| 1 | 1 | | By: Troxclair, et al. (Senate Sponsor - Flores) H.B. No. 2239 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2023; |
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| 3 | 3 | | May 5, 2023, read first time and referred to Committee on Local |
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| 4 | 4 | | Government; May 22, 2023, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 6, Nays 3; |
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| 6 | 6 | | May 22, 2023, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR H.B. No. 2239 By: Springer |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to municipal regulation of the removal of an Ashe juniper |
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| 14 | 14 | | tree. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 212.905(h), Local Government Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (h) A municipality may not prohibit the removal of or impose |
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| 19 | 19 | | a tree mitigation fee for the removal of [a tree that]: |
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| 20 | 20 | | (1) a tree that is diseased or dead; [or] |
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| 21 | 21 | | (2) a tree that poses an imminent or immediate threat |
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| 22 | 22 | | to persons or property; or |
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| 23 | 23 | | (3) an Ashe juniper tree that is: |
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| 24 | 24 | | (A) located on a residential property that is not |
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| 25 | 25 | | more than five acres with an existing one-family or two-family |
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| 26 | 26 | | dwelling; and |
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| 27 | 27 | | (B) removed by a resident of the dwelling or a |
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| 28 | 28 | | person authorized by the resident. |
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| 29 | 29 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 30 | 30 | | * * * * * |
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