85R8436 SCL-D
By: Phelan H.B. No. 2052
A BILL TO BE ENTITLED
AN ACT
relating to a tree planting credit to offset tree mitigation fees
imposed by a municipality.
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. TREE MITIGATION FEE CREDIT FOR PLANTED TREES.
(a) A municipality that imposes a tree mitigation fee for tree
removal that is necessary for development or construction on a
person's property that is located in the municipality must allow
that person to apply for a credit for tree planting under this
section to offset the amount of the fee.
(b) An application for a credit under Subsection (a) must be
in the form and manner prescribed by the municipality. The tree
must be planted on property located in the municipality either
owned by the person or mutually agreed upon by the municipality and
the person.
(c) The amount of a credit provided to a person under this
section must be applied in the same manner as the tree mitigation
fee assessed against the person. If the amount of the tree
mitigation fee is based on the size of the tree being removed, the
amount of the credit must be based on at least 60 percent of the
projected size of the planted tree at full maturity.
SECTION 2. The changes in law made by this Act apply only to
a tree mitigation fee assessed by a municipality on or after 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, 2017.