|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the calculation of tree mitigation fees charged by a |
|
municipality in connection with a permit. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter Z, Chapter 212, Local Government |
|
Code, is amended by adding Section 212.905 to read as follows: |
|
Sec. 212.905. CALCULATION OF MITIGATION FEES CHARGED OR |
|
ASSESSED BY A MUNICIPALITY. (a) If a municipality requires, as a |
|
condition for the approval of a permit, that the applicant pay to |
|
the City or to a third party a tree mitigation fee to offset the |
|
impacts of the activity that the permit will authorize, the amount |
|
of the tree mitigation fee shall be roughly proportionate to the |
|
impacts of the activity on the public. |
|
(b) A permit applicant who disputes the determination made |
|
under Subsection (a) may appeal to the governing body of the |
|
municipality. At the appeal, the developer may present evidence |
|
and testimony under procedures adopted by the governing body. |
|
After hearing any testimony and reviewing the evidence, the |
|
governing body shall make the applicable determination within 30 |
|
days following the final submission of any testimony or evidence by |
|
the developer. |
|
(c) A permit applicant may appeal the determination of the |
|
governing body to a county or district court of the county in which |
|
the activity to be permitted is or will be located within 30 days of |
|
the final determination by the governing body. The municipality |
|
shall have to the burden of proof that the amount of the tree |
|
mitigation is roughly proportionate to the public impact of the |
|
activity to be permitted. |
|
(d) A municipality may not require a permit applicant to |
|
waive the right of appeal authorized by this section as a condition |
|
of approval of the permit. |
|
(e) A permit applicant who pays a tree mitigation fee |
|
described in subsection (a) and undertakes the activity under the |
|
permit does not waive the right of appeal provided in subsections |
|
(b) and (c). |
|
(f) A permit applicant who prevails in an appeal under this |
|
section is entitled to applicable costs and to reasonable |
|
attorney's fees, including expert witness fees. |
|
(g) This section does not diminish the authority or modify |
|
the procedures specified by Chapter 395. |
|
SECTION 2. The change in law made by this Act applies to the |
|
approval of a development project that is not finally adjudicated |
|
before the effective date of this Act. |
|
SECTION 3. 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, 2011. |