Texas 2023 88th Regular

Texas House Bill HB2239 House Committee Report / Analysis

Filed 04/04/2023

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                    BILL ANALYSIS             H.B. 2239     By: Troxclair     Land & Resource Management     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Certain cities in Texas are regulating the Ashe juniper tree as a heritage oak tree and fining residents for cutting them down. Texans should have the ability to remove Ashe juniper trees on their private property without fear of a fine for doing so. Moreover, the removal of these trees can help to protect our aquifers, allow for a greater variety of plant life to survive, and reduce cedar fever. H.B. 2239 seeks to protect against municipal overreach and ensure that Texans have this ability.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 2239 amends the Local Government Code to prohibit a municipality from prohibiting the removal of or imposing a tree mitigation fee for the removal of an Ashe juniper tree on private property.       EFFECTIVE DATE    September 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 2239
By: Troxclair
Land & Resource Management
Committee Report (Unamended)

H.B. 2239

By: Troxclair

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Certain cities in Texas are regulating the Ashe juniper tree as a heritage oak tree and fining residents for cutting them down. Texans should have the ability to remove Ashe juniper trees on their private property without fear of a fine for doing so. Moreover, the removal of these trees can help to protect our aquifers, allow for a greater variety of plant life to survive, and reduce cedar fever. H.B. 2239 seeks to protect against municipal overreach and ensure that Texans have this ability.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 2239 amends the Local Government Code to prohibit a municipality from prohibiting the removal of or imposing a tree mitigation fee for the removal of an Ashe juniper tree on private property.
EFFECTIVE DATE    September 1, 2023.

BACKGROUND AND PURPOSE 

 

Certain cities in Texas are regulating the Ashe juniper tree as a heritage oak tree and fining residents for cutting them down. Texans should have the ability to remove Ashe juniper trees on their private property without fear of a fine for doing so. Moreover, the removal of these trees can help to protect our aquifers, allow for a greater variety of plant life to survive, and reduce cedar fever. H.B. 2239 seeks to protect against municipal overreach and ensure that Texans have this ability.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 2239 amends the Local Government Code to prohibit a municipality from prohibiting the removal of or imposing a tree mitigation fee for the removal of an Ashe juniper tree on private property.

 

EFFECTIVE DATE 

 

September 1, 2023.