HB4212 - Relating to the establishment, administration, and use of the Texas land, water, and wildlife conservation account.

      By: Curry, González of El Paso, Barry, H.B. No. 4212       Garcia of Bexar, Bell of Kaufman, et al.     A BILL TO BE ENTITLED   AN ACT   relating to the establishment, administration, and use of the Texas   land, water, and wildlife conservation account.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 31, Natural Resources Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. TEXAS LAND, WATER, AND WILDLIFE CONSERVATION ACCOUNT           Sec. 31.201.  DEFINITIONS. In this subchapter:                 (1)     "Account" means the Texas land, water, and   wildlife conservation account.                 (2)     "Agricultural conservation easement" has the   meaning assigned by Section 84.002, Parks and Wildlife Code.                 (3)     "Conservation board" means the Texas land, water,   and wildlife conservation board.                 (4)     "Conservation easement" has the meaning assigned   by Section 183.001, Natural Resources Code.                 (5)     "Public access" means a land or water area for   human use and enjoyment that is relatively free of man-made   structures and includes land and water parks owned or operated by   the state or a political subdivision.           Sec.   31.202.     TEXAS LAND, WATER, AND WILDLIFE CONSERVATION   BOARD. (a) The Texas land, water, and wildlife conservation board   is composed of eight members as follows:                 (1)  the commissioner;                 (2)     the executive director of the Texas Commission on   Environmental Quality or the executive director's designee;                 (3)     the executive director of the Parks and Wildlife   Department or the executive director's designee;                 (4)     the executive administrator of the Texas Water   Development Board or the executive administrator's designee;                 (5)     the executive director of the State Soil and Water   Conservation Board;                 (6)  a member of the public appointed by the governor;                 (7)     a member of the public appointed by the lieutenant   governor; and                 (8)     a member of the public appointed by the speaker of   the house of representatives.           (b)     The commissioner serves as the presiding officer of the   conservation board. The conservation board may select an assistant   presiding officer and secretary from among its members.           (c)     A member of the conservation board is not entitled to   compensation but is entitled to reimbursement of expenses for   service on the conservation board.           (d)     The conservation board shall meet at least four times   each year at a time and place determined by the presiding officer.           (e)     The conservation board may meet at other times the   presiding officer considers appropriate. The presiding officer may   call a meeting on the presiding officer's own motion.           Sec.   31.203.     DUTIES OF CONSERVATION BOARD.   The   conservation board shall:                 (1)     manage the account in accordance with the   agreement entered into with the land office under Section   31.205(g);                   (2)     oversee the research, recommendations, and   allocation of funding for initiatives relating to habitat   management, population restoration of wild game species, litter   prevention and reduction, and beneficial land, water, and wildlife   conservation practices in this state;                   (3)     support research organizations and entities that   advance the interests of Texas hunters and landowners and foster   rural economic development;                   (4)     encourage interagency coordination, best   practices standardization, and cost-saving measures in the   activities described by Subdivisions (1) and (2);                   (5)     evaluate volunteer research initiatives related   to land, water, and wildlife management and best practices; and                 (6)     submit to the legislature the report described by   Section 31.212.           Sec.   31.204.     TECHNICAL ADVISORY COMMITTEE.   The presiding   officer of the conservation board may establish a technical   advisory committee composed of individuals with professional or   academic experience in a field related to the conservation board's   duties.           Sec.   31.205.     TEXAS LAND, WATER, AND WILDLIFE CONSERVATION   ACCOUNT. (a) The Texas land, water, and wildlife conservation   account is a separate account in the general revenue fund.           (b)     The account may be used only as provided by this   subchapter.           (c)  The account consists of:                 (1)     money transferred to the account by the land   office;                 (2)  money appropriated to the account by law;                 (3)     the proceeds of fees or other sources of revenue   dedicated by law for deposit to the account;                 (4)     interest and other earnings on the investment of   money in the account;                 (5)  gifts, grants, or donations to the account; and                 (6)     money from other sources designated by the   conservation board for deposit to the account as authorized by law.           (d)  The conservation board may use the account only to:                 (1)     award a grant to an entity for a public parks or   natural areas project or a natural resource conservation project as   provided by Section 31.206;                 (2)     award a grant to provide matching funds to an   entity to participate in a federal program for a public parks or   natural areas project or a natural resource conservation project as   provided by Section 31.206; or                 (3)     pay the necessary and reasonable expenses to   administer the account, not to exceed two percent of money   disbursed from the account in any given year.           (e)     The conservation board shall allocate from money in the   account described by Subsection (c)(4) amounts necessary to pay the   expenses of administering the account.           (f)  The account may not be used:                 (1)     to facilitate the use of eminent domain for the   acquisition of real property; or                 (2)     for the acquisition or transfer of real property   to be managed by the federal government.           (g)     The land office shall enter into an agreement with the   conservation board for the management, operation, and financial   support of the account. The agreement must establish:                 (1)     the expectations and goals of the land office   regarding the management of the account, including the transfer of   any state money from the account; and                 (2)  standards for the management of the account.           (h)     Once the account balance is greater than $1 million, the   conservation board shall assess the staffing needs of the   conservation board.           Sec.   31.206.     ELIGIBLE PROJECTS AND PERSONS ELIGIBLE FOR   GRANT; PRIORITY. (a) Projects eligible for a grant awarded from   the account include:                 (1)     a public parks or natural areas project that   benefits, protects, or enhances:                       (A)  public access in general; or                       (B)  a recreational trail or trail easement;                 (2)     a natural resource conservation project that   benefits, protects, or enhances:                       (A)     farm, ranch, or forest land through a project   under Chapter 84, Parks and Wildlife Code, or by other means,   including by:                             (i)     creating a conservation easement or an   agricultural conservation easement; or                             (ii)  conserving forest lands;                       (B)     wildlife or a wildlife habitat, including   acquisition of a land or conservation easement for protection of a   wetland or wildlife habitat;                       (C)     a project that uses water resources for water   quality and quantity, including:                             (i)  aquifer recharge area protection;                             (ii)     acquisition of land or conservation   easements for protection and enhancement of a water resource; and                             (iii)     dedication for 10 years or more of a   water right or permit allocation to maintain or improve instream   flows, spring flows, and bay and estuary inflows; and                       (D)  a restoration project that:                             (i)     prevents soil erosion, reduces loss of   wildlife habitat, or restores native grassland on agricultural   land;                             (ii)     restores critical wildlife habitat,   maintains or enhances fish or wildlife habitat, or restores a   wetland; or                             (iii)     enhances spring flow, restores a   stream, river, or riparian area, or improves water quality; and        &# [Text truncated for display. 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