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AN ACT
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relating to municipal regulation of the removal of trees on private |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 212, Local Government |
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Code, is amended by adding Section 212.905 to read as follows: |
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Sec. 212.905. REGULATION OF TREE REMOVAL. (a) In this |
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section: |
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(1) "Residential structure" means: |
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(A) a manufactured home as that term is defined |
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by Section 1201.003, Occupations Code; |
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(B) a detached one-family or two-family |
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dwelling, including the accessory structures of the dwelling; |
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(C) a multiple single-family dwelling that is not |
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more than three stories in height with a separate means of entry for |
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each dwelling, including the accessory structures of the dwelling; |
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or |
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(D) any other multifamily structure. |
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(2) "Tree mitigation fee" means a fee or charge |
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imposed by a municipality in connection with the removal of a tree |
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from private property. |
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(b) A municipality may not require a person to pay a tree |
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mitigation fee for the removed tree if the tree: |
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(1) is located on a property that is an existing |
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one-family or two-family dwelling that is the person's residence; |
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and |
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(2) is less than 10 inches in diameter at the point on |
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the trunk 4.5 feet above the ground. |
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(c) A municipality that imposes a tree mitigation fee for |
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tree removal on a person's property must allow that person to apply |
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for a credit for tree planting under this section to offset the |
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amount of the fee. |
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(d) An application for a credit under Subsection (c) must be |
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in the form and manner prescribed by the municipality. To qualify |
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for a credit under this section, a tree must be: |
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(1) planted on property: |
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(A) for which the tree mitigation fee was |
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assessed; or |
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(B) mutually agreed upon by the municipality and |
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the person; and |
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(2) at least two inches in diameter at the point on the |
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trunk 4.5 feet above ground. |
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(e) For purposes of Subsection (d)(1)(B), the municipality |
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and the person may consult with an academic organization, state |
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agency, or nonprofit organization to identify an area for which |
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tree planting will best address the science-based benefits of trees |
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and other reforestation needs of the municipality. |
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(f) The amount of a credit provided to a person under this |
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section must be applied in the same manner as the tree mitigation |
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fee assessed against the person and: |
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(1) equal to the amount of the tree mitigation fee |
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assessed against the person if the property is an existing |
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one-family or two-family dwelling that is the person's residence; |
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(2) at least 50 percent of the amount of the tree |
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mitigation fee assessed against the person if: |
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(A) the property is a residential structure or |
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pertains to the development, construction, or renovation of a |
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residential structure; and |
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(B) the person is developing, constructing, or |
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renovating the property not for use as the person's residence; or |
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(3) at least 40 percent of the amount of the tree |
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mitigation fee assessed against the person if: |
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(A) the property is not a residential structure; |
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or |
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(B) the person is constructing or intends to |
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construct a structure on the property that is not a residential |
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structure. |
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(g) As long as the municipality meets the requirement to |
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provide a person a credit under Subsection (c), this section does |
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not affect the ability of or require a municipality to determine: |
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(1) the type of trees that must be planted to receive a |
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credit under this section, except as provided by Subsection (d); |
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(2) the requirements for tree removal and |
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corresponding tree mitigation fees, if applicable; |
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(3) the requirements for tree-planting methods and |
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best management practices to ensure that the tree grows to the |
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anticipated height at maturity; or |
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(4) the amount of a tree mitigation fee. |
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(h) A municipality may not prohibit the removal of or impose |
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a tree mitigation fee for the removal of a tree that: |
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(1) is diseased or dead; or |
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(2) poses an imminent or immediate threat to persons |
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or property. |
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(i) This section does not apply to property within five |
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miles of a federal military base in active use as of December 1, |
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2017. |
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SECTION 2. The changes in law made by this Act apply only to |
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a tree mitigation fee assessed by a municipality on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect December 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 7 was passed by the House on July 28, |
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2017, by the following vote: Yeas 130, Nays 9, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 7 on August 15, 2017, by the following vote: Yeas 119, Nays 23, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 7 was passed by the Senate, with |
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amendments, on August 15, 2017, by the following vote: Yeas 17, |
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Nays 14. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |