84R12309 T
By: Paddie H.B. No. 1863
A BILL TO BE ENTITLED
AN ACT
relating to landscape control along interstate and state highway
rights-of-way; imposing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 392, Transportation Code,
is amended by adding Section 392.004 to read as follows:
Sec. 392.004. LANDSCAPE MANAGEMENT PROGRAM. (a) In this
section, "landscape management" means trimming or removing
seedlings, saplings, trees, and vegetation on the state highway
system rights-of-way as necessary to provide suitable visibility to
adjacent businesses.
(b) The commission shall establish a landscape management
program in a manner consistent with this section that shall
include:
(1) a process for submitting and approving a request
for landscape management, including appropriate fees;
(2) an appeals process for approval or denial of a
request for landscape management.
(3) a method by which the applicant may mitigate
landscape management by either providing in-kind replacement of any
vegetation removed or reimbursing the department for its value.
(c) A person may not perform landscape management unless
approved by the commission under this section.
(d) A person commits an offense if the person performs
landscape management without first obtaining approval of the
commission under this section. An offense under this subsection is
a Class C misdemeanor.
(e) The commission may adopt rules necessary to implement
this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all 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, 2015.