Bill Text: TX SB898 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the ownership and local regulation of trees and timber.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - Referred to Agriculture, Water, & Rural Affairs [SB898 Detail]
Download: Texas-2017-SB898-Introduced.html
85R9251 SLB-F | ||
By: Bettencourt | S.B. No. 898 |
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relating to the ownership and 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. OWNERSHIP AND 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. OWNERSHIP OF TREES AND TIMBER. A landowner | ||
owns all trees and timber located on the landowner's land as a part | ||
of the real property until cut or otherwise removed from the land, | ||
unless otherwise provided by a contract, bill of sale, deed, | ||
mortgage, deed of trust, or other legally binding document. | ||
Sec. 154.003. LOCAL REGULATION OF TREES AND TIMBER. (a) A | ||
governmental entity may not prohibit a landowner from trimming or | ||
removing trees or timber located on the landowner's land. | ||
(b) Notwithstanding any other law, a municipality may not | ||
regulate the trimming or removal of trees or timber in the | ||
extraterritorial jurisdiction of the municipality. | ||
(c) This section does not affect the authority of a county | ||
to regulate the cutting of trees under Section 240.909, Local | ||
Government Code. | ||
(d) 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. 154.004. 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 September 1, 2017. |