Amend CSHB 7 (senate committee report) in SECTION 2 of the bill as follows:

(1)  In added Section 212.905, Local Government Code (page 2, between lines 25 and 26), insert the following appropriately lettered subsection:

( )  A municipality may not prohibit a person from removing a tree or require the person to plant a replacement tree or pay a tree mitigation fee for the removed tree if the tree:

(1)  is located on a property that is an existing one-family or two-family dwelling that is the person's residence; and

(2)  is less than 10 inches in diameter at the point on the trunk 4.5 feet above the ground.

(2)  In added Section 212.905(e), Local Government Code, strike Subparagraphs 212.905(e)(2)(A) and (B) (page 2, lines 53 to 57) and insert the following:

(A)  the property is a residential structure or pertains to the development, construction, or renovation of a residential structure; and

(B)  the person is developing, constructing or renovating the property not for use as the person's residence; or

(3)  In added Section 212.905(f), Local Government Code (page 3, lines 6 to 7), strike ", except that a tree mitigation fee may not exceed $400".

(4)  In added Section 212.905(g), Local Government Code (page 3, line 8), between "not" and "impose", insert "prohibit the removal of or".

(5)  Strike added Section 212.905(h), Local Government Code (page 3, lines 13 through 19).

(6)  Reletter subsections of Section 212.905, Local Government Code, and cross-references to those subsections as appropriate.