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A BILL TO BE ENTITLED
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AN ACT
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relating to the types of trees a governmental entity is authorized |
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to plant on public property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 10, Government Code, is |
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amended by adding Chapter 2207 to read as follows: |
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CHAPTER 2207. PLANTING OF TREES ON PUBLIC PROPERTY |
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Sec. 2207.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" has the meaning assigned by |
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Section 2051.041. |
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(2) "Native tree" means a species of tree that is indigenous |
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to this state. |
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(3) "Service" means the Texas A&M AgriLife Extension |
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Service. |
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Sec. 2207.002. NATIVE TREES REQUIRED ON PUBLIC PROPERTY. |
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(a) Except as otherwise provided by Section 443.016 and subject to |
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Section 2155.444(d), a governmental entity and any contractor or |
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subcontractor of the governmental entity may not plant a species of |
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tree other than a native tree on public property. |
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Sec. 2207.003. EXCEPTIONS. (a) Except as otherwise |
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provided by Section 443.016 and subject to Section 2155.444(d), a |
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governmental entity may authorize the use of a species of tree that |
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is not on the list of native trees developed by service under |
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Section 2207.004 if: |
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(1) the use of a species of nonindigenous tree has a |
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genuine historical significance in relation to the governmental |
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entity and the governing board of the entity adopts a resolution |
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authorizing the planting of a species of nonindigenous tree and |
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explaining the historical significance of the species of |
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nonindigenous tree to the governmental entity; or |
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(2) the use of a species of nonindigenous tree by the |
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governmental entity is primarily for educational, scientific, or |
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research purposes. |
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Sec. 2207.004. LIST OF NATIVE TREES. (a) The service shall |
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develop and maintain a list identifying native tree species found |
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throughout this state. |
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(b) The list shall include a description of each species of |
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native tree, their ecological significance, growth patterns, and |
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any other information the service deems necessary. The list shall |
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be updated periodically to reflect any changes in native tree |
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populations or scientific understanding. |
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(c) In preparing or updating the list, the service may |
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collaborate with relevant state and federal agencies, as well as |
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academic institutions, to support the development, distribution, |
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and utilization of the list. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for which a governmental entity first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation on or after the effective date of this |
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Act. A contract for which a governmental entity first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications or |
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makes a similar solicitation before the effective date of this Act |
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is governed by the law in effect on the date the advertisement or |
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solicitation is made, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |