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