| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requirements for the designation of a property as a |
|
|
historic landmark and the inclusion of a property in a historic |
|
|
district by a municipality. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 211.0165, Local |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK OR |
|
|
DISTRICT. |
|
|
SECTION 2. Section 211.0165, Local Government Code, is |
|
|
amended by amending Subsections (a), (b), and (c) and adding |
|
|
Subsection (a-1) to read as follows: |
|
|
(a) Except as provided by Subsection (b), a municipality |
|
|
that has established a process for designating places or areas of |
|
|
historical, cultural, or architectural importance and significance |
|
|
through the adoption of zoning regulations or zoning district |
|
|
boundaries may not designate a property as a local historic |
|
|
landmark or include a property within the boundaries of a local |
|
|
historic district unless: |
|
|
(1) the owner of the property consents to the |
|
|
designation or inclusion; or |
|
|
(2) if the owner does not consent, the designation or |
|
|
inclusion of the owner's property is approved by a three-fourths |
|
|
vote of: |
|
|
(A) the governing body of the municipality; and |
|
|
(B) the zoning, planning, or historical |
|
|
commission of the municipality, if any. |
|
|
(a-1) If a municipality has more than one commission |
|
|
described by Subsection (a)(2)(B), the municipality shall |
|
|
designate one of those commissions as the entity with exclusive |
|
|
authority to approve the designations of properties as local |
|
|
historic landmarks and the inclusion of properties in a local |
|
|
historic district under that paragraph. |
|
|
(b) If the property is owned by an organization that |
|
|
qualifies as a religious organization under Section 11.20, Tax |
|
|
Code, the municipality may designate the property as a local |
|
|
historic landmark or include the property in a local historic |
|
|
district only if the organization consents to the designation or |
|
|
inclusion. |
|
|
(c) The municipality must provide the property owner a |
|
|
statement that describes the impact that a historic designation or |
|
|
inclusion in a local historic district of the owner's property may |
|
|
have on the owner and the owner's property. The municipality must |
|
|
provide the statement to the owner not later than the 15th day |
|
|
before the date of the initial hearing on the historic designation |
|
|
or inclusion in a local historic district of the property of: |
|
|
(1) the zoning, planning, or historical commission, if |
|
|
any; or |
|
|
(2) the governing body of the municipality. |
|
|
SECTION 3. Section 211.0165, Local Government Code, as |
|
|
amended by this Act, applies only to a proposal to include a |
|
|
property in a historic district or to designate a property as a |
|
|
local historic landmark made on or after the effective date of this |
|
|
Act. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |