BILL ANALYSIS

C.S.H.B. 1474

By: Cyrier

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In the implementation of a bill passed by the 86th Legislature relating to the designation of a property as a local historic landmark by certain municipalities, it was discovered that municipalities could utilize zoning, planning, or historical commissions to meet the vote threshold needed to designate a property as a historic landmark. Currently, interested parties are concerned some municipalities are allowing multiple commissions to vote on a specific property in order to achieve this vote threshold. Additionally, concerns have been raised regarding a lack of clarity with respect to municipal designation of a local historic district without property owner consent. C.S.H.B. 1474 seeks to address these issues by revising and expanding provisions relating to the designation of a property as a local historic landmark.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1474 amends the Local Government Code to extend statutory provisions governing the designation of a property as a local historic landmark by an applicable municipality to apply to the inclusion of a property within the boundaries of a local historic district by the municipality. The bill requires a municipality that has more than one zoning, planning, or historical commission to designate one of those commissions as the entity with exclusive authority to approve the designation of a property as a local historic landmark and the inclusion of a property in a local historic district.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1474 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes provisions that extend statutory provisions governing the designation of a property as a local historic landmark by an applicable municipality to apply to the inclusion of a property within the boundaries of a local historic district by such a municipality.