By Greenberg H.B. No. 1559
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of tree planting and other urban
1-3 forestry practices to protect and maintain the state's urban forest
1-4 resources.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 88, Education Code, is amended by adding
1-7 Subchapter G to read as follows:
1-8 SUBCHAPTER G. URBAN AND COMMUNITY FORESTRY
1-9 Sec. 88.551. SHORT TITLE. This subchapter may be cited as
1-10 the Texas-Grown Urban and Community Forest Act.
1-11 Sec. 88.552. PURPOSE. The purpose of this subchapter is to:
1-12 (1) improve understanding of the benefits of
1-13 preserving existing tree cover in urban areas and communities;
1-14 (2) encourage owners of private residences and
1-15 commercial properties to maintain trees and to expand forest cover
1-16 on their properties;
1-17 (3) provide educational programs and technical
1-18 assistance to local governments and organizations to maintain and
1-19 protect existing forests and to identify sites for expanding forest
1-20 cover;
1-21 (4) provide assistance through competitive matching
1-22 grants to local units of government, to approved charitable
1-23 organizations that meet the requirements of Section 501(c)(3) of
1-24 the Internal Revenue Code of 1986, and to other local community
2-1 tree volunteer groups for urban and community forestry projects;
2-2 (5) coordinate the activities of various state
2-3 agencies to maximize the state resources available to establish and
2-4 protect as much tree cover on public lands as practical;
2-5 (6) establish a tree planting program to reduce carbon
2-6 dioxide emissions, conserve energy, and improve air and water
2-7 quality in addition to providing other environmental benefits;
2-8 (7) mitigate the loss of trees caused by the clearing
2-9 of land or urbanization;
2-10 (8) promote local tree production in Texas; and
2-11 (9) decrease energy consumption by providing shade,
2-12 blocking winds, and adding moisture to the air.
2-13 Sec. 88.553. DEFINITIONS. In this subchapter:
2-14 (1) "Director" has the meaning assigned by Section
2-15 88.101 of this code.
2-16 (2) "Forest service" means the Texas Forest Service.
2-17 Sec. 88.554. GENERAL AUTHORITY OF DIRECTOR. (a) The
2-18 director may provide financial, technical, and related assistance
2-19 to a unit of local government and to other persons to encourage
2-20 cooperative efforts to plan urban forestry programs to plant,
2-21 protect, and maintain trees in open spaces, parks, roadside
2-22 corridors, and other suitable public and private lands.
2-23 (b) The director may cooperate with members of the public,
2-24 including private nonprofit organizations and units of local
2-25 government, in providing assistance under Subsection (a) of this
2-26 section.
2-27 Sec. 88.555. EDUCATION AND TECHNICAL ASSISTANCE PROGRAM.
3-1 The director, in cooperation with other state officials, local
3-2 governments, and interested members of the public, shall implement
3-3 a program of education and technical assistance for urban and
3-4 community forest resources. The director shall design the program
3-5 to:
3-6 (1) assist urban areas and communities in inventorying
3-7 their forest resources, identifying planting opportunities and tree
3-8 maintenance or management needs, and preparing resource development
3-9 and management plans for trees and related resources; and
3-10 (2) increase public understanding of the energy
3-11 conservation, economic, social, environmental, and psychological
3-12 value of trees and open space in urban and community environments.
3-13 Sec. 88.556. COST-SHARE PROGRAM. (a) The director shall
3-14 establish an urban and community forestry challenge cost-share
3-15 program. The program shall provide money and other support to
3-16 eligible communities and organizations on a competitive basis for
3-17 urban and community projects. The director shall make awards under
3-18 the program at a frequency and in accordance with criteria
3-19 determined by the director. In developing the criteria, the
3-20 director may consider recommendations of the National Urban and
3-21 Community Forestry Advisory Council, the Texas Urban Forestry
3-22 Advisory Council, and appropriate nonprofit organizations organized
3-23 to promote urban forestry.
3-24 (b) The share of support provided under this section from
3-25 the urban and community forestry fund may not exceed 50 percent of
3-26 the cost for a project and shall be provided on a matching basis.
3-27 The match for the share from the fund may be in the form of cash,
4-1 services, or in-kind contributions.
4-2 (c) The forest service may adopt rules necessary or
4-3 appropriate to administer and achieve the purpose of this
4-4 subchapter.
4-5 Sec. 88.557. URBAN AND COMMUNITY FORESTRY FUND. (a) A
4-6 special revolving fund is established as a dedicated account within
4-7 the general revenue fund. The fund may be used only to purchase
4-8 plants from firms with a valid Nurser/Floral Inspection Certificate
4-9 from the Texas Department of Agriculture, to administer this
4-10 subchapter, and to provide funding for the programs established by
4-11 this subchapter.
4-12 (b) The fund consists of:
4-13 (1) federal and state grants;
4-14 (2) money from nursery owner, dealer, and agent
4-15 registration fees paid to the Department of Agriculture;
4-16 (3) private contributions; and
4-17 (4) depository interest and investment income earned
4-18 on amounts in the fund.
4-19 (c) The state treasurer is the custodian of the fund. The
4-20 comptroller shall issue warrants for the fund supported only by
4-21 vouchers signed by the director.
4-22 Sec. 88.558. TEXAS URBAN AND COMMUNITY FORESTRY ACTION PLAN.
4-23 (a) The director shall prepare a Texas urban and community
4-24 forestry action plan. The director, in preparing the plan, may
4-25 consult with the National Urban and Community Forestry Advisory
4-26 Council established under 16 U.S.C. Section 2105(g), the Texas
4-27 Urban Forestry Advisory Council, and the members of the Texas Green
5-1 Industry Council. The plan must include:
5-2 (1) an assessment of the status of urban forest
5-3 resources in the state;
5-4 (2) a review of urban and community forestry programs
5-5 in the state, including education and technical assistance
5-6 activities conducted by the forest service, other state agencies,
5-7 local governments, private nonprofit organizations, and other
5-8 interested persons;
5-9 (3) recommendations for improving the status of the
5-10 state's urban and community forest resources, including education,
5-11 technical assistance, and modifications regarding existing programs
5-12 of relevant state agencies;
5-13 (4) an evaluation of projects under the cost-share
5-14 program; and
5-15 (5) an estimate of the resources needed to implement
5-16 the plan for the 10 fiscal years following the adoption of the
5-17 plan.
5-18 (b) The director shall revise the plan every 10 years.
5-19 (c) On completion of the plan, the director shall submit the
5-20 plan to the governor, the house of representatives committees on
5-21 agriculture and wildlife and on natural resources, and the senate
5-22 committee on natural resources. Not later than December 31 of the
5-23 second year after the year in which the plan is submitted and on
5-24 December 31 of each subsequent second year, the director shall
5-25 submit to the governor a review of the plan.
5-26 SECTION 2. Subchapter B, Chapter 71, Agriculture Code, is
5-27 amended by adding Section 71.061 to read as follows:
6-1 Sec. 71.061. DEDICATION OF PORTION OF FEES. Not later than
6-2 the 10th day of each month, the department shall send to the state
6-3 treasurer an amount equal to $15 for each nursery owner, dealer, or
6-4 agent registration or renewal fee received in the previous month.
6-5 The state treasurer shall deposit the money to the credit of the
6-6 urban and community forest fund established under Section 88.557,
6-7 Education Code.
6-8 SECTION 3. (a) The Department of Agriculture shall increase
6-9 by $15 the registration fee charged for the registration or the
6-10 renewal of registration of a nursery owner, dealer, or agent under
6-11 Section 71.043 or 71.057, Agriculture Code. The increase in the
6-12 registration or renewal fee applies to a nursery owner, dealer, or
6-13 agent of any class but does not apply to a florist unless the
6-14 florist is also a nursery owner, or a nursery dealer or agent as
6-15 those terms are defined by Section 71.057, Agriculture Code.
6-16 (b) The increase in fees and the Department of Agriculture's
6-17 duty to send money to the state treasurer provided by this section
6-18 apply only to an application for registration or renewal of
6-19 registration filed with the Department of Agriculture on or after
6-20 the effective date of the rules increasing the fees. That date may
6-21 not be later than December 1, 1993, and must be published by the
6-22 Department of Agriculture in the Texas Register.
6-23 SECTION 4. The director of the Texas Forest Service shall
6-24 prepare the initial plan required under Section 88.558, Education
6-25 Code, as added by this Act, not later than September 1, 1994.
6-26 SECTION 5. This Act takes effect September 1, 1993.
6-27 SECTION 6. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended.