| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to a tree planting credit to offset tree mitigation fees |
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| 10 | 8 | | imposed by a municipality. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Subchapter Z, Chapter 212, Local Government |
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| 13 | 11 | | Code, is amended by adding Section 212.905 to read as follows: |
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| 14 | 12 | | Sec. 212.905. TREE MITIGATION FEE CREDIT FOR PLANTED TREES. |
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| 15 | 13 | | (a) A municipality that imposes a tree mitigation fee for tree |
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| 16 | 14 | | removal that is necessary for development or construction on a |
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| 17 | 15 | | person's property must allow that person to apply for a credit for |
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| 18 | 16 | | tree planting under this section to offset the amount of the fee. |
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| 19 | 17 | | (b) An application for a credit under Subsection (a) must be |
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| 20 | 18 | | in the form and manner prescribed by the municipality. To qualify |
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| 21 | 19 | | for a credit under this section, a tree must be: |
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| 22 | 20 | | (1) planted on property: |
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| 23 | 21 | | (A) for which the tree mitigation fee was |
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| 24 | 22 | | assessed; or |
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| 25 | 23 | | (B) mutually agreed upon by the municipality and |
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| 26 | 24 | | the person; and |
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| 27 | 25 | | (2) at least two inches in diameter at the point on the |
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| 28 | 26 | | trunk 4.5 feet above ground. |
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| 29 | 27 | | (c) For purposes of Subsection (b)(1)(B), the municipality |
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| 30 | 28 | | and the person may consult with an academic organization, state |
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| 31 | 29 | | agency, or nonprofit organization to identify an area for which |
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| 32 | 30 | | tree planting will best address the science-based benefits of trees |
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| 33 | 31 | | and other reforestation needs of the municipality. |
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| 34 | 32 | | (d) The amount of a credit provided to a person under this |
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| 35 | 33 | | section must be: |
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| 36 | 34 | | (1) applied in the same manner as the tree mitigation |
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| 37 | 35 | | fee assessed against the person; and |
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| 38 | 36 | | (2) at least 50 percent of the amount of the tree |
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| 39 | 37 | | mitigation fee assessed against the person. |
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| 40 | 38 | | (e) As long as the municipality meets the requirement to |
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| 41 | 39 | | provide a person a credit under Subsection (a), this section does |
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| 42 | 40 | | not affect the ability of or require a municipality to determine: |
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| 43 | 41 | | (1) the size, number, and type of trees that must be |
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| 44 | 42 | | planted to receive a credit under this section, except as provided |
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| 45 | 43 | | by Subsection (b); |
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| 46 | 44 | | (2) the requirements for tree removal and |
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| 47 | 45 | | corresponding tree mitigation fees, if applicable; or |
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| 48 | 46 | | (3) the requirements for tree planting methods and |
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| 49 | 47 | | best management practices to ensure that the tree grows to the |
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| 50 | 48 | | anticipated height at maturity. |
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| 51 | 49 | | (f) This section does not apply to property within five |
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| 52 | 50 | | miles of a federal military base in active use as of September 1, |
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| 53 | 51 | | 2017. |
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| 54 | 52 | | SECTION 2. The changes in law made by this Act apply only to |
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| 55 | 53 | | a tree mitigation fee assessed by a municipality on or after the |
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| 56 | 54 | | effective date of this Act. |
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| 57 | 55 | | SECTION 3. This Act takes effect immediately if it receives |
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| 58 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 59 | | Act takes effect September 1, 2017. |
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