Bill Text: TX HB2052 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-10 - Received from the House [HB2052 Detail]
Download: Texas-2017-HB2052-Engrossed.html
| 85R22051 SCL-D | ||
| By: Phelan, Fallon | H.B. No. 2052 | |
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| relating to a tree planting credit to offset tree mitigation fees | ||
| imposed by a municipality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 212, Local Government | ||
| Code, is amended by adding Section 212.905 to read as follows: | ||
| Sec. 212.905. TREE MITIGATION FEE CREDIT FOR PLANTED TREES. | ||
| (a) A municipality that imposes a tree mitigation fee for tree | ||
| removal that is necessary for development or construction on a | ||
| person's property must allow that person to apply for a credit for | ||
| tree planting under this section to offset the amount of the fee. | ||
| (b) An application for a credit under Subsection (a) must be | ||
| in the form and manner prescribed by the municipality. To qualify | ||
| for a credit under this section, a tree must be: | ||
| (1) planted on property: | ||
| (A) for which the tree mitigation fee was | ||
| assessed; or | ||
| (B) mutually agreed upon by the municipality and | ||
| the person; and | ||
| (2) at least two inches in diameter at the point on the | ||
| trunk 4.5 feet above ground. | ||
| (c) For purposes of Subsection (b)(1)(B), the municipality | ||
| and the person may consult with an academic organization, state | ||
| agency, or nonprofit organization to identify an area for which | ||
| tree planting will best address the science-based benefits of trees | ||
| and other reforestation needs of the municipality. | ||
| (d) The amount of a credit provided to a person under this | ||
| section must be: | ||
| (1) applied in the same manner as the tree mitigation | ||
| fee assessed against the person; and | ||
| (2) at least 50 percent of the amount of the tree | ||
| mitigation fee assessed against the person. | ||
| (e) As long as the municipality meets the requirement to | ||
| provide a person a credit under Subsection (a), this section does | ||
| not affect the ability of or require a municipality to determine: | ||
| (1) the size, number, and type of trees that must be | ||
| planted to receive a credit under this section, except as provided | ||
| by Subsection (b); | ||
| (2) the requirements for tree removal and | ||
| corresponding tree mitigation fees, if applicable; or | ||
| (3) the requirements for tree planting methods and | ||
| best management practices to ensure that the tree grows to the | ||
| anticipated height at maturity. | ||
| (f) This section does not apply to property within five | ||
| miles of a federal military base in active use as of September 1, | ||
| 2017. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a tree mitigation fee assessed by a municipality on or after the | ||
| effective date of this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
