| 1 | 1 | | 85S10155 SLB-F |
|---|
| 2 | 2 | | By: Campbell S.B. No. 86 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the local regulation of trees and timber. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Title 6, Natural Resources Code, is amended by |
|---|
| 10 | 10 | | adding Chapter 154 to read as follows: |
|---|
| 11 | 11 | | CHAPTER 154. LOCAL REGULATION OF TREES AND TIMBER |
|---|
| 12 | 12 | | Sec. 154.001. DEFINITIONS. In this chapter: |
|---|
| 13 | 13 | | (1) "Governmental entity" means a political |
|---|
| 14 | 14 | | subdivision of the state, including: |
|---|
| 15 | 15 | | (A) a municipality; and |
|---|
| 16 | 16 | | (B) a county. |
|---|
| 17 | 17 | | (2) "Removal of a tree" means the harvesting, cutting, |
|---|
| 18 | 18 | | or destruction of a tree, including the damaging of a tree in a way |
|---|
| 19 | 19 | | that will cause the death of the tree on or before the first |
|---|
| 20 | 20 | | anniversary of the date of the damage, as determined by a |
|---|
| 21 | 21 | | governmental entity. |
|---|
| 22 | 22 | | Sec. 154.002. LOCAL REGULATION OF TREES AND TIMBER. (a) |
|---|
| 23 | 23 | | Notwithstanding any other law, a municipality may not regulate the |
|---|
| 24 | 24 | | trimming or removal of trees or timber in the extraterritorial |
|---|
| 25 | 25 | | jurisdiction of the municipality. |
|---|
| 26 | 26 | | (b) This section does not affect the authority of a county |
|---|
| 27 | 27 | | to regulate the cutting of trees under Section 240.909, Local |
|---|
| 28 | 28 | | Government Code. |
|---|
| 29 | 29 | | (c) This section does not apply to the facilities or |
|---|
| 30 | 30 | | operations of an electric utility or a transmission and |
|---|
| 31 | 31 | | distribution utility, as those terms are defined by Section 31.002, |
|---|
| 32 | 32 | | Utilities Code. |
|---|
| 33 | 33 | | Sec. 154.003. APPLICABILITY TO TREE TRIMMING OR REMOVAL IN |
|---|
| 34 | 34 | | UTILITY RIGHT-OF-WAY. This chapter does not apply to the trimming |
|---|
| 35 | 35 | | or removal of a tree in the easement or right-of-way of a pipeline |
|---|
| 36 | 36 | | or utility line. |
|---|
| 37 | 37 | | SECTION 2. This Act takes effect December 1, 2017. |
|---|