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.

Sponsorship: Partisan Bill (Democrat 1)

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

A BILL TO BE ENTITLED
AN ACT
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.