bill letting government plant only native Texas trees

The text as introduced · 478 words

By: Cain
H.B. No. 3054

A BILL TO BE ENTITLED

AN ACT

relating to the types of trees a governmental entity is authorized

to plant on public property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 10, Government Code, is

amended by adding Chapter 2207 to read as follows:

CHAPTER 2207. PLANTING OF TREES ON PUBLIC PROPERTY

Sec. 2207.001. DEFINITIONS. In this chapter:

(1) "Governmental entity" has the meaning assigned by

Section 2051.041.

(2) "Native tree" means a species of tree that is indigenous

to this state.

(3) "Service" means the Texas A&M AgriLife Extension

Service.

Sec. 2207.002. NATIVE TREES REQUIRED ON PUBLIC PROPERTY.

(a) Except as otherwise provided by Section 443.016 and subject to

Section 2155.444(d), a governmental entity and any contractor or

subcontractor of the governmental entity may not plant a species of

tree other than a native tree on public property.

Sec. 2207.003. EXCEPTIONS. (a) Except as otherwise

provided by Section 443.016 and subject to Section 2155.444(d), a

governmental entity may authorize the use of a species of tree that

is not on the list of native trees developed by service under

Section 2207.004 if:

(1) the use of a species of nonindigenous tree has a

genuine historical significance in relation to the governmental

entity and the governing board of the entity adopts a resolution

authorizing the planting of a species of nonindigenous tree and

explaining the historical significance of the species of

nonindigenous tree to the governmental entity; or

(2) the use of a species of nonindigenous tree by the

governmental entity is primarily for educational, scientific, or

research purposes.

Sec. 2207.004. LIST OF NATIVE TREES. (a) The service shall

develop and maintain a list identifying native tree species found

throughout this state.

(b) The list shall include a description of each species of

native tree, their ecological significance, growth patterns, and

any other information the service deems necessary. The list shall

be updated periodically to reflect any changes in native tree

populations or scientific understanding.

(c) In preparing or updating the list, the service may

collaborate with relevant state and federal agencies, as well as

academic institutions, to support the development, distribution,

and utilization of the list.

SECTION 2. The change in law made by this Act applies only

to a contract for which a governmental entity first advertises or

otherwise solicits bids, proposals, offers, or qualifications or

makes a similar solicitation on or after the effective date of this

Act. A contract for which a governmental entity first advertises or

otherwise solicits bids, proposals, offers, or qualifications or

makes a similar solicitation before the effective date of this Act

is governed by the law in effect on the date the advertisement or

solicitation is made, and that law is continued in effect for that

purpose.

SECTION 3. This Act takes effect September 1, 2025.