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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of a property as a historic landmark and |
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the inclusion of a property in a historic district or similar |
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preservation district by certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.0165, Local Government Code, is |
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amended by adding Subsections (f) and (g) to read as follows: |
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(f) 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 designated as a historic landmark or included within the |
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boundaries of a local historic district or other historic |
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preservation district authorized by ordinance may elect to exclude |
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the property from the designation or district by filing in the real |
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property records for the county in which the property is located an |
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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 designation or district. |
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(g) A statement filed under Subsection (f) must be filed |
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before the first anniversary of the date of the designation as a |
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historic landmark or inclusion in a historic district or other |
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historic preservation district. The exclusion of a property from |
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designation or inclusion takes effect on the filing of the |
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statement by the owner of the property. |
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SECTION 2. Sections 211.0165(f) and (g), Local Government |
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Code, as added by this Act, apply only to designation of a property |
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as a historic landmark or inclusion of a property within the |
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boundaries of a local historic district or other historic |
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preservation district authorized by ordinance after the effective |
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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. |