Bill Text: TX HB7 | 2017 | 85th Legislature 1st Special Session | Enrolled
Bill Title: Relating to municipal regulation of the removal of trees on private property.
Sponsorship: Partisan Bill (Republican 7)
Status: (Passed) 2017-08-16 - Effective on . . . . . . . . . . . . . . . [HB7 Detail]
Download: Texas-2017-HB7-Enrolled.html
| H.B. No. 7 | ||
|
|
||
| relating to municipal regulation of the removal of trees on private | ||
| property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 212, Local Government | ||
| Code, is amended by adding Section 212.905 to read as follows: | ||
| Sec. 212.905. REGULATION OF TREE REMOVAL. (a) In this | ||
| section: | ||
| (1) "Residential structure" means: | ||
| (A) a manufactured home as that term is defined | ||
| by Section 1201.003, Occupations Code; | ||
| (B) a detached one-family or two-family | ||
| dwelling, including the accessory structures of the dwelling; | ||
| (C) a multiple single-family dwelling that is not | ||
| more than three stories in height with a separate means of entry for | ||
| each dwelling, including the accessory structures of the dwelling; | ||
| or | ||
| (D) any other multifamily structure. | ||
| (2) "Tree mitigation fee" means a fee or charge | ||
| imposed by a municipality in connection with the removal of a tree | ||
| from private property. | ||
| (b) A municipality may not require a person to pay a tree | ||
| mitigation fee for the removed tree if the tree: | ||
| (1) is located on a property that is an existing | ||
| one-family or two-family dwelling that is the person's residence; | ||
| and | ||
| (2) is less than 10 inches in diameter at the point on | ||
| the trunk 4.5 feet above the ground. | ||
| (c) A municipality that imposes a tree mitigation fee for | ||
| tree removal on a person's property must allow that person to apply | ||
| for a credit for tree planting under this section to offset the | ||
| amount of the fee. | ||
| (d) An application for a credit under Subsection (c) must be | ||
| in the form and manner prescribed by the municipality. To qualify | ||
| for a credit under this section, a tree must be: | ||
| (1) planted on property: | ||
| (A) for which the tree mitigation fee was | ||
| assessed; or | ||
| (B) mutually agreed upon by the municipality and | ||
| the person; and | ||
| (2) at least two inches in diameter at the point on the | ||
| trunk 4.5 feet above ground. | ||
| (e) For purposes of Subsection (d)(1)(B), the municipality | ||
| and the person may consult with an academic organization, state | ||
| agency, or nonprofit organization to identify an area for which | ||
| tree planting will best address the science-based benefits of trees | ||
| and other reforestation needs of the municipality. | ||
| (f) The amount of a credit provided to a person under this | ||
| section must be applied in the same manner as the tree mitigation | ||
| fee assessed against the person and: | ||
| (1) equal to the amount of the tree mitigation fee | ||
| assessed against the person if the property is an existing | ||
| one-family or two-family dwelling that is the person's residence; | ||
| (2) at least 50 percent of the amount of the tree | ||
| mitigation fee assessed against the person if: | ||
| (A) the property is a residential structure or | ||
| pertains to the development, construction, or renovation of a | ||
| residential structure; and | ||
| (B) the person is developing, constructing, or | ||
| renovating the property not for use as the person's residence; or | ||
| (3) at least 40 percent of the amount of the tree | ||
| mitigation fee assessed against the person if: | ||
| (A) the property is not a residential structure; | ||
| or | ||
| (B) the person is constructing or intends to | ||
| construct a structure on the property that is not a residential | ||
| structure. | ||
| (g) As long as the municipality meets the requirement to | ||
| provide a person a credit under Subsection (c), this section does | ||
| not affect the ability of or require a municipality to determine: | ||
| (1) the type of trees that must be planted to receive a | ||
| credit under this section, except as provided by Subsection (d); | ||
| (2) the requirements for tree removal and | ||
| corresponding tree mitigation fees, if applicable; | ||
| (3) the requirements for tree-planting methods and | ||
| best management practices to ensure that the tree grows to the | ||
| anticipated height at maturity; or | ||
| (4) the amount of a tree mitigation fee. | ||
| (h) A municipality may not prohibit the removal of or impose | ||
| a tree mitigation fee for the removal of a tree that: | ||
| (1) is diseased or dead; or | ||
| (2) poses an imminent or immediate threat to persons | ||
| or property. | ||
| (i) This section does not apply to property within five | ||
| miles of a federal military base in active use as of December 1, | ||
| 2017. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a tree mitigation fee assessed by a municipality on or after the | ||
| effective date of this Act. | ||
| SECTION 3. This Act takes effect December 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 7 was passed by the House on July 28, | ||
| 2017, by the following vote: Yeas 130, Nays 9, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 7 on August 15, 2017, by the following vote: Yeas 119, Nays 23, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 7 was passed by the Senate, with | ||
| amendments, on August 15, 2017, by the following vote: Yeas 17, | ||
| Nays 14. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
