By: Hegar S.B. No. 2553
A BILL TO BE ENTITLED
AN ACT
relating to the regulatory authority of counties, including
granting certain counties authority to regulate the cutting of
certain trees; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 240, Local Government
Code, is amended by adding Section 240.909 to read as follows:
Sec. 240.909. REGULATION OF TREE CUTTING IN CERTAIN
COUNTIES. (a) This section applies only to a county with a
population of 50,000 or less that borders the Gulf of Mexico and in
which is located at least one state park and one national wildlife
refuge.
(b) The commissioners court of a county subject to this
section may prohibit or restrict the clear-cutting of live oak
trees in the unincorporated area of the county.
(c) A person commits an offense if the person violates an
order adopted under this section and the order defines the
violation as an offense. An offense under this section is a Class C
misdemeanor punishable by a fine not to exceed $500. An offense
under this section is prosecuted in the same manner as an offense
defined under state law.
(d) The county attorney or an attorney representing the
county may file an action in district court to enjoin a violation or
threatened violation of an order adopted under this section. The
court may grant appropriate relief.
(e) This subchapter, or an order or zoning regulation
adopted under this subchapter, does not apply to the facilities or
operations of an electric utility as defined by Section 31.002,
Utilities Code, or a gas utility as defined by Section 101.003 or
121.001, Utilities Code.
SECTION 2. 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, 2009.