| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a tree planting credit to offset tree mitigation fees |
|
|
imposed by a municipality. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 212, Local Government |
|
|
Code, is amended by adding Section 212.905 to read as follows: |
|
|
Sec. 212.905. TREE MITIGATION FEE CREDIT FOR PLANTED TREES. |
|
|
(a) A municipality that imposes a tree mitigation fee for tree |
|
|
removal that is necessary for development or construction on a |
|
|
person's property that is located in the municipality must allow |
|
|
that person to apply for a credit for tree planting under this |
|
|
section to offset the amount of the fee. |
|
|
(b) An application for a credit under Subsection (a) must be |
|
|
in the form and manner prescribed by the municipality. The tree |
|
|
must be planted on property located in the municipality either |
|
|
owned by the person or mutually agreed upon by the municipality and |
|
|
the person. |
|
|
(c) The amount of a credit provided to a person under this |
|
|
section must be applied in the same manner as the tree mitigation |
|
|
fee assessed against the person. If the amount of the tree |
|
|
mitigation fee is based on the size of the tree being removed, the |
|
|
amount of the credit must be based on at least 60 percent of the |
|
|
projected size of the planted tree at full maturity. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
a tree mitigation fee assessed by a municipality on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |