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AN ACT
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relating to the regulatory authority of counties, including |
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granting certain counties authority to regulate the cutting of |
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certain trees; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 240, Local Government |
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Code, is amended by adding Section 240.909 to read as follows: |
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Sec. 240.909. REGULATION OF TREE CUTTING IN CERTAIN |
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COUNTIES. (a) This section applies only to a county with a |
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population of 50,000 or less that borders the Gulf of Mexico and in |
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which is located at least one state park and one national wildlife |
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refuge. |
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(b) The commissioners court of a county subject to this |
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section may prohibit or restrict the clear-cutting of live oak |
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trees in the unincorporated area of the county. |
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(c) A person commits an offense if the person violates an |
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order adopted under this section and the order defines the |
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violation as an offense. An offense under this section is a Class C |
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misdemeanor punishable by a fine not to exceed $500. An offense |
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under this section is prosecuted in the same manner as an offense |
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defined under state law. |
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(d) The county attorney or an attorney representing the |
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county may file an action in district court to enjoin a violation or |
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threatened violation of an order adopted under this section. The |
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court may grant appropriate relief. |
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(e) This subchapter, or an order or zoning regulation |
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adopted under this subchapter, does not apply to the facilities or |
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operations of an electric utility as defined by Section 31.002, |
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Utilities Code, or a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2553 passed the Senate on |
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May 15, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2553 passed the House on |
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May 27, 2009, by the following vote: Yeas 130, Nays 18, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |