(a) Upon consideration of the factors identified in Subsection (b), the comptroller may designate one of the following agencies to undertake the functions identified in § 403.452(a)(1), (2), (3), (5), or (6):
(1) the Department of Agriculture;
(2) the Parks and Wildlife Department;
(3) the Texas Department of Transportation;
(4) the State Soil and Water Conservation Board; or
(5) any agency receiving funds through Article VI (Natural Resources) of the 2012-2013 appropriations bill.
(b) In designating an agency pursuant to Subsection (a), the comptroller shall consider the following factors:
(1) the economic sectors impacted by the species of interest that will be included in the habitat conservation plan or candidate conservation plan;
(2) the identified threats to the species of interest; and
(3) the location of the species of interest.

(c) The comptroller may enter into a memorandum of understanding or an interagency contract with any of the agencies listed in this section to implement this subchapter and to provide for the use of the habitat protection fund.