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A BILL TO BE ENTITLED
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AN ACT
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relating to a tree planting credit to offset tree mitigation fees |
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imposed by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 212, Local Government |
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Code, is amended by adding Section 212.905 to read as follows: |
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Sec. 212.905. TREE MITIGATION FEE CREDIT FOR PLANTED TREES. |
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(a) A municipality that imposes a tree mitigation fee for tree |
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removal that is necessary for development or construction on a |
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person's property must allow that person to apply for a credit for |
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tree planting under this section to offset the amount of the fee. |
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(b) An application for a credit under Subsection (a) must be |
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in the form and manner prescribed by the municipality. To qualify |
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for a credit under this section, a tree must be: |
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(1) planted on property: |
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(A) for which the tree mitigation fee was |
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assessed; or |
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(B) mutually agreed upon by the municipality and |
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the person; and |
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(2) at least two inches in diameter at the point on the |
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trunk 4.5 feet above ground. |
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(c) For purposes of Subsection (b)(1)(B), the municipality |
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and the person may consult with an academic organization, state |
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agency, or nonprofit organization to identify an area for which |
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tree planting will best address the science-based benefits of trees |
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and other reforestation needs of the municipality. |
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(d) The amount of a credit provided to a person under this |
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section must be: |
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(1) applied in the same manner as the tree mitigation |
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fee assessed against the person; and |
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(2) at least 50 percent of the amount of the tree |
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mitigation fee assessed against the person. |
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(e) As long as the municipality meets the requirement to |
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provide a person a credit under Subsection (a), this section does |
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not affect the ability of or require a municipality to determine: |
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(1) the size, number, and type of trees that must be |
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planted to receive a credit under this section, except as provided |
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by Subsection (b); |
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(2) the requirements for tree removal and |
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corresponding tree mitigation fees, if applicable; or |
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(3) the requirements for tree planting methods and |
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best management practices to ensure that the tree grows to the |
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anticipated height at maturity. |
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(f) This section does not apply to property within five |
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miles of a federal military base in active use as of September 1, |
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2017. |
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SECTION 2. The changes in law made by this Act apply only to |
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a tree mitigation fee assessed by a municipality on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the 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 December 1, 2017. |