HB3054 - Relating to the types of trees a governmental entity is authorized to plant on public property.

      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.