| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to granting certain counties authority to regulate the |
|
|
cutting of certain trees; providing a penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 240, Local Government |
|
|
Code, is amended by adding Section 240.909 to read as follows: |
|
|
Sec. 240.909. REGULATION OF TREE CUTTING IN CERTAIN |
|
|
COUNTIES. (a) This section applies only to a county with a |
|
|
population of 50,000 or less that borders the Gulf of Mexico and in |
|
|
which is located at least one state park and one national wildlife |
|
|
refuge. |
|
|
(b) 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. |
|
|
(c) A person commits an offense if the person violates an |
|
|
order adopted under this section and the order defines the |
|
|
violation as an offense. An offense under this section is |
|
|
prosecuted in the same manner as an offense defined under state law. |
|
|
(d) The county attorney or an attorney representing the |
|
|
county may file an action in district court to enjoin a violation or |
|
|
threatened violation of an order adopted under this section. The |
|
|
court may grant appropriate relief. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |