Cedar trees might be easier to remove because of Texas law
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AUSTIN (KXAN) — Texas lawmakers are taking on cedar allergies during the 89th legislative session. Two bills, House Bill 3798 and Senate Bill 1927, aim to prevent a city from prohibiting the removal of an Ashe Juniper tree.
Ashe Junipers are found throughout Texas. Sometimes called Mountain Cedar, these trees are responsible for one of the state’s most impactful allergens: cedar.
Beyond preventing a municipality from stopping the removal of these trees, the laws would also prevent the city from imposing a tree mitigation fee. This is a charge against developers for the loss or removal of a heritage tree. Heritage trees are trees that have a diameter of more than 24 inches.
The Senate bill and House bill differ in a few key ways. The house bill targets Ashe Junipers located on all residential properties.
The Senate bill allows cities to prevent the removal or charge a fee if the tree is within 15 miles of a military base with active training and in a county with more than two million people.
Both bills also apply the rule to dead or dying trees and trees posing a threat to people or property.
“Cedar” trees in Texas
Ashe Juniper is considered by many to be a pest in Texas. However, the tree provides homes and food for many Texas animals. The tree also helps prevent erosion, a major concern in the Hill Country.
“They grow in a lot of places where other trees can’t and help to stabilize the soil, keep it from eroding during rain events. They also help to kind of like sponges. Whenever it does rain, they help the water stay in place, soak into the soil, and eventually into our aquifer,” said Karl Flocke with the Texas A&M Forest Service in 2023.
However, the trees release clouds of pollen each winter. For many, this leads to severe allergies. Due to the size of cedar pollen, a strong wind can carry the yellow powder hundreds of miles and even to other states.
Push to remove Ashe Juniper
HB 3798 is authored by Representative Ellen Troxclair, R-Burnet County. Rep. Troxclair, a former Austin City Council member, is the co-founder of Troxclair Residential Real Estate Group.
Rep. Troxclair authored a similar bill last session. That bill was approved by the House but died in the Senate.
SB 1927 is authored by Senator Adam Hinojosa, R-Corpus Christi. Sen. Hinojosa also has ties to real estate, according to his profile on the Texas Senate’s website. His bill was approved by the Senate on April 16. It has been referred to the House’s Land & Resource Management committee.
HB 3798 is scheduled for a hearing before the Land & Resource Management Committee on April 24.
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