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AN ACT
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relating to the inclusion of a property in a conservation district |
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by certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Section 211.0166 to read as follows: |
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Sec. 211.0166. EXCLUSION FROM CERTAIN CONSERVATION |
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DISTRICTS. (a) In this section, "conservation district" means a |
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local preservation district authorized by ordinance by a |
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municipality described by Subsection (b) to preserve, maintain, and |
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protect the physical elements of development and the community |
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character and heritage of neighborhoods having distinctive |
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characteristics and patterns of development. |
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(b) This subsection applies only to a property located in a |
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municipality with a population of two million or more. |
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Notwithstanding any other law, this subsection applies regardless |
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of whether the municipality has established a process for |
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designating places or areas of historical, cultural, or |
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architectural importance and significance through the adoption of |
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zoning regulations or zoning district boundaries. The owner of a |
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property included within the boundaries of a conservation district |
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authorized by ordinance may elect to exclude the property from the |
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district by filing in the real property records for the county in |
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which the property is located an acknowledged statement: |
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(1) describing the property by reference to a map or |
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plat of the subdivision; and |
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(2) stating that the owner elects to have the property |
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excluded from the district. |
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(c) Subsection (b) does not apply to: |
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(1) the designation of a property as a local historic |
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landmark described by Section 211.0165(a); or |
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(2) the inclusion of a property within the boundaries |
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of a local historic district described by Section 211.0165(a). |
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(d) A statement filed under Subsection (b) must be filed |
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before the first anniversary of the date of the inclusion in a |
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conservation district. The exclusion of a property takes effect on |
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the filing of the statement by the owner of the property. |
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SECTION 2. Section 211.0166, Local Government Code, as |
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added by this Act, applies only to inclusion of a property within |
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the boundaries of a conservation district authorized by ordinance |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4057 was passed by the House on May 2, |
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2023, by the following vote: Yeas 136, Nays 9, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4057 was passed by the Senate on May |
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19, 2023, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |