Bill Text: TX HB1572 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to a residential property owner's right to remove a tree or vegetation that the owner believes poses a fire risk.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB1572 Detail]

Download: Texas-2017-HB1572-Comm_Sub.html
  85R23278 JTS-F
 
  By: Workman H.B. No. 1572
 
  Substitute the following for H.B. No. 1572:
 
  By:  Oliveira C.S.H.B. No. 1572
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a residential property owner's right to remove a tree or
  vegetation that the owner believes poses a fire risk.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 240.909(b), Local Government Code, is
  amended to read as follows:
         (b)  Except as provided by Section 250.008, the [The]
  commissioners court of a county subject to this section may
  prohibit or restrict the clear-cutting of live oak trees in the
  unincorporated area of the county.
         SECTION 2.  The heading to Chapter 250, Local Government
  Code, is amended to read as follows:
  CHAPTER 250.  MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY
  [OF MUNICIPALITIES AND COUNTIES]
         SECTION 3.  Chapter 250, Local Government Code, is amended
  by adding Section 250.008 to read as follows:
         Sec. 250.008.  REMOVAL OF TREE OR VEGETATION ON RESIDENTIAL
  PROPERTY THAT POSES FIRE RISK.  (a)  Except as provided by
  Subsections (b) and (c), a municipality, county, or other political
  subdivision may not enact or enforce any ordinance, rule, or other
  regulation that restricts the ability of a residential property
  owner to remove a tree or vegetation on the owner's property that
  the owner believes poses a risk of fire to a structure on the
  property or on adjacent property, including a regulation that
  requires the owner to file an affidavit or notice before removing
  the tree or vegetation.
         (b)  This section does not prevent the enforcement of an
  ordinance, rule, or other regulation:
               (1)  on residential property being developed under a
  municipal permit; or
               (2)  that:
                     (A)  restricts the ability of a residential
  property owner to remove a tree eight inches or larger in diameter
  at four and a half feet above the natural ground, except that no
  restrictions may be made on the ability to remove, regardless of
  size:
                           (i)  a mesquite (genus Prosopis) tree;
                           (ii)  a juniper (genus Juniperus) tree;
                           (iii)  a salt cedar (genus Tamarix) tree;
                           (iv)  a hackberry (genus Celtis) tree; or
                           (v)  a plant species included on the list of
  noxious and invasive plant species published by the Department of
  Agriculture as required by Section 71.151, Agriculture Code; or
                     (B)  is designed to mitigate tree-borne diseases
  as recommended by the Texas A&M Forest Service.
         (c)  This section does not apply to a municipality whose
  extraterritorial jurisdiction is immediately adjacent to or
  includes all or part of a federal military installation in active
  use as of September 1, 2017.
         SECTION 4.  Chapter 202, Property Code, is amended by adding
  Section 202.013 to read as follows:
         Sec. 202.013.  REGULATION OF CERTAIN TREE OR VEGETATION
  REMOVAL. (a)  A property owners' association may not include or
  enforce a provision in a dedicatory instrument that restricts the
  ability of a property owner to remove a tree or vegetation on the
  owner's property that the owner believes poses a risk of fire to a
  structure on the property or on adjacent property, including a
  provision that requires the owner to file an affidavit or notice
  before removing the tree or vegetation.
         (b)  This section does not apply to:
               (1)  a provision in a dedicatory instrument designed to
  mitigate tree-borne disease as recommended by the Texas A&M Forest
  Service; or
               (2)  an area of an owner's residential property that is
  in a specified drainage or conservation easement shown on a plat
  recorded with the applicable political subdivision.
         SECTION 5.  Section 202.013, Property Code, as added by this
  Act, applies to a dedicatory instrument without regard to whether
  the dedicatory instrument takes effect or is renewed before, on, or
  after the effective date of this Act.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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