BILL ANALYSIS

 

 

Senate Research Center

H.B. 7

85S10092 SCL-F

By: Phelan et al. (Kolkhorst)

 

Business & Commerce

 

8/3/2017

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Many Texas cities regulate the removal of trees from private property as development occurs. Some cities require the property owner to pay the city a mitigation fee as a condition for the issuance of a permit to remove a tree. Many cities have adopted ordinances and rules that calculate mitigation fees based on the cost of replacing a tree or a multiple of the replacement cost. Property owners who want to remove a tree are compelled to compensate the municipality as if the city owned the tree. The methods and values used to calculate tree removal mitigation fees and appeal rights vary greatly among cities. Currently, the only remedy an aggrieved person can pursue is to file a lawsuit.

 

H.B. 7 requires a municipality that imposes a tree mitigation fee that is necessary for development or construction to allow the developer to apply for a credit for tree planting to offset the fee. In order to qualify for the credit, a replacement tree must:

 

�         be planted on property where the original tree was cut down; or

 

�         be planted in a place mutually agreed upon by the city and the property owner; and

 

�         be at least two inches at diameter at 4.5 feet above the ground (this is called "breast height" in tree lingo).

 

The bill allows the landowners and city to consult with academic organizations, state agencies, and non-profits to determine the best place for replacement trees.

 

H.B. 7 requires that a tree planting credit be applied in the same manner as the tree mitigation fee and requires that the credit be at least 50 percent of the amount of the mitigation fee. The bill clarifies that it does not limit a city's power to determine the size, number, and type of replacement trees, the requirements for tree removal, and the best practices associated with tree planting. Finally, added Subsection (f) clarifies that this bill does not apply to property within five miles of a military base in active use as of December 1, 2017.

 

H.B. 7 amends current law relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter Z, Chapter 212, Local Government Code, by adding Section 212.905, as follows:

 

Sec. 212.905. TREE MITIGATION FEE CREDIT FOR PLANTED TREES. (a) Requires a municipality that imposes a tree mitigation fee for tree removal that is necessary for development or construction on a person's property to allow that person to apply for a credit for tree planting under this section to offset the amount of the fee.

 

(b) Requires that an application for a credit under Subsection (a) be in the form and manner prescribed by the municipality. Requires that a tree, to qualify for a credit under this section, be:

 

(1) planted on property:

 

(A) for which the tree mitigation fee was assessed; or

 

(B) mutually agreed upon by the municipality and the person; and

 

(2) at least two inches in diameter at the point on the trunk 4.5 feet above ground.

 

(c) Authorizes the municipality and the person, for purposes of Subsection (b)(1)(B), to consult with an academic organization, state agency, or nonprofit organization to identify an area for which tree planting will best address the science-based benefits of trees and other reforestation needs of the municipality.

 

(d) Requires that the amount of a credit provided to a person under this section be applied in the same manner as the tree mitigation fee assessed against the person and at least 50 percent of the amount of the tree mitigation fee assessed against the person.

 

(e) Provides that as long as the municipality meets the requirement to provide a person a credit under Subsection (a), this section does not affect the ability of or require a municipality to determine the size, number, and type of trees that are required to be planted to receive a credit under this section, except as provided by Subsection (b), the requirements for tree removal and corresponding tree mitigation fees, if applicable, or the requirements for tree planting methods and best management practices to ensure that the tree grows to the anticipated height at maturity.

 

(f) Provides that this section does not apply to property within five miles of a federal military base in active use as of December 1, 2017.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: December 1, 2017.