| 1 | 1 | | 85R23278 JTS-F |
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| 2 | 2 | | By: Workman H.B. No. 1572 |
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| 3 | 3 | | Substitute the following for H.B. No. 1572: |
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| 4 | 4 | | By: Oliveira C.S.H.B. No. 1572 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a residential property owner's right to remove a tree or |
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| 10 | 10 | | vegetation that the owner believes poses a fire risk. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 240.909(b), Local Government Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) Except as provided by Section 250.008, the [The] |
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| 15 | 15 | | commissioners court of a county subject to this section may |
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| 16 | 16 | | prohibit or restrict the clear-cutting of live oak trees in the |
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| 17 | 17 | | unincorporated area of the county. |
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| 18 | 18 | | SECTION 2. The heading to Chapter 250, Local Government |
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| 19 | 19 | | Code, is amended to read as follows: |
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| 20 | 20 | | CHAPTER 250. MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY |
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| 21 | 21 | | [OF MUNICIPALITIES AND COUNTIES] |
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| 22 | 22 | | SECTION 3. Chapter 250, Local Government Code, is amended |
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| 23 | 23 | | by adding Section 250.008 to read as follows: |
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| 24 | 24 | | Sec. 250.008. REMOVAL OF TREE OR VEGETATION ON RESIDENTIAL |
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| 25 | 25 | | PROPERTY THAT POSES FIRE RISK. (a) Except as provided by |
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| 26 | 26 | | Subsections (b) and (c), a municipality, county, or other political |
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| 27 | 27 | | subdivision may not enact or enforce any ordinance, rule, or other |
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| 28 | 28 | | regulation that restricts the ability of a residential property |
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| 29 | 29 | | owner to remove a tree or vegetation on the owner's property that |
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| 30 | 30 | | the owner believes poses a risk of fire to a structure on the |
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| 31 | 31 | | property or on adjacent property, including a regulation that |
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| 32 | 32 | | requires the owner to file an affidavit or notice before removing |
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| 33 | 33 | | the tree or vegetation. |
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| 34 | 34 | | (b) This section does not prevent the enforcement of an |
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| 35 | 35 | | ordinance, rule, or other regulation: |
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| 36 | 36 | | (1) on residential property being developed under a |
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| 37 | 37 | | municipal permit; or |
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| 38 | 38 | | (2) that: |
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| 39 | 39 | | (A) restricts the ability of a residential |
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| 40 | 40 | | property owner to remove a tree eight inches or larger in diameter |
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| 41 | 41 | | at four and a half feet above the natural ground, except that no |
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| 42 | 42 | | restrictions may be made on the ability to remove, regardless of |
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| 43 | 43 | | size: |
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| 44 | 44 | | (i) a mesquite (genus Prosopis) tree; |
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| 45 | 45 | | (ii) a juniper (genus Juniperus) tree; |
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| 46 | 46 | | (iii) a salt cedar (genus Tamarix) tree; |
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| 47 | 47 | | (iv) a hackberry (genus Celtis) tree; or |
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| 48 | 48 | | (v) a plant species included on the list of |
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| 49 | 49 | | noxious and invasive plant species published by the Department of |
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| 50 | 50 | | Agriculture as required by Section 71.151, Agriculture Code; or |
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| 51 | 51 | | (B) is designed to mitigate tree-borne diseases |
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| 52 | 52 | | as recommended by the Texas A&M Forest Service. |
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| 53 | 53 | | (c) This section does not apply to a municipality whose |
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| 54 | 54 | | extraterritorial jurisdiction is immediately adjacent to or |
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| 55 | 55 | | includes all or part of a federal military installation in active |
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| 56 | 56 | | use as of September 1, 2017. |
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| 57 | 57 | | SECTION 4. Chapter 202, Property Code, is amended by adding |
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| 58 | 58 | | Section 202.013 to read as follows: |
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| 59 | 59 | | Sec. 202.013. REGULATION OF CERTAIN TREE OR VEGETATION |
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| 60 | 60 | | REMOVAL. (a) A property owners' association may not include or |
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| 61 | 61 | | enforce a provision in a dedicatory instrument that restricts the |
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| 62 | 62 | | ability of a property owner to remove a tree or vegetation on the |
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| 63 | 63 | | owner's property that the owner believes poses a risk of fire to a |
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| 64 | 64 | | structure on the property or on adjacent property, including a |
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| 65 | 65 | | provision that requires the owner to file an affidavit or notice |
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| 66 | 66 | | before removing the tree or vegetation. |
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| 67 | 67 | | (b) This section does not apply to: |
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| 68 | 68 | | (1) a provision in a dedicatory instrument designed to |
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| 69 | 69 | | mitigate tree-borne disease as recommended by the Texas A&M Forest |
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| 70 | 70 | | Service; or |
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| 71 | 71 | | (2) an area of an owner's residential property that is |
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| 72 | 72 | | in a specified drainage or conservation easement shown on a plat |
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| 73 | 73 | | recorded with the applicable political subdivision. |
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| 74 | 74 | | SECTION 5. Section 202.013, Property Code, as added by this |
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| 75 | 75 | | Act, applies to a dedicatory instrument without regard to whether |
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| 76 | 76 | | the dedicatory instrument takes effect or is renewed before, on, or |
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| 77 | 77 | | after the effective date of this Act. |
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| 78 | 78 | | SECTION 6. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2017. |
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