TITLE: Relating to the types of trees a governmental entity is authorized to plant on public property.

SUMMARY: Relating to the types of trees a governmental entity is authorized to plant on public property.

FULL TEXT:
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.