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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 by |
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a municipality. |
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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 211.0165 to read as follows: |
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Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK. (a) |
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Except as provided by Subsection (b), a municipality that has |
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established a process for designating places or areas of |
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historical, cultural, or architectural importance and significance |
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through the adoption of zoning regulations or zoning district |
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boundaries may not designate a property as a local historic |
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landmark unless: |
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(1) the owner of the property consents to the |
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designation; or |
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(2) the designation is approved by a three-fourths |
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vote of: |
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(A) the governing body of the municipality; and |
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(B) the zoning, planning, or historical |
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commission of the municipality, if any. |
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(b) If the property is owned by an organization that |
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qualifies as a religious organization under Section 11.20, Tax |
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Code, the municipality may designate the property as a local |
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historic landmark only if the organization consents to the |
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designation. |
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(c) The municipality must provide the property owner a |
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statement that describes the impact that a historic designation of |
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the owner's property may have on the owner and the owner's property. |
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The municipality must provide the statement to the owner not later |
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than the 15th day before the date of the initial hearing on the |
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historic designation of the property of: |
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(1) the zoning, planning, or historical commission, if |
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any; or |
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(2) the governing body of the municipality. |
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(d) The historic designation impact statement must include |
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lists of the: |
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(1) regulations that may be applied to any structure |
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on the property after the designation; |
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(2) procedures for the designation; |
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(3) tax benefits that may be applied to the property |
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after the designation; and |
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(4) rehabilitation or repair programs that the |
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municipality offers for a property designated as historic. |
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(e) The municipality must allow an owner to withdraw consent |
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at any time during the designation process. |
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SECTION 2. Section 211.0165, Local Government Code, as |
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added by this Act, applies only to a designation of a property as a |
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historic landmark made on or 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, 2019. |
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