Texas 2017 - 85th 1st C.S.

Texas House Bill HB7 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 7
	1	+	By: Phelan, et al. (Senate Sponsor - Kolkhorst) H.B. No. 7
	2	+	(In the Senate - Received from the House July 31, 2017;
	3	+	August 1, 2017, read first time and referred to Committee on
	4	+	Business & Commerce; August 8, 2017, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 5,
	6	+	Nays 4; August 8, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Campbell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5		-	relating to municipal regulation of the removal of trees ~~on private~~
6		-	property.
	13	+	relating to municipal regulation of the removal of trees or
	14	+	vegetation on private property.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Subchapter Z, Chapter 212, Local Government
	16	+	SECTION 1. Section 212.003(a), Local Government Code, is
	17	+	amended to read as follows:
	18	+	(a) The governing body of a municipality by ordinance may
	19	+	extend to the extraterritorial jurisdiction of the municipality the
	20	+	application of municipal ordinances adopted under Section 212.002
	21	+	and other municipal ordinances relating to access to public roads
	22	+	or the pumping, extraction, and use of groundwater by persons other
	23	+	than retail public utilities, as defined by Section 13.002, Water
	24	+	Code, for the purpose of preventing the use of or contact with
	25	+	groundwater that presents an actual or potential threat to human
	26	+	health. However, unless otherwise authorized by state law, in its
	27	+	extraterritorial jurisdiction a municipality shall not regulate:
	28	+	(1) the use of any building or property for business,
	29	+	industrial, residential, or other purposes;
	30	+	(2) the bulk, height, or number of buildings
	31	+	constructed on a particular tract of land;
	32	+	(3) the size of a building that can be constructed on a
	33	+	particular tract of land, including without limitation any
	34	+	restriction on the ratio of building floor space to the land square
	35	+	footage;
	36	+	(4) the number of residential units that can be built
	37	+	per acre of land; [or]
	38	+	(5) the size, type, or method of construction of a
	39	+	water or wastewater facility that can be constructed to serve a
	40	+	developed tract of land if:
	41	+	(A) the facility meets the minimum standards
	42	+	established for water or wastewater facilities by state and federal
	43	+	regulatory entities; and
	44	+	(B) the developed tract of land is:
	45	+	(i) located in a county with a population of
	46	+	2.8 million or more; and
	47	+	(ii) served by:
	48	+	(a) on-site septic systems
	49	+	constructed before September 1, 2001, that fail to provide adequate
	50	+	services; or
	51	+	(b) on-site water wells constructed
	52	+	before September 1, 2001, that fail to provide an adequate supply of
	53	+	safe drinking water; or
	54	+	(6) the ability of an owner of property that has been
	55	+	platted to remove a tree or vegetation on the owner's property,
	56	+	except as necessary to mitigate tree-borne diseases as recommended
	57	+	by the Texas A&M Forest Service, including by:
	58	+	(A) requiring the owner to file an affidavit or
	59	+	notice before removing the tree or vegetation; or
	60	+	(B) imposing a tree mitigation fee.
	61	+	SECTION 2. Subchapter Z, Chapter 212, Local Government
9	62		Code, is amended by adding Section 212.905 to read as follows:
10	63		Sec. 212.905. REGULATION OF TREE REMOVAL. (a) In this
11	64		section:
12	65		(1) "Residential structure" means:
13	66		(A) a manufactured home as that term is defined
14	67		by Section 1201.003, Occupations Code;
15	68		(B) a detached one-family or two-family
16	69		dwelling, including the accessory structures of the dwelling;
17	70		(C) a multiple single-family dwelling that is not
18	71		more than three stories in height with a separate means of entry for
19	72		each dwelling, including the accessory structures of the dwelling;
20	73		or
21	74		(D) any other multifamily structure.
22	75		(2) "Tree mitigation fee" means a fee or charge
23	76		imposed by a municipality in connection with the removal of a tree
24	77		from private property.
25		-	(b) A municipality may not require a person to pay a tree
26		-	mitigation fee for the removed tree if the tree:
27		-	(1) is located on a property that is an existing
28		-	one-family or two-family dwelling that is the person's residence;
29		-	and
30		-	(2) is less than 10 inches in diameter at the point on
31		-	the trunk 4.5 feet above the ground.
32		-	(c) A municipality that imposes a tree mitigation fee for
	78	+	(b) A municipality that imposes a tree mitigation fee for
33	79		tree removal on a person's property must allow that person to apply
34	80		for a credit for tree planting under this section to offset the
35	81		amount of the fee.
36		-	(d) An application for a credit under Subsection (c) must be
	82	+	(c) An application for a credit under Subsection (b) must be
37	83		in the form and manner prescribed by the municipality. To qualify
38	84		for a credit under this section, a tree must be:
39	85		(1) planted on property:
40	86		(A) for which the tree mitigation fee was
41	87		assessed; or
42	88		(B) mutually agreed upon by the municipality and
43	89		the person; and
44	90		(2) at least two inches in diameter at the point on the
45	91		trunk 4.5 feet above ground.
46		-	(e) For purposes of Subsection (d)(1)(B), the municipality
	92	+	(d) For purposes of Subsection (c)(1)(B), the municipality
47	93		and the person may consult with an academic organization, state
48	94		agency, or nonprofit organization to identify an area for which
49	95		tree planting will best address the science-based benefits of trees
50	96		and other reforestation needs of the municipality.
51		-	(f) The amount of a credit provided to a person under this
	97	+	(e) The amount of a credit provided to a person under this
52	98		section must be applied in the same manner as the tree mitigation
53	99		fee assessed against the person and:
54	100		(1) equal to the amount of the tree mitigation fee
55	101		assessed against the person if the property is an existing
56	102		one-family or two-family dwelling that is the person's residence;
57	103		(2) at least 50 percent of the amount of the tree
58	104		mitigation fee assessed against the person if:
59		-	(A) the property is a residential structure or
60		-	~~pertains to~~ the ~~development, construction, or renovation of a~~
61		-	~~residential structure;~~ ~~and~~
62		-	~~(B) the person is developing,~~ ~~constructing, or~~
63		-	~~renovating the property not~~ for use as the person's residence; or
	105	+	(A) the property is a residential structure that
	106	+	is not occupied by the person; and
	107	+	(B) the person is constructing or renovating the
	108	+	residential structure for sale as a residential structure and not
	109	+	for use as the person's residence; or
64	110		(3) at least 40 percent of the amount of the tree
65	111		mitigation fee assessed against the person if:
66	112		(A) the property is not a residential structure;
67	113		or
68	114		(B) the person is constructing or intends to
69	115		construct a structure on the property that is not a residential
70	116		structure.
71		-	(g) As long as the municipality meets the requirement to
72		-	provide a person a credit under Subsection (c), this section does
	117	+	(f) As long as the municipality meets the requirement to
	118	+	provide a person a credit under Subsection (b), this section does
73	119		not affect the ability of or require a municipality to determine:
74	120		(1) the type of trees that must be planted to receive a
75		-	credit under this section, except as provided by Subsection (d);
	121	+	credit under this section, except as provided by Subsection (c);
76	122		(2) the requirements for tree removal and
77	123		corresponding tree mitigation fees, if applicable;
78	124		(3) the requirements for tree-planting methods and
79	125		best management practices to ensure that the tree grows to the
80	126		anticipated height at maturity; or
81		-	(4) the amount of a tree mitigation fee.
82		-	(h) A municipality may not prohibit the removal of or impose
83		-	a tree mitigation fee for the removal of a tree that:
	127	+	(4) the amount of a tree mitigation fee, except that a
	128	+	tree mitigation fee may not exceed $400.
	129	+	(g) A municipality may not impose a tree mitigation fee for
	130	+	the removal of a tree that:
84	131		(1) is diseased or dead; or
85	132		(2) poses an imminent or immediate threat to persons
	133	+	or property.
	134	+	(h) A municipality may not prohibit the removal of a tree
	135	+	that:
	136	+	(1) is less than 24 inches in diameter at the point on
	137	+	the trunk 4.5 feet above the ground;
	138	+	(2) is diseased or dead; or
	139	+	(3) poses an imminent or immediate threat to persons
86	140		or property.
87	141		(i) This section does not apply to property within five
88	142		miles of a federal military base in active use as of December 1,
89	143		2017.
90		-	SECTION 2. The changes in law made by this Act apply only to
	144	+	SECTION 3. The changes in law made by this Act apply only to
91	145		a tree mitigation fee assessed by a municipality on or after the
92	146		effective date of this Act.
93		-	SECTION 3. This Act takes effect December 1, 2017.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I certify that H.B. No. 7 was passed by the House on July 28,
97		-	2017, by the following vote: Yeas 130, Nays 9, 1 present, not
98		-	voting; and that the House concurred in Senate amendments to H.B.
99		-	No. 7 on August 15, 2017, by the following vote: Yeas 119, Nays 23,
100		-	1 present, not voting.
101		-	______________________________
102		-	Chief Clerk of the House
103		-	I certify that H.B. No. 7 was passed by the Senate, with
104		-	amendments, on August 15, 2017, by the following vote: Yeas 17,
105		-	Nays 14.
106		-	______________________________
107		-	Secretary of the Senate
108		-	APPROVED: __________________
109		-	Date
110		-	__________________
111		-	Governor
	147	+	SECTION 4. This Act takes effect December 1, 2017.
	148	+	* * * * *