Bill Text: TX SB1585 | 2021-2022 | 87th Legislature | Enrolled

Texas Senate Bill 1585 (Prior Session Legislation)

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: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-07 - Effective on 9/1/21 [SB1585 Detail]

Download: Texas-2021-SB1585-Enrolled.html



	S.B. No. 1585




	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.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1585 passed the Senate on
	April 21, 2021, by the following vote: Yeas 26, Nays 5.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1585 passed the House on
	May 23, 2021, by the following vote: Yeas 142, Nays 2, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor