complies with this section. The | ||
training program must provide the person with information | ||
regarding: | ||
(1) the legislation that created the council; | ||
(2) the program to be administered under this chapter | ||
[ |
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(3) the role and functions of the council; | ||
(4) the rules of the council, with an emphasis on the | ||
rules that relate to disciplinary and investigatory authority; | ||
(5) the current budget for the council; | ||
(6) the results of the most recent formal audit of the | ||
council; | ||
(7) the requirements of: | ||
(A) the open meetings law, Chapter 551, | ||
Government Code; | ||
(B) the public information law, Chapter 552, | ||
Government Code; | ||
(C) the administrative procedure law, Chapter | ||
2001, Government Code; and | ||
(D) other laws relating to public officials, | ||
including conflict-of-interest laws; and | ||
(8) any applicable policies adopted by the council or | ||
the Texas Ethics Commission. | ||
(o) A person appointed to the council is entitled to | ||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program | ||
regardless of whether the attendance at the training program occurs | ||
before or after the person qualifies for office. | ||
Sec. 84.012 [ |
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agricultural conservation easement under this chapter [ |
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does not affect the eligibility of the property subject to the | ||
easement for appraisal for ad valorem tax purposes under Subchapter | ||
D, Chapter 23, Tax Code. | ||
Sec. 84.013 [ |
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TRANSPORTATION. Not later than the 10th day after the date of a | ||
closing of a purchase of an easement under this chapter | ||
[ |
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Department of Transportation a legal description of the property | ||
subject to the easement and shall include with the description the | ||
date the closing occurred. | ||
SECTION 2. Section 31.065(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) If real property acquired by grant, gift, devise, or | ||
bequest is not held as part of the permanent school fund or | ||
possessed, administered, or used by a particular state agency, | ||
board, commission, department, or other particular state entity, | ||
the commissioner may manage that real property or sell or exchange | ||
the real property under terms and conditions the commissioner | ||
determines to be in the best interest of the state. Real property | ||
sold under this subsection must be sold in accordance with Section | ||
31.158. Proceeds of the sale that are not required for the | ||
management of real property under this subsection shall be | ||
deposited in the Texas farm and ranch lands conservation fund | ||
established under Chapter 84, Parks and Wildlife Code [ |
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property acquired under this subsection may be dedicated by the | ||
commissioner to any state agency, board, commission, or department, | ||
a political subdivision or other governmental entity of this state, | ||
or the federal government, for the benefit and use of the public in | ||
exchange for nonmonetary consideration, if the commissioner | ||
determines that the exchange is in the best interest of the state. | ||
SECTION 3. Section 31.066(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) The commissioner may sell any title or interest acquired | ||
by the state under this section in accordance with Section | ||
31.158. Proceeds of the sale shall be deposited in the Texas farm | ||
and ranch lands conservation fund established under Chapter 84, | ||
Parks and Wildlife Code [ |
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SECTION 4. (a) Not later than November 1, 2015, the | ||
governor shall make the appointments described by Section 84.011, | ||
Parks and Wildlife Code, as amended by this Act. | ||
(b) Not later than November 1, 2015, the General Land Office | ||
and the Parks and Wildlife Department shall enter into a memorandum | ||
of understanding relating to the transfer of the administration of | ||
the Texas Farm and Ranch Lands Conservation Program from the | ||
General Land Office to the Parks and Wildlife Department. The | ||
memorandum of understanding must include a timetable and specific | ||
steps and methods for the transfer on January 1, 2016, of all | ||
powers, duties, obligations, rights, contracts, leases, records, | ||
real or personal property, personnel, and unspent and unobligated | ||
appropriations and other funds relating to the administration of | ||
the Texas Farm and Ranch Lands Conservation Program from the | ||
General Land Office to the Parks and Wildlife Department. | ||
(c) On January 1, 2016, the following are transferred to the | ||
Parks and Wildlife Department: | ||
(1) all powers, duties, obligations, and liabilities | ||
of the General Land Office relating to the administration of the | ||
Texas Farm and Ranch Lands Conservation Program; | ||
(2) all unobligated and unexpended funds appropriated | ||
to the General Land Office designated for the purpose of the | ||
administration of the Texas Farm and Ranch Lands Conservation | ||
Program; | ||
(3) all equipment and property of the General Land | ||
Office used for the administration of the Texas Farm and Ranch Lands | ||
Conservation Program; | ||
(4) all personnel, as described by the memorandum of | ||
understanding entered into under Subsection (b) of this section; | ||
and | ||
(5) all files and other records of the General Land | ||
Office kept by the office regarding the Texas Farm and Ranch Lands | ||
Conservation Program. | ||
(d) Before January 1, 2016, the General Land Office may | ||
agree with the Parks and Wildlife Department to transfer any | ||
property of the General Land Office to the Parks and Wildlife | ||
Department to implement the transfer required by this Act. | ||
(e) In the period beginning on the effective date of this | ||
Act and ending on January 1, 2016, the General Land Office shall | ||
continue to perform functions and activities under Subchapter B, | ||
Chapter 183, Natural Resources Code, as if that subchapter had not | ||
been transferred, redesignated, and amended by this Act, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1925 was passed by the House on April | ||
17, 2015, by the following vote: Yeas 141, Nays 1, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1925 on May 20, 2015, by the following vote: Yeas 143, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1925 was passed by the Senate, with | ||
amendments, on May 18, 2015, by the following vote: Yeas 29, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |