TITLE: Relating to restrictions on habitat conservation plans in Travis County.

SUMMARY: Relating to restrictions on habitat conservation plans in Travis County.

FULL TEXT:
AN ACT 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.