Texas 2023 - 88th Regular

Texas House Bill HB3741

Filed
3/7/23  
Out of House Committee
4/17/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the operation of a program by the Texas Department of Transportation to allow a real property owner to plant or replace vegetation in a right-of-way.

Impact

The passage of HB 3741 empowers property owners to take initiative regarding the landscaping of state roadways adjoining their properties. By permitting such activities, the bill is expected to improve the environmental landscape and visual appeal of highways across Texas. However, it is crucial to note that property owners are responsible for the costs related to planting or replacing the vegetation, thereby placing any financial burden on them. The legislation also makes sure that TxDOT retains the right to use the right-of-way for necessary construction and maintenance, thus balancing local efforts with state operational needs.

Summary

House Bill 3741 focuses on the operation of a program by the Texas Department of Transportation (TxDOT) that allows real property owners to plant or replace vegetation in highway right-of-ways. The bill aims to enhance the aesthetic appeal of these properties while encouraging local residents to engage in beautification efforts at minimal costs to the state. It establishes parameters around how property owners can manage vegetation within a specified distance from their properties, ensuring that any newly planted or replaced vegetation aligns with environmental standards, specifically favoring native and pollinator-friendly plants.

Sentiment

The general sentiment surrounding HB 3741 appears to be positive, especially among proponents who value local involvement in maintaining and enhancing state landscapes. Supporters view it as a step forward in fostering community pride and improving environmental aesthetics. Despite its advantages, the bill may raise concerns regarding the quality of landscaping and maintenance, as the success of the initiative relies heavily on property owners' choices. Overall, the idea of engaging property owners in state landscape management reflects a shift towards more collaborative governance relative to public spaces.

Contention

While the bill seems well-received, there are points of contention that could arise. Critics might question the state’s accountability in ensuring that property owners do not negatively impact visibility or safety through their landscaping efforts. Additionally, some may argue that delegating such responsibilities could lead to inconsistent landscaping quality across different areas. Furthermore, as the bill allows for individual property owners to make aesthetic changes, it could potentially lead to conflicts or confusion related to public utility infrastructure located in the right-of-way, necessitating clear guidelines and support from TxDOT to mitigate possible issues.

Texas Constitutional Statutes Affected

Transportation Code

  • Chapter 202. Control Of Transportation Assets
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3755

Duplicate Relating to the regulation by the Texas Department of Transportation of right-of-way landscaping.

Previously Filed As

TX HB3755

Relating to the regulation by the Texas Department of Transportation of right-of-way landscaping.

TX HB520

Relating to the regulation by the Texas Department of Transportation of right-of-way landscaping installed by utilities.

TX HB2312

Relating to the regulation by the Texas Department of Transportation of right-of-way landscaping installed by utilities.

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