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.
Sponsorship: Partisan Bill (Republican 4)
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. | ||
