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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 as |
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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 to remove a tree or vegetation on the owner's |
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property, including a regulation that requires the owner to file an |
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affidavit or notice before removing the tree or vegetation. |
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(b) This section does not prevent the enforcement of an |
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ordinance, rule, or other regulation designed to mitigate |
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tree-borne diseases as recommended by the Texas A&M Forest Service. |
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SECTION 4. Chapter 202, Property Code, is amended by adding |
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Section 202.013 to read as follows: |
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Sec. 202.013. REGULATION OF TREE OR VEGETATION REMOVAL. |
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(a) A property owners' association may not include or enforce a |
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provision in a dedicatory instrument that restricts the ability of |
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a property owner to remove a tree or vegetation on the owner's |
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property, including a provision that requires the owner to file an |
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affidavit or notice before removing the tree or vegetation. |
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(b) This section does not apply to: |
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(1) a provision in a dedicatory instrument designed to |
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mitigate tree-borne disease as recommended by the Texas A&M Forest |
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Service; or |
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(2) an area of an owner's property that is in a |
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specified drainage or conservation easement shown on a plat |
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recorded with the applicable political subdivision. |
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SECTION 5. Section 202.013, Property Code, as added by this |
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Act, applies to a dedicatory instrument without regard to whether |
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the dedicatory instrument takes effect or is renewed before, on, or |
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after the effective date of this Act. |
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SECTION 6. This Act takes effect December 1, 2017. |