TITLE: Relating to landscape control along interstate and state highway rights-of-way; imposing a criminal penalty.

SUMMARY: Relating to landscape control along interstate and state highway rights-of-way; imposing a criminal penalty.

FULL TEXT:
AN ACT relating to landscape control along interstate and state highway rights-of-way; imposing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 392, Transportation Code, is amended by adding Section 392.004 to read as follows: Sec. 392.004. LANDSCAPE MANAGEMENT PROGRAM. (a) In this section, "landscape management" means trimming or removing seedlings, saplings, trees, and vegetation on the state highway system rights-of-way as necessary to provide suitable visibility to adjacent businesses. (b) The commission shall establish a landscape management program in a manner consistent with this section that shall include: (1) a process for submitting and approving a request for landscape management, including appropriate fees; (2) an appeals process for approval or denial of a request for landscape management. (3) a method by which the applicant may mitigate landscape management by either providing in-kind replacement of any vegetation removed or reimbursing the department for its value. (c) A person may not perform landscape management unless approved by the commission under this section. (d) A person commits an offense if the person performs landscape management without first obtaining approval of the commission under this section. An offense under this subsection is a Class Cmisdemeanor. (e) The commission may adopt rules necessary to implement this section. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39, Article III, Texas Constitution.