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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership and local regulation of trees and timber. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Natural Resources Code, is amended by |
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adding Chapter 154 to read as follows: |
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CHAPTER 154. OWNERSHIP AND LOCAL REGULATION OF TREES AND TIMBER |
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Sec. 154.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means a political |
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subdivision of the state, including: |
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(A) a municipality; and |
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(B) a county. |
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(2) "Mature tree" means a tree greater than 10 inches |
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in girth measured 4-1/2 feet above the natural grade. |
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(3) "Mitigation fee" means a fee assessed by a |
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governmental entity for the removal of a tree. |
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(4) "Removal of a tree" means the harvesting, cutting, |
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or destruction of a tree, including the damaging of a tree in a way |
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that will cause the death of the tree on or before the first |
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anniversary of the date of the damage, as determined by a |
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governmental entity. |
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(5) "Replacement tree" means a tree of not less than |
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three inches in girth measured 4-1/2 feet above the natural grade |
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that is planted to replace a tree removed from a landowner's land. |
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Sec. 154.002. OWNERSHIP OF TREES AND TIMBER. A landowner |
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owns all trees and timber located on the landowner's land as real |
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property until cut or otherwise removed from the land, unless |
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otherwise provided by a contract, bill of sale, deed, mortgage, |
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deed of trust, or other legally binding document. |
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Sec. 154.003. LOCAL REGULATION OF TREES AND TIMBER. (a) A |
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governmental entity may not prohibit a landowner from trimming or |
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removing trees or timber located on the landowner's land. |
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(b) A governmental entity may, if authorized by other state |
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law and subject to the limitations of that law, assess a mitigation |
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fee against a landowner for the removal of a mature tree on the |
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landowner's land. A mitigation fee: |
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(1) must be proportional to the value of the mature |
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tree removed; |
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(2) may not exceed $100 per inch of girth of the mature |
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tree removed measured at 4-1/2 feet above the natural grade; and |
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(3) may be used only in the jurisdiction in which the |
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fee is collected and only for the purpose of tree planting and other |
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related activities. |
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(c) A landowner is entitled to plant a replacement tree at |
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the landowner's expense instead of paying a mitigation fee. A |
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landowner who chooses to plant a replacement tree is not required to |
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plant a number of replacement trees whose total girth is greater |
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than the total girth of all the mature trees to which the mitigation |
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fee would have applied. |
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(d) Notwithstanding any other law, a municipality may not |
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regulate the trimming or removal of trees or timber in the |
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extraterritorial jurisdiction of the municipality. |
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(e) Subsection (d) does not apply to a municipality whose |
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extraterritorial jurisdiction is adjacent to or includes all or |
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part of a federal military base in active use as of September 1, |
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2013. |
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(f) This section does not affect the authority of a county |
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to regulate the cutting of trees under Section 240.909, Local |
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Government Code. |
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SECTION 2. This Act takes effect September 1, 2013. |