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