89th Legislature Regular Session

SB 1927

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 1927 proposes to amend Section 212.905 of the Texas Local Government Code to limit municipal authority over tree regulation on residential property, specifically regarding the Ashe juniper tree. Under current law, municipalities can impose tree mitigation fees or prohibit the removal of trees, with exceptions for dead, diseased, or dangerous trees. This bill expands the list of exemptions by adding Ashe juniper trees located on residential property to the types of trees a municipality cannot prohibit from being removed or charge a fee for removing.

The bill carves out an important exception: municipalities may still regulate the removal of Ashe juniper trees if the property is located within 15 miles of the boundary of a military base that conducts active training, and the county has a population of more than 2 million. This exception is likely designed to protect air quality, environmental buffers, or visibility corridors near large military installations, such as Joint Base San Antonio, which is located in Bexar County—a county that meets the population threshold.

Overall, SB 1927 is intended to streamline the ability of homeowners to manage Ashe juniper trees on their property without facing local bureaucratic barriers or costs. The bill reflects a balance between enhancing property rights and accommodating region-specific land use concerns tied to public safety and military readiness.

The key differences between the originally filed version of SB 1927 and the Committee Substitute lie in the scope and applicability of municipal restrictions on the removal of Ashe juniper trees. While both versions share the core objective of limiting municipal authority over these trees on residential property, the substitute version introduces critical exceptions that significantly narrow the bill’s reach.

In its originally filed form, SB 1927 would have uniformly prohibited all municipalities across Texas from either banning the removal of Ashe juniper trees or imposing mitigation fees for their removal on residential properties. This version placed Ashe junipers on equal footing with dead or dangerous trees in terms of regulatory exemption, offering a straightforward and broad protection to property owners statewide, regardless of location or local conditions.

The Committee Substitute, however, adopts a more nuanced approach by introducing a new subsection (h-1) that limits this protection in specific geographic contexts. Under the revised version, the exemption for Ashe juniper trees does not apply to areas within 15 miles of the boundary of a military base conducting active training if located in a county with a population of more than two million. This carveout appears designed to address concerns about land use near high-density urban areas and sensitive military zones, potentially to preserve vegetation buffers or support base-related environmental planning.

This adjustment reflects a legislative compromise—one that preserves private property rights for most Texans while allowing for localized regulatory control in areas where broader policy or strategic considerations may apply. It tempers the broad scope of the original bill, responding to stakeholder concerns without abandoning its core intent.
Author
Adam Hinojosa
Co-Author
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1927 is not expected to have any fiscal implication to the state. This assessment indicates that implementing the bill would not result in any new state-level costs or require additional resources from state agencies or the Legislature​.

Regarding local government impact, the fiscal note further states that no significant fiscal implication to units of local government is anticipated. While municipalities would lose the authority to collect tree mitigation fees specifically for Ashe juniper trees on residential properties (except in the designated military-adjacent, high-population areas), the LBB determined that this change would not substantially affect local revenues. This may be because Ashe juniper trees are not commonly subject to mitigation fees in many cities or because the financial contribution of such fees to local budgets is relatively minor.

In summary, the bill is considered to have a negligible fiscal impact, both at the state and local levels. This conclusion likely reflects the narrowly tailored nature of the bill, especially in its committee substitute form, which limits the applicability of its provisions in certain populous, high-stakes areas. As such, from a budgetary standpoint, the legislation poses no meaningful cost to government operations.

Vote Recommendation Notes

The bill clearly advances private property rights by limiting the authority of municipalities to regulate or impose fees for the removal of Ashe juniper trees on residential property. As the bill analysis notes, this provides relief to property owners from potentially burdensome local restrictions and enhances individual liberty over land use. The committee substitute version demonstrates legislative sensitivity by introducing reasonable exemptions—specifically, for areas near military bases in large urban counties—to accommodate unique land use or environmental considerations near strategic defense infrastructure.

From a fiscal perspective, the Legislative Budget Board confirmed that there is no anticipated fiscal impact to the state or significant financial burden on local governments. This strengthens the recommendation by showing that the bill aligns with limited government principles without introducing new costs or administrative complexities.

In terms of policy implications, the bill reflects a targeted approach to deregulation—curbing overreach in local governance while still maintaining regulatory flexibility where warranted. The absence of new rulemaking authority and the straightforward implementation language further reinforce the bill's alignment with core liberty principles, including limited government, individual responsibility, and private property rights.

Overall, the bill thoughtfully balances competing interests—environmental considerations, defense infrastructure, and homeowner autonomy—while maintaining low fiscal and administrative impact. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1927.

  • Individual Liberty: The bill increases the autonomy of Texans to make decisions that affect their health and property. Ashe juniper trees are known for contributing to allergy issues and can be considered a fire risk in rural areas. This legislation allows residents to address those concerns without going through a municipal permitting process or paying mitigation fees, giving individuals more direct control over their living environment.
  • Personal Responsibility: While the bill does enhance autonomy, it does not impose new responsibilities or educational components on property owners. It assumes that individuals will act responsibly in managing tree removal on their property, but it does not require or encourage any specific best practices or replanting efforts. Thus, its impact on this principle is modest.
  • Free Enterprise: Though not directly focused on commerce, the bill could reduce regulatory delays and costs for homeowners, landscapers, and small developers by simplifying tree removal processes. By eliminating municipal fees and permitting requirements for Ashe juniper removal, it creates a more business-friendly environment for property improvements and tree-related services. However, these benefits are likely modest in scale.
  • Private Property Rights: The bill reinforces the principle that individuals should have broad authority over their own land. By prohibiting municipalities from restricting the removal of Ashe juniper trees on residential property—or from charging tree mitigation fees for doing so—it affirms a homeowner's right to manage vegetation without unnecessary government interference. This protection upholds the idea that property owners, not local bureaucracies, are best positioned to make land use decisions that affect their personal space and welfare.
  • Limited Government: The bill directly limits the regulatory reach of municipal governments, curtailing their ability to impose fees or mandates regarding a common species of tree, the Ashe juniper. In doing so, it pushes back against what some may view as creeping local overregulation of private landscaping decisions. The inclusion of a targeted exemption—limited to military base buffer zones in counties with populations over 2 million—shows a measured application of regulatory rollback, balancing deregulation with specific public interest considerations. Overall, it reinforces the principle that the government should act narrowly and only when truly necessary.
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