Bill Text: TX SB744 | 2017-2018 | 85th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
By: Kolkhorst, Nichols | S.B. No. 744 | |
(In the Senate - Filed February 3, 2017; February 21, 2017, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; March 30, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 5, Nays 1; | ||
March 30, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 744 | By: Campbell |
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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. To qualify | ||
for a credit under this section, a tree must be: | ||
(1) planted on property: | ||
(A) for which the tree mitigation fee was | ||
assessed; or | ||
(B) mutually agreed upon by the municipality and | ||
the person; and | ||
(2) at least two inches in diameter at the point on the | ||
trunk 4.5 feet above ground. | ||
(c) For purposes of Subsection (b)(1)(B), the municipality | ||
and the person may consult with an academic organization, state | ||
agency, or nonprofit organization to identify an area for which | ||
tree planting will best address the science-based benefits of trees | ||
and other reforestation needs of the municipality. | ||
(d) 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 50 percent of the | ||
projected size of the planted tree at full maturity, as determined | ||
by the municipality. | ||
(e) As long as the municipality meets the requirement to | ||
provide a person a credit under Subsection (a), this section does | ||
not affect the ability of a municipality to determine: | ||
(1) the size and number of trees that must be planted | ||
to receive a credit under this section, except as provided by | ||
Subsection (b); or | ||
(2) the requirements for tree removal and | ||
corresponding tree mitigation fees, if applicable. | ||
(f) This section does not apply to property within five | ||
miles of a federal military base in active use as of September 1, | ||
2017. | ||
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. | ||
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