| 1 | 1 | | 84R12309 T |
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| 2 | 2 | | By: Paddie H.B. No. 1863 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to landscape control along interstate and state highway |
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| 8 | 8 | | rights-of-way; imposing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 392, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 392.004 to read as follows: |
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| 12 | 12 | | Sec. 392.004. LANDSCAPE MANAGEMENT PROGRAM. (a) In this |
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| 13 | 13 | | section, "landscape management" means trimming or removing |
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| 14 | 14 | | seedlings, saplings, trees, and vegetation on the state highway |
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| 15 | 15 | | system rights-of-way as necessary to provide suitable visibility to |
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| 16 | 16 | | adjacent businesses. |
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| 17 | 17 | | (b) The commission shall establish a landscape management |
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| 18 | 18 | | program in a manner consistent with this section that shall |
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| 19 | 19 | | include: |
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| 20 | 20 | | (1) a process for submitting and approving a request |
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| 21 | 21 | | for landscape management, including appropriate fees; |
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| 22 | 22 | | (2) an appeals process for approval or denial of a |
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| 23 | 23 | | request for landscape management. |
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| 24 | 24 | | (3) a method by which the applicant may mitigate |
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| 25 | 25 | | landscape management by either providing in-kind replacement of any |
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| 26 | 26 | | vegetation removed or reimbursing the department for its value. |
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| 27 | 27 | | (c) A person may not perform landscape management unless |
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| 28 | 28 | | approved by the commission under this section. |
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| 29 | 29 | | (d) A person commits an offense if the person performs |
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| 30 | 30 | | landscape management without first obtaining approval of the |
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| 31 | 31 | | commission under this section. An offense under this subsection is |
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| 32 | 32 | | a Class C misdemeanor. |
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| 33 | 33 | | (e) The commission may adopt rules necessary to implement |
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| 34 | 34 | | this section. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2015. |
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