Bill Text: TX SB1741 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to tree mitigation fees imposed by municipalities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-26 - Not again placed on intent calendar [SB1741 Detail]
Download: Texas-2011-SB1741-Comm_Sub.html
| By: Fraser | S.B. No. 1741 | |
| (In the Senate - Filed March 11, 2011; March 23, 2011, read | ||
| first time and referred to Committee on Natural Resources; | ||
| April 13, 2011, reported favorably by the following vote: Yeas 7, | ||
| Nays 0; April 13, 2011, sent to printer.) | ||
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| relating to tree mitigation fees imposed by municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 212, Local Government Code, is amended | ||
| by adding Subchapter H to read as follows: | ||
| SUBCHAPTER H. MUNICIPAL TREE MITIGATION FEE | ||
| Sec. 212.191. APPLICABILITY. This subchapter applies to a | ||
| municipality that requires as a condition for approval of a permit | ||
| that an applicant pay the municipality or a third party a tree | ||
| mitigation fee. | ||
| Sec. 212.192. AMOUNT OF MUNICIPAL TREE MITIGATION FEE. A | ||
| municipality that requires a tree mitigation fee to offset the | ||
| impact of an activity that a municipal permit authorizes must set | ||
| the fee in an amount that is roughly proportionate to the impact | ||
| that the activity will have on the public. | ||
| Sec. 212.193. FILING OF APPEAL WITH MUNICIPALITY. A permit | ||
| applicant may appeal the amount of a tree mitigation fee set by a | ||
| municipality under this subchapter by filing an appeal with the | ||
| governing body of the municipality. The appeal must be in writing | ||
| and specify the grounds for the appeal. | ||
| Sec. 212.194. HEARING ON APPEAL TO MUNICIPALITY. (a) Not | ||
| later than the 30th day after the date the notice of appeal is filed | ||
| under Section 212.193, the governing body of the municipality shall | ||
| set a hearing for the appeal. | ||
| (b) At the hearing the permit applicant may present evidence | ||
| and witness testimony that is relevant to the tree mitigation fee | ||
| determination. | ||
| (c) The permit applicant may appear at the hearing in person | ||
| or by agent or attorney. | ||
| (d) Not later than the 30th day after the date the hearing | ||
| concludes, the governing body shall make a final determination | ||
| regarding the amount of the tree mitigation fee. | ||
| Sec. 212.195. APPEAL TO COUNTY OR DISTRICT COURT. (a) Not | ||
| later than the 30th day after the date the final determination is | ||
| made under Section 212.194, a permit applicant may appeal the | ||
| determination to a county or district court in the county in which | ||
| the activity to be permitted will occur. | ||
| (b) The municipality shall have the burden of proof to | ||
| establish that the amount of the tree mitigation fee is roughly | ||
| proportionate to the impact that the activity to be permitted will | ||
| have on the public. | ||
| (c) The court shall award attorney's fees and costs of court | ||
| to a permit applicant who prevails in a suit under this section. | ||
| Sec. 212.196. NO WAIVER OF RIGHT TO APPEAL. (a) A | ||
| municipality may not require a permit applicant to waive a right of | ||
| appeal under this subchapter as a condition for approval of a | ||
| permit. | ||
| (b) A permit applicant who pays a contested tree mitigation | ||
| fee does not waive a right of appeal under this subchapter by taking | ||
| an action authorized by a permit issued by the municipality. | ||
| Sec. 212.197. APPLICATION OF LAW RELATED TO CAPITAL | ||
| IMPROVEMENTS. This subchapter does not diminish the authority or | ||
| modify the procedures specified by Chapter 395. | ||
| SECTION 2. (a) Except as provided by Subsection (b) of | ||
| this section, the changes in law made by Subchapter H, Chapter 212, | ||
| Local Government Code, as added by this Act, apply only to a tree | ||
| mitigation fee assessed by a municipality on or after the effective | ||
| date of this Act. | ||
| (b) The changes in law made by Subchapter H, Chapter 212, | ||
| Local Government Code, as added by this Act, apply to a contested | ||
| tree mitigation fee assessed by a municipality before the effective | ||
| date of this Act if an appeal of the amount of the fee has not been | ||
| finally determined or adjudicated on 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 September 1, 2011. | ||
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