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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 85(R)

Senate Bill 744

Senate Author:  Kolkhorst et al.

Effective:  Vetoed

House Sponsor:  Phelan et al.


            Senate Bill 744 amends the Local Government Code to require a municipality that imposes a tree mitigation fee for tree removal that is necessary for development or construction on a person's property to allow that person to apply for a credit for tree planting to offset the amount of the fee.

 

Governor's Reason for Veto: "Cities telling landowners what they can and cannot do with the trees in their own backyard is an assault on private property rights. Senate Bill 744 appears to be a compromise bill that imposes a very minor restriction on some municipal tree ordinances.  But in doing so, it gives the imprimatur of state law to the municipal micromanagement of private property, which should be abolished altogether. This bill was well-intentioned, but by the end of the legislative process it actually ended up doing more to protect cities than it did to protect the rights of property owners. I applaud the bill authors for their efforts, but I believe we can do better for private property owners in the upcoming special session."