Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB14 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hall, et al. S.B. No. 14
	1	+	By: Hall S.B. No. 14
	2	+	(In the Senate - Filed July 10, 2017; July 20, 2017, read
	3	+	first time and referred to Committee on Business & Commerce;
	4	+	July 24, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; July 24, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 14 By: Campbell
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to a property owner's right to remove a tree or vegetation.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 240.909(b), Local Government Code, is
9	16		amended to read as follows:
10	17		(b) Notwithstanding Section 250.009, the [The]
11	18		commissioners court of a county subject to this section may
12	19		prohibit or restrict the clear-cutting of live oak trees in the
13	20		unincorporated area of the county.
14	21		SECTION 2. The heading to Chapter 250, Local Government
15	22		Code, is amended to read as follows:
16	23		CHAPTER 250. MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY
17	24		[OF MUNICIPALITIES AND COUNTIES]
18	25		SECTION 3. Chapter 250, Local Government Code, is amended
19	26		by adding Section 250.009 to read as follows:
20	27		Sec. 250.009. REMOVAL OF TREE OR VEGETATION. (a) Except
21	28		as provided by Subsection (b) and Section 240.909, a municipality,
22	29		county, or other political subdivision may not enact or enforce any
23	30		ordinance, rule, or other regulation that restricts the ability of
24	31		a property owner of residential real property to remove a tree or
25	32		vegetation on the owner's property, including a regulation that
26	33		requires the owner to file an affidavit or notice before removing
27	34		the tree or vegetation.
28		-	(b) This section does not prevent the adoption or
29		-	enforcement by a municipality, county, or other political
30		-	subdivision of:
	35	+	(b) This section does not prevent the enforcement of:
31	36		(1) a provision in a dedicatory instrument, as defined
32		-	by Section 202.001, Property Code, or restriction, as defined by
33		-	Section 212.152 of this code, that restricts the ability of a
	37	+	by Section 202.001, Property Code, that restricts the ability of a
34	38		property owner to remove a tree or vegetation on the owner's
35		-	property, including a ~~standard,~~ bylaw, rule, or regulation
36		-	enforcing a provision of a dedicatory instrument ~~or restriction~~
37		-	~~that~~ requires the owner to ~~obtain approval for the removal~~ or ~~file~~
38		-	~~an affidavit, application,~~ or ~~notice before the removal;~~
	39	+	property, including a bylaw, rule, or regulation of a political
	40	+	subdivision enforcing a provision of a dedicatory instrument that
	41	+	requires the owner to file an affidavit or notice before removing
	42	+	the tree or vegetation; or
39	43		(2) an ordinance, rule, or other regulation designed
40	44		to mitigate tree-borne diseases as recommended by the Texas A&M
41		-	Forest Service;
42		-	(3) an ordinance, rule, or other regulation related
43		-	to:
44		-	(A) high grass; or
45		-	(B) weed removal for the purpose of fire
46		-	prevention; or
47		-	(4) an ordinance, rule, or regulation applicable to a
48		-	person who owns a tract of land and who has divided or proposes to
49		-	divide the tract into 25 or more parts to lay out a subdivision of
50		-	the tract for the purpose of developing the land for sale as
51		-	residential property.
	45	+	Forest Service.
52	46		SECTION 4. This Act takes effect December 1, 2017.
	47	+	* * * * *