By: Cain H.B. No. 3054
A BILL TO BE ENTITLED
AN ACT
relating to the types of trees a governmental entity is authorized
to plant on public property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 10, Government Code, is
amended by adding Chapter 2207 to read as follows:
CHAPTER 2207. PLANTING OF TREES ON PUBLIC PROPERTY
Sec. 2207.001. DEFINITIONS. In this chapter:
(1) "Governmental entity" has the meaning assigned by
Section 2051.041.
(2) "Native tree" means a species of tree that is indigenous
to this state.
(3) "Service" means the Texas A&M AgriLife Extension
Service.
Sec. 2207.002. NATIVE TREES REQUIRED ON PUBLIC PROPERTY.
(a) Except as otherwise provided by Section 443.016 and subject to
Section 2155.444(d), a governmental entity and any contractor or
subcontractor of the governmental entity may not plant a species of
tree other than a native tree on public property.
Sec. 2207.003. EXCEPTIONS. (a) Except as otherwise
provided by Section 443.016 and subject to Section 2155.444(d), a
governmental entity may authorize the use of a species of tree that
is not on the list of native trees developed by service under
Section 2207.004 if:
(1) the use of a species of nonindigenous tree has a
genuine historical significance in relation to the governmental
entity and the governing board of the entity adopts a resolution
authorizing the planting of a species of nonindigenous tree and
explaining the historical significance of the species of
nonindigenous tree to the governmental entity; or
(2) the use of a species of nonindigenous tree by the
governmental entity is primarily for educational, scientific, or
research purposes.
Sec. 2207.004. LIST OF NATIVE TREES. (a) The service shall
develop and maintain a list identifying native tree species found
throughout this state.
(b) The list shall include a description of each species of
native tree, their ecological significance, growth patterns, and
any other information the service deems necessary. The list shall
be updated periodically to reflect any changes in native tree
populations or scientific understanding.
(c) In preparing or updating the list, the service may
collaborate with relevant state and federal agencies, as well as
academic institutions, to support the development, distribution,
and utilization of the list.
SECTION 2. The change in law made by this Act applies only
to a contract for which a governmental entity first advertises or
otherwise solicits bids, proposals, offers, or qualifications or
makes a similar solicitation on or after the effective date of this
Act. A contract for which a governmental entity first advertises or
otherwise solicits bids, proposals, offers, or qualifications or
makes a similar solicitation before the effective date of this Act
is governed by the law in effect on the date the advertisement or
solicitation is made, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2025.