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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of wildlife and wildlife habitat by a |
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home-rule municipality; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Health and Safety Code, is amended by |
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adding Chapter 830 to read as follows: |
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CHAPTER 830. WILDLIFE AND WILDLIFE HABITAT WITHIN MUNICIPALITIES |
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Sec. 830.001. DEFINITIONS. In this chapter: |
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(1) "Animal rescue nonprofit organization" means an |
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organization that: |
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(A) is exempt from federal income tax under |
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Section 501(a), Internal Revenue Code of 1986, and its subsequent |
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amendments, by being listed as an exempt organization under Section |
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501(c)(3) of that code; and |
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(B) is primarily engaged in the rehabilitation of |
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sick, injured, or orphaned wildlife located in the area served by |
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the organization. |
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(2) "Development project" means a project to develop a |
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site, or improve a developed site, for profit. |
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Sec. 830.002. IMPOSITION OF MITIGATION FEE. (a) A |
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home-rule municipality may impose on the developer of a development |
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project located within the corporate boundaries of the municipality |
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or the extraterritorial jurisdiction of the municipality a fee not |
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to exceed $100 for each acre or portion of an acre on which natural |
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vegetation is removed as part of the project. |
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(b) Chapter 395, Local Government Code, does not apply to a |
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fee imposed under this section. |
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Sec. 830.003. EXPENDITURE OF MONEY COLLECTED FROM FEE. A |
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municipality may spend money collected from a fee authorized by |
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Section 830.002 only to: |
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(1) support the rehabilitation of wildlife by an |
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animal rescue nonprofit organization that provides services in the |
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municipality; or |
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(2) mitigate the damage done to wildlife by a |
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development project's temporary or permanent removal of wildlife |
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habitat. |
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SECTION 2. Chapter 830, Health and Safety Code, as added by |
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this Act, applies only to a development project for which the first |
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permit or other written approval is granted by a municipality on or |
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after the effective date of this Act. A development project for |
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which the first permit or other written approval is granted by a |
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municipality before the effective date of this Act is governed by |
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the law in effect when the permit or other written approval was |
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granted, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |