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