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A BILL TO BE ENTITLED
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AN ACT
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relating to tree mitigation fees imposed by municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 212, Local Government Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. MUNICIPAL TREE MITIGATION FEE |
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Sec. 212.191. APPLICABILITY. This subchapter applies to a |
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municipality that requires as a condition for approval of a permit |
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that an applicant pay the municipality or a third party a tree |
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mitigation fee. |
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Sec. 212.192. AMOUNT OF MUNICIPAL TREE MITIGATION FEE. A |
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municipality that requires a tree mitigation fee to offset the |
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impact of an activity that a municipal permit authorizes must set |
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the fee in an amount that is roughly proportionate to the impact |
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that the activity will have on the public. |
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Sec. 212.193. FILING OF APPEAL WITH MUNICIPALITY. A permit |
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applicant may appeal the amount of a tree mitigation fee set by a |
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municipality under this subchapter by filing an appeal with the |
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governing body of the municipality. The appeal must be in writing |
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and specify the grounds for the appeal. |
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Sec. 212.194. HEARING ON APPEAL TO MUNICIPALITY. (a) Not |
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later than the 30th day after the date the notice of appeal is filed |
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under Section 212.193, the governing body of the municipality shall |
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set a hearing for the appeal. |
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(b) At the hearing the permit applicant may present evidence |
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and witness testimony that is relevant to the tree mitigation fee |
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determination. |
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(c) The permit applicant may appear at the hearing in person |
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or by agent or attorney. |
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(d) Not later than the 30th day after the date the hearing |
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concludes, the governing body shall make a final determination |
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regarding the amount of the tree mitigation fee. |
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Sec. 212.195. APPEAL TO COUNTY OR DISTRICT COURT. (a) Not |
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later than the 30th day after the date the final determination is |
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made under Section 212.194, a permit applicant may appeal the |
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determination to a county or district court in the county in which |
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the activity to be permitted will occur. |
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(b) The municipality shall have the burden of proof to |
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establish that the amount of the tree mitigation fee is roughly |
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proportionate to the impact that the activity to be permitted will |
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have on the public. |
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(c) The court shall award attorney's fees and costs of court |
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to a permit applicant who prevails in a suit under this section. |
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Sec. 212.196. NO WAIVER OF RIGHT TO APPEAL. (a) A |
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municipality may not require a permit applicant to waive a right of |
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appeal under this subchapter as a condition for approval of a |
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permit. |
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(b) A permit applicant who pays a contested tree mitigation |
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fee does not waive a right of appeal under this subchapter by taking |
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an action authorized by a permit issued by the municipality. |
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Sec. 212.197. APPLICATION OF LAW RELATED TO CAPITAL |
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IMPROVEMENTS. This subchapter does not diminish the authority or |
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modify the procedures specified by Chapter 395. |
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SECTION 2. (a) Except as provided by Subsection (b) of |
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this section, the changes in law made by Subchapter H, Chapter 212, |
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Local Government Code, as added by this Act, apply only to a tree |
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mitigation fee assessed by a municipality on or after the effective |
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date of this Act. |
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(b) The changes in law made by Subchapter H, Chapter 212, |
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Local Government Code, as added by this Act, apply to a contested |
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tree mitigation fee assessed by a municipality before the effective |
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date of this Act if an appeal of the amount of the fee has not been |
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finally determined or adjudicated on the effective date of this |
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Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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