Texas 2013 - 83rd Regular

Texas House Bill HB1858

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a property owner's right to remove a tree or vegetation that the owner believes poses a fire risk.

Impact

If enacted, HB1858 would significantly affect local regulations surrounding vegetation management and fire safety by easing restrictions on property owners. Local governments would have reduced authority to impose rules regarding tree removal, particularly for trees that present a fire hazard. This could lead to increased property owner autonomy in managing their land, which proponents argue would enhance public safety and reduce wildfire risks. However, the bill still allows for some localized control, such as for properties under development and for the management of certain tree species.

Summary

House Bill 1858 aims to clarify and expand property owners' rights regarding the removal of trees and vegetation that are deemed to pose a fire risk. The bill specifically amends the Local Government Code to prohibit municipalities and counties from enacting any regulations that would limit a property owner's ability to remove such vegetation. This change empowers property owners to act decisively in reducing potential fire hazards without having to navigate restrictive local ordinances or regulations requiring approval before such actions can be taken.

Contention

Notable points of contention surrounding HB1858 involve the balance of property rights and local regulatory powers. While supporters, primarily property owners and developers, advocate for this legislation as a means to promote safety and mitigate fire risks, opponents may argue that such sweeping changes could undermine environmental protections. There are also concerns over the potential for increased deforestation, as local authorities may lose the ability to regulate tree removal that serves larger ecological or community interests.

Companion Bills

No companion bills found.

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