Bill Text: TX HB1474 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-05 - Considered in Calendars [HB1474 Detail]
Download: Texas-2021-HB1474-Comm_Sub.html
| 87R14202 DRS-F | |||
| By: Cyrier, Gervin-Hawkins, Israel, Cole, | H.B. No. 1474 | ||
| Krause | |||
| Substitute the following for H.B. No. 1474: | |||
| By: Frullo | C.S.H.B. No. 1474 | ||
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| 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. | ||
