Bill Text: TX SB744 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB744 Detail]
Download: Texas-2017-SB744-Introduced.html
Bill Title: Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [SB744 Detail]
Download: Texas-2017-SB744-Introduced.html
85R8436 SCL-D | ||
By: Kolkhorst | S.B. No. 744 |
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relating to a tree planting credit to offset tree mitigation fees | ||
imposed by a municipality. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 212, Local Government | ||
Code, is amended by adding Section 212.905 to read as follows: | ||
Sec. 212.905. TREE MITIGATION FEE CREDIT FOR PLANTED TREES. | ||
(a) A municipality that imposes a tree mitigation fee for tree | ||
removal that is necessary for development or construction on a | ||
person's property that is located in the municipality must allow | ||
that person to apply for a credit for tree planting under this | ||
section to offset the amount of the fee. | ||
(b) An application for a credit under Subsection (a) must be | ||
in the form and manner prescribed by the municipality. The tree | ||
must be planted on property located in the municipality either | ||
owned by the person or mutually agreed upon by the municipality and | ||
the person. | ||
(c) The amount of a credit provided to a person under this | ||
section must be applied in the same manner as the tree mitigation | ||
fee assessed against the person. If the amount of the tree | ||
mitigation fee is based on the size of the tree being removed, the | ||
amount of the credit must be based on at least 60 percent of the | ||
projected size of the planted tree at full maturity. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a tree mitigation fee assessed by a municipality on or after 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, 2017. |