Bill Text: TX SB107 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-07-24 - Filed [SB107 Detail]

Download: Texas-2017-SB107-Introduced.html
  85S10931 SLB-D
 
  By: Kolkhorst S.B. No. 107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a tree planting credit to offset tree mitigation fees
  imposed by a municipality.
         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.  TREE MITIGATION FEE CREDIT FOR PLANTED TREES.
  (a)  A municipality that imposes a tree mitigation fee for tree
  removal that is necessary for development or construction 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.
         (b)  An application for a credit under Subsection (a) 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.
         (c)  For purposes of Subsection (b)(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.
         (d)  The amount of a credit provided to a person under this
  section must be:
               (1)  applied in the same manner as the tree mitigation
  fee assessed against the person; and
               (2)  at least 50 percent of the amount of the tree
  mitigation fee assessed against the person.
         (e)  As long as the municipality meets the requirement to
  provide a person a credit under Subsection (a), this section does
  not affect the ability of or require a municipality to determine:
               (1)  the size, number, and type of trees that must be
  planted to receive a credit under this section, except as provided
  by Subsection (b);
               (2)  the requirements for tree removal and
  corresponding tree mitigation fees, if applicable; or
               (3)  the requirements for tree planting methods and
  best management practices to ensure that the tree grows to the
  anticipated height at maturity.
         (f)  This section does not apply to property within five
  miles of a federal military base in active use as of September 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 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 December 1, 2017.
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