85R9251 SLB-F
By: Bettencourt S.B. No. 898
A BILL TO BE ENTITLED
AN ACT
relating to the ownership and local regulation of trees and timber.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Natural Resources Code, is amended by
adding Chapter 154 to read as follows:
CHAPTER 154. OWNERSHIP AND LOCAL REGULATION OF TREES AND TIMBER
Sec. 154.001. DEFINITIONS. In this chapter:
(1) "Governmental entity" means a political
subdivision of the state, including:
(A) a municipality; and
(B) a county.
(2) "Removal of a tree" means the harvesting, cutting,
or destruction of a tree, including the damaging of a tree in a way
that will cause the death of the tree on or before the first
anniversary of the date of the damage, as determined by a
governmental entity.
Sec. 154.002. OWNERSHIP OF TREES AND TIMBER. A landowner
owns all trees and timber located on the landowner's land as a part
of the real property until cut or otherwise removed from the land,
unless otherwise provided by a contract, bill of sale, deed,
mortgage, deed of trust, or other legally binding document.
Sec. 154.003. LOCAL REGULATION OF TREES AND TIMBER. (a) A
governmental entity may not prohibit a landowner from trimming or
removing trees or timber located on the landowner's land.
(b) Notwithstanding any other law, a municipality may not
regulate the trimming or removal of trees or timber in the
extraterritorial jurisdiction of the municipality.
(c) This section does not affect the authority of a county
to regulate the cutting of trees under Section 240.909, Local
Government Code.
(d) This section does not apply to the facilities or
operations of an electric utility or a transmission and
distribution utility, as those terms are defined by Section 31.002,
Utilities Code.
Sec. 154.004. APPLICABILITY TO TREE TRIMMING OR REMOVAL IN
UTILITY RIGHT-OF-WAY. This chapter does not apply to the trimming
or removal of a tree in the easement or right-of-way of a pipeline
or utility line.
SECTION 2. This Act takes effect September 1, 2017.