Texas Senate Bill SB2639

Texas 2025 - 89th Regular

• Filed: 3/13/25
• Out of Senate Committee: 5/7/25
• Voted on by Senate: 5/15/25

Caption

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.

Impact

This bill significantly affects the authority of municipalities in Texas by enforcing stricter requirements for historic property designations. It aims to protect property owners' rights by ensuring they are compensated for any potential loss in property value resulting from such designations. Moreover, it provides a transparent framework for municipalities to follow when designating properties, potentially reducing arbitrary designations that could disregard homeowners' interests.

Summary

SB2639 proposes amendments related to the designation of properties as historic landmarks and their inclusion in historic districts by municipalities, specifically targeting those with populations over 950,000. The bill mandates that municipalities cannot designate a property without the consent of the owner unless they secure a three-fourths majority vote from the governing body and an appropriate commission if applicable. It requires municipalities to offer compensation for damages if the owner's consent is not obtained, further establishing a more structured process for property assessments and compensatory measures associated with such designations.

Sentiment

The reception of SB2639 has generally been supportive among property rights advocates who view it as a necessary measure to protect homeowners and enhance their autonomy regarding property matters. Conversely, some critics express concern that the new requirements might hinder municipalities’ efforts to preserve historical sites, arguing that it could lead to delays in the designation processes which are essential for cultural heritage preservation.

Contention

Notable points of contention surrounding SB2639 include the balance between property rights and the municipalities' abilities to enact preservation measures. Opponents argue that the necessity of obtaining owner consent may limit municipal governments in establishing historic districts effectively. On the other hand, proponents assert that the compensation clause is vital for protecting citizens from potential financial loss due to governmental action related to historic designations, emphasizing a shift towards collaborative governance.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 211. Municipal Zoning Authority
  • Section: 0165
  • Section: New Section
  • Section: 0165
  • Section: New Section
  • Section: 0165
  • Section: New Section
  • Section: 0165

Property Code

• Chapter 21. Eminent Domain
  • Section: New Section
  • Section: 042
  • Section: 048
  • Section: 049
  • Section: New Section
  • Section: 048
  • Section: 049
  • Section: New Section
  • Section: 042
  • Section: 042
  • Section: 048
  • Section: 049
  • Section: New Section