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A BILL TO BE ENTITLED
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AN ACT
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relating to a property owner's right to remove a tree or vegetation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 240.909(b), Local Government Code, is |
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amended to read as follows: |
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(b) Notwithstanding Section 250.009, the [The] |
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commissioners court of a county subject to this section may |
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prohibit or restrict the clear-cutting of live oak trees in the |
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unincorporated area of the county. |
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SECTION 2. The heading to Chapter 250, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 250. MISCELLANEOUS LOCAL GOVERNMENT REGULATORY AUTHORITY |
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[OF MUNICIPALITIES AND COUNTIES] |
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SECTION 3. Chapter 250, Local Government Code, is amended |
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by adding Section 250.009 to read as follows: |
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Sec. 250.009. REMOVAL OF TREE OR VEGETATION. (a) Except |
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as provided by Subsection (b) and Section 240.909, a municipality, |
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county, or other political subdivision may not enact or enforce any |
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ordinance, rule, or other regulation that restricts the ability of |
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a property owner of residential real property to remove a tree or |
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vegetation on the owner's property, including a regulation that |
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requires the owner to file an affidavit or notice before removing |
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the tree or vegetation. |
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(b) This section does not prevent the adoption or |
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enforcement by a municipality, county, or other political |
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subdivision of: |
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(1) a provision in a dedicatory instrument, as defined |
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by Section 202.001, Property Code, or restriction, as defined by |
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Section 212.152 of this code, that restricts the ability of a |
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property owner to remove a tree or vegetation on the owner's |
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property, including a standard, bylaw, rule, or regulation |
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enforcing a provision of a dedicatory instrument or restriction |
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that requires the owner to obtain approval for the removal or file |
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an affidavit, application, or notice before the removal; |
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(2) an ordinance, rule, or other regulation designed |
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to mitigate tree-borne diseases as recommended by the Texas A&M |
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Forest Service; |
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(3) an ordinance, rule, or other regulation related |
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to: |
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(A) high grass; or |
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(B) weed removal for the purpose of fire |
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prevention; or |
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(4) an ordinance, rule, or regulation applicable to a |
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person who owns a tract of land and who has divided or proposes to |
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divide the tract into 25 or more parts to lay out a subdivision of |
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the tract for the purpose of developing the land for sale as |
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residential property. |
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SECTION 4. This Act takes effect December 1, 2017. |