| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the types of trees a governmental entity is authorized |
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| 7 | 9 | | to plant on public property. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Subtitle E, Title 10, Government Code, is |
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| 10 | 12 | | amended by adding Chapter 2207 to read as follows: |
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| 11 | 13 | | CHAPTER 2207. PLANTING OF TREES ON PUBLIC PROPERTY |
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| 12 | 14 | | Sec. 2207.001. DEFINITIONS. In this chapter: |
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| 13 | 15 | | (1) "Governmental entity" has the meaning assigned by |
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| 14 | 16 | | Section 2051.041. |
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| 15 | 17 | | (2) "Native tree" means a species of tree that is indigenous |
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| 16 | 18 | | to this state. |
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| 17 | 19 | | (3) "Service" means the Texas A&M AgriLife Extension |
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| 18 | 20 | | Service. |
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| 19 | 21 | | Sec. 2207.002. NATIVE TREES REQUIRED ON PUBLIC PROPERTY. |
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| 20 | 22 | | (a) Except as otherwise provided by Section 443.016 and subject to |
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| 21 | 23 | | Section 2155.444(d), a governmental entity and any contractor or |
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| 22 | 24 | | subcontractor of the governmental entity may not plant a species of |
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| 23 | 25 | | tree other than a native tree on public property. |
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| 24 | 26 | | Sec. 2207.003. EXCEPTIONS. (a) Except as otherwise |
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| 25 | 27 | | provided by Section 443.016 and subject to Section 2155.444(d), a |
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| 26 | 28 | | governmental entity may authorize the use of a species of tree that |
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| 27 | 29 | | is not on the list of native trees developed by service under |
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| 28 | 30 | | Section 2207.004 if: |
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| 29 | 31 | | (1) the use of a species of nonindigenous tree has a |
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| 30 | 32 | | genuine historical significance in relation to the governmental |
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| 31 | 33 | | entity and the governing board of the entity adopts a resolution |
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| 32 | 34 | | authorizing the planting of a species of nonindigenous tree and |
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| 33 | 35 | | explaining the historical significance of the species of |
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| 34 | 36 | | nonindigenous tree to the governmental entity; or |
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| 35 | 37 | | (2) the use of a species of nonindigenous tree by the |
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| 36 | 38 | | governmental entity is primarily for educational, scientific, or |
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| 37 | 39 | | research purposes. |
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| 38 | 40 | | Sec. 2207.004. LIST OF NATIVE TREES. (a) The service shall |
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| 39 | 41 | | develop and maintain a list identifying native tree species found |
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| 40 | 42 | | throughout this state. |
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| 41 | 43 | | (b) The list shall include a description of each species of |
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| 42 | 44 | | native tree, their ecological significance, growth patterns, and |
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| 43 | 45 | | any other information the service deems necessary. The list shall |
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| 44 | 46 | | be updated periodically to reflect any changes in native tree |
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| 45 | 47 | | populations or scientific understanding. |
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| 46 | 48 | | (c) In preparing or updating the list, the service may |
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| 47 | 49 | | collaborate with relevant state and federal agencies, as well as |
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| 48 | 50 | | academic institutions, to support the development, distribution, |
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| 49 | 51 | | and utilization of the list. |
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| 50 | 52 | | SECTION 2. The change in law made by this Act applies only |
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| 51 | 53 | | to a contract for which a governmental entity first advertises or |
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| 52 | 54 | | otherwise solicits bids, proposals, offers, or qualifications or |
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| 53 | 55 | | makes a similar solicitation on or after the effective date of this |
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| 54 | 56 | | Act. A contract for which a governmental entity first advertises or |
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| 55 | 57 | | otherwise solicits bids, proposals, offers, or qualifications or |
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| 56 | 58 | | makes a similar solicitation before the effective date of this Act |
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| 57 | 59 | | is governed by the law in effect on the date the advertisement or |
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| 58 | 60 | | solicitation is made, and that law is continued in effect for that |
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| 59 | 61 | | purpose. |
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| 60 | 62 | | SECTION 3. This Act takes effect September 1, 2025. |
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