73R2648 JJT-D
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. LEGISLATIVE FINDINGS. The legislature finds
1-12 that:
1-13 (1) the health of forests in urban areas and
1-14 communities in Texas is on the decline;
1-15 (2) forest lands, shade trees, and open space in urban
1-16 areas and communities improve the quality of life for residents;
1-17 (3) forest lands and associated natural resources
1-18 enhance the economic value of residential and commercial property
1-19 in urban and community settings;
1-20 (4) urban trees can provide significant help to reduce
1-21 the buildup of excessive carbon dioxide in the atmosphere, reduce
1-22 energy consumption, and mitigate the urban heat island effect, thus
1-23 contributing to efforts to reduce global warming trends;
1-24 (5) efforts to encourage tree plantings and to protect
2-1 existing open spaces in urban areas and communities can contribute
2-2 to social well-being and can promote a sense of community in these
2-3 areas;
2-4 (6) urban forests mitigate storm surges, provide
2-5 watershed protection, and act as natural filters to reduce nonpoint
2-6 source pollution;
2-7 (7) diseases, including oak wilt, have devastated tens
2-8 of thousands of acres of trees and there is an urgent need to
2-9 reforest those lands; and
2-10 (8) money expended by private and public partnerships
2-11 for urban and community forestry projects will generate employment,
2-12 stimulate Texas businesses, and strengthen the economy of Texas.
2-13 Sec. 88.553. PURPOSE. The purpose of this subchapter is to:
2-14 (1) improve understanding of the benefits of
2-15 preserving existing tree cover in urban areas and communities;
2-16 (2) encourage owners of private residences and
2-17 commercial properties to maintain trees and to expand forest cover
2-18 on their properties;
2-19 (3) provide educational programs and technical
2-20 assistance to local governments and organizations to maintain and
2-21 protect existing forests and to identify sites for expanding forest
2-22 cover;
2-23 (4) provide assistance through competitive matching
2-24 grants to local units of government, to approved charitable
2-25 organizations that meet the requirements of Section 501(c)(3) of
2-26 the Internal Revenue Code of 1986, and to other local community
2-27 tree volunteer groups for urban and community forestry projects;
3-1 (5) coordinate the activities of various state
3-2 agencies to maximize the state resources available to establish and
3-3 protect as much tree cover on public lands as practical;
3-4 (6) establish a tree planting program to reduce carbon
3-5 dioxide emissions, conserve energy, and improve air and water
3-6 quality in addition to providing other environmental benefits;
3-7 (7) mitigate the loss of trees caused by the clearing
3-8 of land or urbanization;
3-9 (8) promote local tree production in Texas; and
3-10 (9) decrease energy consumption by providing shade,
3-11 blocking winds, and adding moisture to the air.
3-12 Sec. 88.554. DEFINITIONS. In this subchapter:
3-13 (1) "Director" has the meaning assigned by Section
3-14 88.101 of this code.
3-15 (2) "Forest service" means the Texas Forest Service.
3-16 Sec. 88.555. GENERAL AUTHORITY OF DIRECTOR. (a) The
3-17 director may provide financial, technical, and related assistance
3-18 to a unit of local government and to other persons to encourage
3-19 cooperative efforts to plan urban forestry programs to plant,
3-20 protect, and maintain trees in open spaces, parks, roadside
3-21 corridors, and other suitable public and private lands.
3-22 (b) The director may cooperate with members of the public,
3-23 including private nonprofit organizations and units of local
3-24 government, in providing assistance under Subsection (a) of this
3-25 section.
3-26 Sec. 88.556. EDUCATION AND TECHNICAL ASSISTANCE PROGRAM.
3-27 The director, in cooperation with other state officials, local
4-1 governments, and interested members of the public, shall implement
4-2 a program of education and technical assistance for urban and
4-3 community forest resources. The director shall design the program
4-4 to:
4-5 (1) assist urban areas and communities in inventorying
4-6 their forest resources, identifying planting opportunities and tree
4-7 maintenance or management needs, and preparing resource development
4-8 and management plans for trees and related resources; and
4-9 (2) increase public understanding of the energy
4-10 conservation, economic, social, environmental, and psychological
4-11 value of trees and open space in urban and community environments.
4-12 Sec. 88.557. COST-SHARE PROGRAM. (a) The director shall
4-13 establish an urban and community forestry challenge cost-share
4-14 program. The program shall provide money and other support to
4-15 eligible communities and organizations on a competitive basis for
4-16 urban and community projects. The director shall make awards under
4-17 the program at a frequency and in accordance with criteria
4-18 determined by the director. In developing the criteria, the
4-19 director shall consider recommendations of the National Urban and
4-20 Community Forestry Advisory Council, the Texas Urban Forestry
4-21 Advisory Council, and appropriate nonprofit organizations organized
4-22 to promote urban forestry.
4-23 (b) The share of support provided under this section from
4-24 the urban and community forestry fund may not exceed 50 percent of
4-25 the cost for a project and shall be provided on a matching basis.
4-26 The match for the share from the fund may be in the form of cash,
4-27 services, or in-kind contributions.
5-1 (c) The forest service may adopt rules necessary or
5-2 appropriate to administer and achieve the purpose of this
5-3 subchapter.
5-4 Sec. 88.558. URBAN AND COMMUNITY FORESTRY FUND. (a) A
5-5 special revolving fund is established outside the state treasury to
5-6 be known as the urban and community forestry fund. The fund may be
5-7 used only to administer this subchapter and to provide funding for
5-8 the programs established by this subchapter.
5-9 (b) The fund consists of:
5-10 (1) federal and state grants;
5-11 (2) money from nursery owner, dealer, and agent
5-12 registration fees paid to the Department of Agriculture;
5-13 (3) private contributions; and
5-14 (4) depository interest and investment income earned
5-15 on amounts in the fund.
5-16 (c) The state treasurer is the custodian of the fund. The
5-17 comptroller shall issue warrants for the fund supported only by
5-18 vouchers signed by the director.
5-19 Sec. 88.559. TEXAS URBAN AND COMMUNITY FORESTRY ACTION PLAN.
5-20 (a) The director shall prepare a Texas urban and community
5-21 forestry action plan. The director, in preparing the plan, shall
5-22 consult with the National Urban and Community Forestry Advisory
5-23 Council established under 16 U.S.C. Section 2105(g), and the Texas
5-24 Urban Forestry Advisory Council and may consult with a private,
5-25 nonprofit organization formed to promote urban forestry. The plan
5-26 must include:
5-27 (1) an assessment of the status of urban forest
6-1 resources in the state;
6-2 (2) a review of urban and community forestry programs
6-3 in the state, including education and technical assistance
6-4 activities conducted by the forest service, other state agencies,
6-5 local governments, private nonprofit organizations, and other
6-6 interested persons;
6-7 (3) recommendations for improving the status of the
6-8 state's urban and community forest resources, including education,
6-9 technical assistance, and modifications regarding existing programs
6-10 of relevant state agencies;
6-11 (4) an evaluation of projects under the cost-share
6-12 program; and
6-13 (5) an estimate of the resources needed to implement
6-14 the plan for the 10 fiscal years following the adoption of the
6-15 plan.
6-16 (b) The director shall revise the plan every 10 years.
6-17 (c) On completion of the plan, the director shall submit the
6-18 plan to the governor, the house of representatives committees on
6-19 agriculture and wildlife and on natural resources, and the senate
6-20 committee on natural resources. Not later than December 31 of the
6-21 second year after the year in which the plan is submitted and on
6-22 December 31 of each subsequent second year, the director shall
6-23 submit to the governor a review of the plan.
6-24 SECTION 2. Subchapter B, Chapter 71, Agriculture Code, is
6-25 amended by adding Section 71.061 to read as follows:
6-26 Sec. 71.061. DEDICATION OF PORTION OF FEES. Not later than
6-27 the 10th day of each month, the department shall send to the state
7-1 treasurer an amount equal to $15 for each nursery owner, dealer, or
7-2 agent registration or renewal fee received in the previous month.
7-3 The state treasurer shall deposit the money to the credit of the
7-4 urban and community forest fund established under Section 88.558,
7-5 Education Code.
7-6 SECTION 3. (a) The Department of Agriculture shall increase
7-7 by $15 the registration fee charged for the registration or the
7-8 renewal of registration of a nursery owner, dealer, or agent under
7-9 Section 71.043 or 71.057, Agriculture Code. The increase in the
7-10 registration or renewal fee applies to a nursery owner, dealer, or
7-11 agent of any class but does not apply to a florist unless the
7-12 florist is also a nursery owner, or a nursery dealer or agent as
7-13 those terms are defined by Section 71.057, Agriculture Code.
7-14 (b) The increase in fees and the Department of Agriculture's
7-15 duty to send money to the state treasurer provided by this section
7-16 apply only to an application for registration or renewal of
7-17 registration filed with the Department of Agriculture on or after
7-18 the effective date of the rules increasing the fees. That date may
7-19 not be later than December 1, 1993, and must be published by the
7-20 Department of Agriculture in the Texas Register.
7-21 SECTION 4. The director of the Texas Forest Service shall
7-22 prepare the initial plan required under Section 88.559, Education
7-23 Code, as added by this Act, not later than September 1, 1994.
7-24 SECTION 5. This Act takes effect September 1, 1993.
7-25 SECTION 6. The importance of this legislation and the
7-26 crowded condition of the calendars in both houses create an
7-27 emergency and an imperative public necessity that the
8-1 constitutional rule requiring bills to be read on three several
8-2 days in each house be suspended, and this rule is hereby suspended.