Bill Text: TX HB7 | 2017 | 85th Legislature 1st Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to municipal regulation of the removal of trees on private property.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2017-08-16 - Effective on . . . . . . . . . . . . . . . [HB7 Detail]

Download: Texas-2017-HB7-Comm_Sub.html
 
 
  By: Phelan, et al. (Senate Sponsor - Kolkhorst) H.B. No. 7
         (In the Senate - Received from the House July 31, 2017;
  August 1, 2017, read first time and referred to Committee on
  Business & Commerce; August 8, 2017, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 5,
  Nays 4; August 8, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 7 By:  Campbell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to municipal regulation of the removal of trees or
  vegetation on private property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 212.003(a), Local Government Code, is
  amended to read as follows:
         (a)  The governing body of a municipality by ordinance may
  extend to the extraterritorial jurisdiction of the municipality the
  application of municipal ordinances adopted under Section 212.002
  and other municipal ordinances relating to access to public roads
  or the pumping, extraction, and use of groundwater by persons other
  than retail public utilities, as defined by Section 13.002, Water
  Code, for the purpose of preventing the use of or contact with
  groundwater that presents an actual or potential threat to human
  health. However, unless otherwise authorized by state law, in its
  extraterritorial jurisdiction a municipality shall not regulate:
               (1)  the use of any building or property for business,
  industrial, residential, or other purposes;
               (2)  the bulk, height, or number of buildings
  constructed on a particular tract of land;
               (3)  the size of a building that can be constructed on a
  particular tract of land, including without limitation any
  restriction on the ratio of building floor space to the land square
  footage;
               (4)  the number of residential units that can be built
  per acre of land; [or]
               (5)  the size, type, or method of construction of a
  water or wastewater facility that can be constructed to serve a
  developed tract of land if:
                     (A)  the facility meets the minimum standards
  established for water or wastewater facilities by state and federal
  regulatory entities; and
                     (B)  the developed tract of land is:
                           (i)  located in a county with a population of
  2.8 million or more; and
                           (ii)  served by:
                                 (a)  on-site septic systems
  constructed before September 1, 2001, that fail to provide adequate
  services; or
                                 (b)  on-site water wells constructed
  before September 1, 2001, that fail to provide an adequate supply of
  safe drinking water; or
               (6)  the ability of an owner of property that has been
  platted to remove a tree or vegetation on the owner's property,
  except as necessary to mitigate tree-borne diseases as recommended
  by the Texas A&M Forest Service, including by:
                     (A)  requiring the owner to file an affidavit or
  notice before removing the tree or vegetation; or
                     (B)  imposing a tree mitigation fee.
         SECTION 2.  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 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.
         (c)  An application for a credit under Subsection (b) 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.
         (d)  For purposes of Subsection (c)(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.
         (e)  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 that
  is not occupied by the person; and
                     (B)  the person is constructing or renovating the
  residential structure for sale as a residential structure and 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.
         (f)  As long as the municipality meets the requirement to
  provide a person a credit under Subsection (b), 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 (c);
               (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, except that a
  tree mitigation fee may not exceed $400.
         (g)  A municipality may not 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.
         (h)  A municipality may not prohibit the removal of a tree
  that:
               (1)  is less than 24 inches in diameter at the point on
  the trunk 4.5 feet above the ground;
               (2)  is diseased or dead; or
               (3)  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 3.  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 4.  This Act takes effect December 1, 2017.
 
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