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A BILL TO BE ENTITLED
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AN ACT
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relating to a property owner's right to remove a tree or vegetation |
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that the owner believes poses a fire risk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 240.909(b), Local Government Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 250.007, the [The] |
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commissioners court of a county subject to this section may |
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prohibit or restrict the clear-cutting of live oak trees in the |
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unincorporated area of the county. |
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SECTION 2. The heading to Chapter 250, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 250. MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY |
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[OF MUNICIPALITIES AND COUNTIES] |
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SECTION 3. Chapter 250, Local Government Code, is amended |
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by adding Section 250.007 to read as follows: |
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Sec. 250.007. REMOVAL OF TREE OR VEGETATION THAT POSES FIRE |
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RISK. A municipality, county, or other political subdivision may |
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not enact or enforce any ordinance, rule, or other regulation that |
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restricts the ability of a property owner to remove a tree or |
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vegetation on the owner's property that the owner believes poses a |
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risk of fire to a structure on the property or on adjacent property, |
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including a regulation that requires the owner to file an affidavit |
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or notice before removing the tree or vegetation. |
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SECTION 4. Chapter 202, Property Code, is amended by adding |
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Section 202.013 to read as follows: |
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Sec. 202.013. REGULATION OF CERTAIN TREE OR VEGETATION |
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REMOVAL. A property owners' association may not include or enforce |
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a provision in a dedicatory instrument that restricts the ability |
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of a property owner to remove a tree or vegetation on the owner's |
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property that the owner believes poses a risk of fire to a structure |
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on the property or on adjacent property, including a provision that |
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requires the owner to file an affidavit or notice before removing |
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the tree or vegetation. |
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SECTION 5. Section 202.013, Property Code, as added by this |
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Act, applies to a dedicatory instrument without regard to whether |
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the dedicatory instrument takes effect or is renewed before, on, or |
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after the effective date of this Act. |
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SECTION 6. 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, 2013. |