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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership and local regulation of trees and timber. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Natural Resources Code, is amended by |
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adding Chapter 154 to read as follows: |
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CHAPTER 154. OWNERSHIP AND LOCAL REGULATION OF TREES AND TIMBER |
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Sec. 154.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means a political |
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subdivision of the state, including: |
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(A) a municipality; and |
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(B) a county. |
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(2) "Removal of a tree" means the harvesting, cutting, |
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or destruction of a tree, including the damaging of a tree in a way |
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that will cause the death of the tree on or before the first |
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anniversary of the date of the damage, as determined by a |
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governmental entity. |
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Sec. 154.002. OWNERSHIP OF TREES AND TIMBER. A landowner |
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owns all trees and timber located on the landowner's land as a part |
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of the real property until cut or otherwise removed from the land, |
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unless otherwise provided by a contract, bill of sale, deed, |
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mortgage, deed of trust, or other legally binding document. |
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Sec. 154.003. LOCAL REGULATION OF TREES AND TIMBER. (a) A |
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governmental entity may not prohibit a landowner from trimming or |
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removing trees or timber located on the landowner's land. |
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(b) Notwithstanding any other law, a municipality may not |
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regulate the trimming or removal of trees or timber in the |
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extraterritorial jurisdiction of the municipality. |
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(c) This section does not affect the authority of a county |
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to regulate the cutting of trees under Section 240.909, Local |
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Government Code. |
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(d) This section does not apply to the facilities or |
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operations of an electric utility or a transmission and |
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distribution utility, as those terms are defined by Section 31.002, |
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Utilities Code. |
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Sec. 154.004. APPLICABILITY TO TREE TRIMMING OR REMOVAL IN |
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UTILITY RIGHT-OF-WAY. This chapter does not apply to the trimming |
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or removal of a tree in the easement or right-of-way of a pipeline |
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or utility line. |
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SECTION 2. This Act takes effect September 1, 2017. |