| 1 | 1 | | 85S10320 JTS-F |
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| 2 | 2 | | By: Workman H.B. No. 70 |
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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 a property owner's right to remove a tree or vegetation. |
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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. Section 240.909(b), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) Notwithstanding Section 250.009, the [The] |
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| 12 | 12 | | commissioners court of a county subject to this section may |
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| 13 | 13 | | prohibit or restrict the clear-cutting of live oak trees in the |
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| 14 | 14 | | unincorporated area of the county. |
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| 15 | 15 | | SECTION 2. The heading to Chapter 250, Local Government |
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| 16 | 16 | | Code, is amended to read as follows: |
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| 17 | 17 | | CHAPTER 250. MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY |
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| 18 | 18 | | [OF MUNICIPALITIES AND COUNTIES] |
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| 19 | 19 | | SECTION 3. Chapter 250, Local Government Code, is amended |
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| 20 | 20 | | by adding Section 250.009 to read as follows: |
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| 21 | 21 | | Sec. 250.009. REMOVAL OF TREE OR VEGETATION. (a) Except as |
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| 22 | 22 | | provided by Subsection (b) and Section 240.909, a municipality, |
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| 23 | 23 | | county, or other political subdivision may not enact or enforce any |
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| 24 | 24 | | ordinance, rule, or other regulation that restricts the ability of |
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| 25 | 25 | | a property owner to remove a tree or vegetation on the owner's |
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| 26 | 26 | | property, including a regulation that requires the owner to file an |
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| 27 | 27 | | affidavit or notice before removing the tree or vegetation. |
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| 28 | 28 | | (b) This section does not prevent the enforcement of an |
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| 29 | 29 | | ordinance, rule, or other regulation designed to mitigate |
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| 30 | 30 | | tree-borne diseases as recommended by the Texas A&M Forest Service. |
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| 31 | 31 | | SECTION 4. Chapter 202, Property Code, is amended by adding |
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| 32 | 32 | | Section 202.013 to read as follows: |
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| 33 | 33 | | Sec. 202.013. REGULATION OF TREE OR VEGETATION REMOVAL. |
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| 34 | 34 | | (a) A property owners' association may not include or enforce a |
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| 35 | 35 | | provision in a dedicatory instrument that restricts the ability of |
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| 36 | 36 | | a property owner to remove a tree or vegetation on the owner's |
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| 37 | 37 | | property, including a provision that requires the owner to file an |
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| 38 | 38 | | affidavit or notice before removing the tree or vegetation. |
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| 39 | 39 | | (b) This section does not apply to: |
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| 40 | 40 | | (1) a provision in a dedicatory instrument designed to |
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| 41 | 41 | | mitigate tree-borne disease as recommended by the Texas A&M Forest |
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| 42 | 42 | | Service; or |
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| 43 | 43 | | (2) an area of an owner's property that is in a |
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| 44 | 44 | | specified drainage or conservation easement shown on a plat |
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| 45 | 45 | | recorded with the applicable political subdivision. |
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| 46 | 46 | | SECTION 5. Section 202.013, Property Code, as added by this |
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| 47 | 47 | | Act, applies to a dedicatory instrument without regard to whether |
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| 48 | 48 | | the dedicatory instrument takes effect or is renewed before, on, or |
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| 49 | 49 | | after the effective date of this Act. |
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| 50 | 50 | | SECTION 6. This Act takes effect December 1, 2017. |
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