| 1 | 1 | | 85R9251 SLB-F |
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| 2 | 2 | | By: Bettencourt S.B. No. 898 |
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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 the ownership and local regulation of trees and timber. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 6, Natural Resources Code, is amended by |
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| 10 | 10 | | adding Chapter 154 to read as follows: |
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| 11 | 11 | | CHAPTER 154. OWNERSHIP AND LOCAL REGULATION OF TREES AND TIMBER |
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| 12 | 12 | | Sec. 154.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Governmental entity" means a political |
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| 14 | 14 | | subdivision of the state, including: |
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| 15 | 15 | | (A) a municipality; and |
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| 16 | 16 | | (B) a county. |
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| 17 | 17 | | (2) "Removal of a tree" means the harvesting, cutting, |
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| 18 | 18 | | or destruction of a tree, including the damaging of a tree in a way |
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| 19 | 19 | | that will cause the death of the tree on or before the first |
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| 20 | 20 | | anniversary of the date of the damage, as determined by a |
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| 21 | 21 | | governmental entity. |
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| 22 | 22 | | Sec. 154.002. OWNERSHIP OF TREES AND TIMBER. A landowner |
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| 23 | 23 | | owns all trees and timber located on the landowner's land as a part |
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| 24 | 24 | | of the real property until cut or otherwise removed from the land, |
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| 25 | 25 | | unless otherwise provided by a contract, bill of sale, deed, |
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| 26 | 26 | | mortgage, deed of trust, or other legally binding document. |
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| 27 | 27 | | Sec. 154.003. LOCAL REGULATION OF TREES AND TIMBER. (a) A |
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| 28 | 28 | | governmental entity may not prohibit a landowner from trimming or |
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| 29 | 29 | | removing trees or timber located on the landowner's land. |
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| 30 | 30 | | (b) Notwithstanding any other law, a municipality may not |
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| 31 | 31 | | regulate the trimming or removal of trees or timber in the |
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| 32 | 32 | | extraterritorial jurisdiction of the municipality. |
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| 33 | 33 | | (c) This section does not affect the authority of a county |
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| 34 | 34 | | to regulate the cutting of trees under Section 240.909, Local |
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| 35 | 35 | | Government Code. |
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| 36 | 36 | | (d) This section does not apply to the facilities or |
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| 37 | 37 | | operations of an electric utility or a transmission and |
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| 38 | 38 | | distribution utility, as those terms are defined by Section 31.002, |
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| 39 | 39 | | Utilities Code. |
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| 40 | 40 | | Sec. 154.004. APPLICABILITY TO TREE TRIMMING OR REMOVAL IN |
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| 41 | 41 | | UTILITY RIGHT-OF-WAY. This chapter does not apply to the trimming |
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| 42 | 42 | | or removal of a tree in the easement or right-of-way of a pipeline |
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| 43 | 43 | | or utility line. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2017. |
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