Bill Text: TX HB4304 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to restrictions on habitat conservation plans in Travis County.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-04-04 - Referred to Culture, Recreation & Tourism [HB4304 Detail]
Download: Texas-2017-HB4304-Introduced.html
| 85R20056 SLB-F | ||
| By: Workman | H.B. No. 4304 | |
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| relating to restrictions on habitat conservation plans in Travis | ||
| County. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 7, Parks and Wildlife Code, is amended by | ||
| adding Chapter 287 to read as follows: | ||
| CHAPTER 287. TRAVIS COUNTY | ||
| Sec. 287.001. DEFINITIONS. In this chapter, "federal act," | ||
| "federal permit," "habitat conservation plan," "habitat preserve," | ||
| and "plan participant" have the meanings assigned by Section | ||
| 83.011. | ||
| Sec. 287.002. APPLICABILITY. This chapter applies to | ||
| Travis County. | ||
| Sec. 287.003. PROHIBITION OF INCLUSION OF PARK LAND IN | ||
| HABITAT CONSERVATION PLAN. (a) Land dedicated for the purpose of | ||
| serving as a public park may not be included in a habitat preserve | ||
| as part of a habitat conservation plan. | ||
| (b) If a habitat conservation plan in effect on September 1, | ||
| 2017, includes in a habitat preserve land that was dedicated for the | ||
| purpose of serving as a public park, the plan participant that owns | ||
| the land shall submit a request in accordance with the federal act | ||
| to amend the federal permit to exclude the land described by this | ||
| subsection. If the amendment request is granted, the plan | ||
| participant that owns the land must remove the land from the habitat | ||
| preserve and convert the land to a public park. | ||
| Sec. 287.004. ACQUISITION OF LAND FOR HABITAT PRESERVE. | ||
| (a) A plan participant may not acquire land that is not described | ||
| in a habitat conservation plan for use in a habitat preserve. | ||
| (b) A plan participant may not seek an amendment under the | ||
| federal act to add land to a habitat preserve once the federal | ||
| permit has been issued. | ||
| (c) A plan participant may not acquire land for use in a | ||
| habitat preserve after the 20th anniversary of the date on which the | ||
| federal permit that describes the habitat preserve was issued. | ||
| Sec. 287.005. REMOVAL OF CERTAIN LAND FROM HABITAT | ||
| CONSERVATION PLAN. (a) After the 20th anniversary of the date on | ||
| which a federal permit that describes a habitat preserve was | ||
| issued, if land described in the habitat conservation plan and | ||
| designated to be part of a habitat preserve has not been acquired by | ||
| a plan participant, the plan participants shall submit a request in | ||
| accordance with the federal act to amend the federal permit to | ||
| exclude the land described by this subsection. | ||
| (b) If the request described by Subsection (a) to amend the | ||
| federal permit is granted, not later than the 10th day after the | ||
| date the federal permit is amended the plan participants shall | ||
| notify the landowner of the land described by Subsection (a) in | ||
| writing that the land is no longer included in the federal permit. | ||
| Sec. 287.006. ANNEXATION OF CERTAIN LAND BY MUNICIPALITY. | ||
| Land that is removed from a federal permit under Section 287.005 may | ||
| not be annexed by a municipality unless the landowner consents in | ||
| writing to the annexation. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
