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A BILL TO BE ENTITLED
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AN ACT
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relating to landscape control along interstate and state highway |
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rights-of-way; imposing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 392, Transportation Code, |
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is amended by adding Section 392.004 to read as follows: |
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Sec. 392.004. LANDSCAPE MANAGEMENT PROGRAM. (a) In this |
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section, "landscape management" means trimming or removing |
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seedlings, saplings, trees, and vegetation on the state highway |
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system rights-of-way as necessary to provide suitable visibility to |
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adjacent businesses. |
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(b) The commission shall establish a landscape management |
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program in a manner consistent with this section that shall |
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include: |
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(1) a process for submitting and approving a request |
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for landscape management, including appropriate fees; |
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(2) an appeals process for approval or denial of a |
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request for landscape management. |
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(3) a method by which the applicant may mitigate |
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landscape management by either providing in-kind replacement of any |
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vegetation removed or reimbursing the department for its value. |
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(c) A person may not perform landscape management unless |
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approved by the commission under this section. |
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(d) A person commits an offense if the person performs |
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landscape management without first obtaining approval of the |
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commission under this section. An offense under this subsection is |
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a Class C misdemeanor. |
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(e) The commission may adopt rules necessary to implement |
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this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all 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, 2015. |