Bill Text: TX HB70 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to a property owner's right to remove a tree or vegetation.
Spectrum: Partisan Bill (Republican 44-2)
Status: (Introduced - Dead) 2017-07-25 - Left pending in committee [HB70 Detail]
Download: Texas-2017-HB70-Introduced.html
| 85S10320 JTS-F | ||
| By: Workman | H.B. No. 70 | |
|
|
||
|
|
||
| relating to a property owner's right to remove a tree or vegetation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 240.909(b), Local Government Code, is | ||
| amended to read as follows: | ||
| (b) Notwithstanding Section 250.009, the [ |
||
| commissioners court of a county subject to this section may | ||
| prohibit or restrict the clear-cutting of live oak trees in the | ||
| unincorporated area of the county. | ||
| SECTION 2. The heading to Chapter 250, Local Government | ||
| Code, is amended to read as follows: | ||
| CHAPTER 250. MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY | ||
| [ |
||
| SECTION 3. Chapter 250, Local Government Code, is amended | ||
| by adding Section 250.009 to read as follows: | ||
| Sec. 250.009. REMOVAL OF TREE OR VEGETATION. (a) Except as | ||
| provided by Subsection (b) and Section 240.909, a municipality, | ||
| county, or other political subdivision may not enact or enforce any | ||
| ordinance, rule, or other regulation that restricts the ability of | ||
| a property owner to remove a tree or vegetation on the owner's | ||
| property, including a regulation that requires the owner to file an | ||
| affidavit or notice before removing the tree or vegetation. | ||
| (b) This section does not prevent the enforcement of an | ||
| ordinance, rule, or other regulation designed to mitigate | ||
| tree-borne diseases as recommended by the Texas A&M Forest Service. | ||
| SECTION 4. Chapter 202, Property Code, is amended by adding | ||
| Section 202.013 to read as follows: | ||
| Sec. 202.013. REGULATION OF TREE OR VEGETATION REMOVAL. | ||
| (a) A property owners' association may not include or enforce a | ||
| provision in a dedicatory instrument that restricts the ability of | ||
| a property owner to remove a tree or vegetation on the owner's | ||
| property, including a provision that requires the owner to file an | ||
| affidavit or notice before removing the tree or vegetation. | ||
| (b) This section does not apply to: | ||
| (1) a provision in a dedicatory instrument designed to | ||
| mitigate tree-borne disease as recommended by the Texas A&M Forest | ||
| Service; or | ||
| (2) an area of an owner's property that is in a | ||
| specified drainage or conservation easement shown on a plat | ||
| recorded with the applicable political subdivision. | ||
| SECTION 5. Section 202.013, Property Code, as added by this | ||
| Act, applies to a dedicatory instrument without regard to whether | ||
| the dedicatory instrument takes effect or is renewed before, on, or | ||
| after the effective date of this Act. | ||
| SECTION 6. This Act takes effect December 1, 2017. | ||
