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

Texas House Bill 7 (Prior Session Legislation)

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-Enrolled.html



	H.B. No. 7




	AN ACT


	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