Bill Text: TX SB86 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the local regulation of trees and timber.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-19 - Filed [SB86 Detail]
Download: Texas-2017-SB86-Introduced.html
85S10155 SLB-F | ||
By: Campbell | S.B. No. 86 |
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relating to the local regulation of trees and timber. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Natural Resources Code, is amended by | ||
adding Chapter 154 to read as follows: | ||
CHAPTER 154. LOCAL REGULATION OF TREES AND TIMBER | ||
Sec. 154.001. DEFINITIONS. In this chapter: | ||
(1) "Governmental entity" means a political | ||
subdivision of the state, including: | ||
(A) a municipality; and | ||
(B) a county. | ||
(2) "Removal of a tree" means the harvesting, cutting, | ||
or destruction of a tree, including the damaging of a tree in a way | ||
that will cause the death of the tree on or before the first | ||
anniversary of the date of the damage, as determined by a | ||
governmental entity. | ||
Sec. 154.002. LOCAL REGULATION OF TREES AND TIMBER. (a) | ||
Notwithstanding any other law, a municipality may not regulate the | ||
trimming or removal of trees or timber in the extraterritorial | ||
jurisdiction of the municipality. | ||
(b) This section does not affect the authority of a county | ||
to regulate the cutting of trees under Section 240.909, Local | ||
Government Code. | ||
(c) This section does not apply to the facilities or | ||
operations of an electric utility or a transmission and | ||
distribution utility, as those terms are defined by Section 31.002, | ||
Utilities Code. | ||
Sec. 154.003. APPLICABILITY TO TREE TRIMMING OR REMOVAL IN | ||
UTILITY RIGHT-OF-WAY. This chapter does not apply to the trimming | ||
or removal of a tree in the easement or right-of-way of a pipeline | ||
or utility line. | ||
SECTION 2. This Act takes effect December 1, 2017. |