Bill Text: TX SB1721 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the management of wildlife and wildlife habitat by a home-rule municipality; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to Local Government [SB1721 Detail]
Download: Texas-2021-SB1721-Introduced.html
| 2021S0191-1 03/10/21 | ||
| By: Eckhardt | S.B. No. 1721 | |
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| relating to the management of wildlife and wildlife habitat by a | ||
| home-rule municipality; authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 10, Health and Safety Code, is amended by | ||
| adding Chapter 830 to read as follows: | ||
| CHAPTER 830. WILDLIFE AND WILDLIFE HABITAT WITHIN MUNICIPALITIES | ||
| Sec. 830.001. DEFINITIONS. In this chapter: | ||
| (1) "Animal rescue nonprofit organization" means an | ||
| organization that: | ||
| (A) is exempt from federal income tax under | ||
| Section 501(a), Internal Revenue Code of 1986, and its subsequent | ||
| amendments, by being listed as an exempt organization under Section | ||
| 501(c)(3) of that code; and | ||
| (B) is primarily engaged in the rehabilitation of | ||
| sick, injured, or orphaned wildlife located in the area served by | ||
| the organization. | ||
| (2) "Development project" means a project to develop a | ||
| site, or improve a developed site, for profit. | ||
| Sec. 830.002. IMPOSITION OF MITIGATION FEE. (a) A | ||
| home-rule municipality may impose on the developer of a development | ||
| project located within the corporate boundaries of the municipality | ||
| or the extraterritorial jurisdiction of the municipality a fee not | ||
| to exceed $100 for each acre or portion of an acre on which natural | ||
| vegetation is removed as part of the project. | ||
| (b) Chapter 395, Local Government Code, does not apply to a | ||
| fee imposed under this section. | ||
| Sec. 830.003. EXPENDITURE OF MONEY COLLECTED FROM FEE. A | ||
| municipality may spend money collected from a fee authorized by | ||
| Section 830.002 only to: | ||
| (1) support the rehabilitation of wildlife by an | ||
| animal rescue nonprofit organization that provides services in the | ||
| municipality; or | ||
| (2) mitigate the damage done to wildlife by a | ||
| development project's temporary or permanent removal of wildlife | ||
| habitat. | ||
| SECTION 2. Chapter 830, Health and Safety Code, as added by | ||
| this Act, applies only to a development project for which the first | ||
| permit or other written approval is granted by a municipality on or | ||
| after the effective date of this Act. A development project for | ||
| which the first permit or other written approval is granted by a | ||
| municipality before the effective date of this Act is governed by | ||
| the law in effect when the permit or other written approval was | ||
| granted, and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
