By: Huffman  S.B. No. 2147
         (In the Senate - Filed March 9, 2023; March 21, 2023, read
  first time and referred to Committee on Local Government;
  April 6, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 6, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2147 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the designation of a property as a historic landmark and
  the inclusion of a property in a historic district or similar
  preservation district by certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 211.0165, Local Government Code, is
  amended by adding Subsections (f) and (g) to read as follows:
         (f)  This subsection applies only to a property located in a
  municipality with a population of two million or more.
  Notwithstanding any other law, this subsection applies regardless
  of whether the municipality 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. The owner of a
  property designated as a historic landmark or included within the
  boundaries of a local historic district or other historic
  preservation district authorized by ordinance may elect to exclude
  the property from the designation or district by filing in the real
  property records for the county in which the property is located an
  acknowledged statement:
               (1)  describing the property by reference to a map or
  plat of the subdivision; and
               (2)  stating that the owner elects to have the property
  excluded from the designation or district.
         (g)  A statement filed under Subsection (f) must be filed
  before the first anniversary of the date of the designation as a
  historic landmark or inclusion in a historic district or other
  historic preservation district. The exclusion of a property from
  designation or inclusion takes effect on the filing of the
  statement by the owner of the property.
         SECTION 2.  Sections 211.0165(f) and (g), Local Government
  Code, as added by this Act, apply only to designation of a property
  as a historic landmark or inclusion of a property within the
  boundaries of a local historic district or other historic
  preservation district authorized by ordinance after the effective
  date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
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