| 1 | 1 | | S.B. No. 2553 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the regulatory authority of counties, including |
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| 6 | 6 | | granting certain counties authority to regulate the cutting of |
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| 7 | 7 | | certain trees; providing a penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter Z, Chapter 240, Local Government |
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| 10 | 10 | | Code, is amended by adding Section 240.909 to read as follows: |
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| 11 | 11 | | Sec. 240.909. REGULATION OF TREE CUTTING IN CERTAIN |
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| 12 | 12 | | COUNTIES. (a) This section applies only to a county with a |
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| 13 | 13 | | population of 50,000 or less that borders the Gulf of Mexico and in |
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| 14 | 14 | | which is located at least one state park and one national wildlife |
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| 15 | 15 | | refuge. |
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| 16 | 16 | | (b) The commissioners court of a county subject to this |
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| 17 | 17 | | section may prohibit or restrict the clear-cutting of live oak |
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| 18 | 18 | | trees in the unincorporated area of the county. |
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| 19 | 19 | | (c) A person commits an offense if the person violates an |
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| 20 | 20 | | order adopted under this section and the order defines the |
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| 21 | 21 | | violation as an offense. An offense under this section is a Class C |
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| 22 | 22 | | misdemeanor punishable by a fine not to exceed $500. An offense |
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| 23 | 23 | | under this section is prosecuted in the same manner as an offense |
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| 24 | 24 | | defined under state law. |
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| 25 | 25 | | (d) The county attorney or an attorney representing the |
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| 26 | 26 | | county may file an action in district court to enjoin a violation or |
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| 27 | 27 | | threatened violation of an order adopted under this section. The |
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| 28 | 28 | | court may grant appropriate relief. |
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| 29 | 29 | | (e) This subchapter, or an order or zoning regulation |
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| 30 | 30 | | adopted under this subchapter, does not apply to the facilities or |
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| 31 | 31 | | operations of an electric utility as defined by Section 31.002, |
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| 32 | 32 | | Utilities Code, or a gas utility as defined by Section 101.003 or |
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| 33 | 33 | | 121.001, Utilities Code. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2009. |
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| 39 | 39 | | ______________________________ ______________________________ |
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| 40 | 40 | | President of the Senate Speaker of the House |
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| 41 | 41 | | I hereby certify that S.B. No. 2553 passed the Senate on |
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| 42 | 42 | | May 15, 2009, by the following vote: Yeas 30, Nays 0. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | I hereby certify that S.B. No. 2553 passed the House on |
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| 46 | 46 | | May 27, 2009, by the following vote: Yeas 130, Nays 18, one |
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| 47 | 47 | | present not voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | Approved: |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Date |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Governor |
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