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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 85(1)

House Bill 7 (1st C.S.)

House Author:  Phelan et al.

Effective:  12-1-17

Senate Sponsor:  Kolkhorst et al.


            House Bill 7 amends the Local Government Code to require a municipality that imposes a tree mitigation fee for tree removal on a person's property to allow that person to apply for a credit for tree planting to offset the amount of the fee. The bill sets out criteria that a planted tree must meet to qualify for the credit and prescribes the credit amounts based on the type and use of the property. The bill prohibits a municipality from requiring a person to pay a tree mitigation fee for certain removed trees that are located on residential property and less than 10 inches in diameter. The bill prohibits a municipality from prohibiting the removal of or imposing a tree mitigation fee for the removal of a tree that is diseased or dead or that poses an imminent or immediate threat to persons or property.