Bill Text: TX HB2673 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the calculation of tree mitigation fees charged by a municipality in connection with a permit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Urban Affairs [HB2673 Detail]
Download: Texas-2011-HB2673-Introduced.html
| 82R7314 T | ||
| By: Dutton | H.B. No. 2673 | |
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| relating to the calculation of tree mitigation fees charged by a | ||
| municipality in connection with a permit. | ||
| 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. CALCULATION OF MITIGATION FEES CHARGED OR | ||
| ASSESSED BY A MUNICIPALITY. (a) If a municipality requires, as a | ||
| condition for the approval of a permit, that the applicant pay to | ||
| the City or to a third party a tree mitigation fee to offset the | ||
| impacts of the activity that the permit will authorize, the amount | ||
| of the tree mitigation fee shall be roughly proportionate to the | ||
| impacts of the activity on the public. | ||
| (b) A permit applicant who disputes the determination made | ||
| under Subsection (a) may appeal to the governing body of the | ||
| municipality. At the appeal, the developer may present evidence | ||
| and testimony under procedures adopted by the governing body. | ||
| After hearing any testimony and reviewing the evidence, the | ||
| governing body shall make the applicable determination within 30 | ||
| days following the final submission of any testimony or evidence by | ||
| the developer. | ||
| (c) A permit applicant may appeal the determination of the | ||
| governing body to a county or district court of the county in which | ||
| the activity to be permitted is or will be located within 30 days of | ||
| the final determination by the governing body. The municipality | ||
| shall have to the burden of proof that the amount of the tree | ||
| mitigation is roughly proportionate to the public impact of the | ||
| activity to be permitted. | ||
| (d) A municipality may not require a permit applicant to | ||
| waive the right of appeal authorized by this section as a condition | ||
| of approval of the permit. | ||
| (e) A permit applicant who pays a tree mitigation fee | ||
| described in subsection (a) and undertakes the activity under the | ||
| permit does not waive the right of appeal provided in subsections | ||
| (b) and (c). | ||
| (f) A permit applicant who prevails in an appeal under this | ||
| section is entitled to applicable costs and to reasonable | ||
| attorney's fees, including expert witness fees. | ||
| (g) This section does not diminish the authority or modify | ||
| the procedures specified by Chapter 395. | ||
| SECTION 2. The change in law made by this Act applies to the | ||
| approval of a development project that is not finally adjudicated | ||
| before 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, 2011. | ||
