Bill Text: TX SB14 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to a property owner's right to remove a tree or vegetation.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2017-07-27 - Received from the Senate [SB14 Detail]
Download: Texas-2017-SB14-Engrossed.html
By: Hall, et al. | S.B. No. 14 |
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relating to a property owner's right to remove a tree or vegetation. | ||
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) Notwithstanding Section 250.009, the [ |
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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 | ||
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SECTION 3. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.009 to read as follows: | ||
Sec. 250.009. REMOVAL OF TREE OR VEGETATION. (a) Except | ||
as provided by Subsection (b) and Section 240.909, a municipality, | ||
county, or other political subdivision may not enact or enforce any | ||
ordinance, rule, or other regulation that restricts the ability of | ||
a property owner of residential real property to remove a tree or | ||
vegetation on the owner's 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 adoption or | ||
enforcement by a municipality, county, or other political | ||
subdivision of: | ||
(1) a provision in a dedicatory instrument, as defined | ||
by Section 202.001, Property Code, or restriction, as defined by | ||
Section 212.152 of this code, that restricts the ability of a | ||
property owner to remove a tree or vegetation on the owner's | ||
property, including a standard, bylaw, rule, or regulation | ||
enforcing a provision of a dedicatory instrument or restriction | ||
that requires the owner to obtain approval for the removal or file | ||
an affidavit, application, or notice before the removal; | ||
(2) an ordinance, rule, or other regulation designed | ||
to mitigate tree-borne diseases as recommended by the Texas A&M | ||
Forest Service; | ||
(3) an ordinance, rule, or other regulation related | ||
to: | ||
(A) high grass; or | ||
(B) weed removal for the purpose of fire | ||
prevention; or | ||
(4) an ordinance, rule, or regulation applicable to a | ||
person who owns a tract of land and who has divided or proposes to | ||
divide the tract into 25 or more parts to lay out a subdivision of | ||
the tract for the purpose of developing the land for sale as | ||
residential property. | ||
SECTION 4. This Act takes effect December 1, 2017. |