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.