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By: Hall |
S.B. No. 14 |
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(In the Senate - Filed July 10, 2017; July 20, 2017, read |
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first time and referred to Committee on Business & Commerce; |
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July 24, 2017, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 3; July 24, 2017, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 14 |
By: Campbell |
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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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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) Notwithstanding Section 250.009, 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 250.009 to read as follows: |
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Sec. 250.009. REMOVAL OF TREE OR VEGETATION. (a) Except |
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as provided by Subsection (b) and Section 240.909, a municipality, |
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county, or other political subdivision may not enact or enforce any |
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ordinance, rule, or other regulation that restricts the ability of |
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a property owner of residential real property to remove a tree or |
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vegetation on the owner's property, including a regulation 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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(b) This section does not prevent the enforcement of: |
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(1) a provision in a dedicatory instrument, as defined |
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by Section 202.001, Property Code, that restricts the ability of a |
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property owner to remove a tree or vegetation on the owner's |
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property, including a bylaw, rule, or regulation of a political |
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subdivision enforcing a provision of a dedicatory instrument that |
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requires the owner to file an affidavit or notice before removing |
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the tree or vegetation; or |
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(2) an ordinance, rule, or other regulation designed |
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to mitigate tree-borne diseases as recommended by the Texas A&M |
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Forest Service. |
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SECTION 4. This Act takes effect December 1, 2017. |
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* * * * * |