82R7314 T
By: Dutton H.B. No. 2673
A BILL TO BE ENTITLED
AN ACT
relating to the calculation of tree mitigation fees charged by a
municipality in connection with a permit.
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. CALCULATION OF MITIGATION FEES CHARGED OR
ASSESSED BY A MUNICIPALITY. (a) If a municipality requires, as a
condition for the approval of a permit, that the applicant pay to
the City or to a third party a tree mitigation fee to offset the
impacts of the activity that the permit will authorize, the amount
of the tree mitigation fee shall be roughly proportionate to the
impacts of the activity on the public.
(b) A permit applicant who disputes the determination made
under Subsection (a) may appeal to the governing body of the
municipality. At the appeal, the developer may present evidence
and testimony under procedures adopted by the governing body.
After hearing any testimony and reviewing the evidence, the
governing body shall make the applicable determination within 30
days following the final submission of any testimony or evidence by
the developer.
(c) A permit applicant may appeal the determination of the
governing body to a county or district court of the county in which
the activity to be permitted is or will be located within 30 days of
the final determination by the governing body. The municipality
shall have to the burden of proof that the amount of the tree
mitigation is roughly proportionate to the public impact of the
activity to be permitted.
(d) A municipality may not require a permit applicant to
waive the right of appeal authorized by this section as a condition
of approval of the permit.
(e) A permit applicant who pays a tree mitigation fee
described in subsection (a) and undertakes the activity under the
permit does not waive the right of appeal provided in subsections
(b) and (c).
(f) A permit applicant who prevails in an appeal under this
section is entitled to applicable costs and to reasonable
attorney's fees, including expert witness fees.
(g) This section does not diminish the authority or modify
the procedures specified by Chapter 395.
SECTION 2. The change in law made by this Act applies to the
approval of a development project that is not finally adjudicated
before 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, 2011.