85R8884 PAM-F
By: Elkins H.B. No. 3418
A BILL TO BE ENTITLED
AN ACT
relating to municipal zoning affecting places or areas of
historical, cultural, or architectural importance and
significance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Section 211.0165 to read as follows:
Sec. 211.0165. ZONING AFFECTING PLACES OR AREAS OF
HISTORICAL, CULTURAL, OR ARCHITECTURAL IMPORTANCE AND
SIGNIFICANCE. (a) A municipality that has established a process
for designating places or areas as historically important and
significant through the adoption of zoning regulations or zoning
district boundaries must include the following as criteria in
determining whether to adopt the regulations or boundaries:
(1) to designate a place or an area based on the
occurrence of an event, the event that occurred at the place or in
the area must be widely recognized as a historic event; or
(2) to designate a property location based on a person
associated with that location, the person must be recognized as a
historic figure who lived at the property location.
(b) An action by a zoning commission or planning commission
to recommend the adoption of or proposed change to a zoning
regulation or zoning district boundary applicable in a designated
place or area of historical, cultural, or architectural importance
and significance requires the vote of three-fourths of all members
of the zoning commission or planning commission. An action by the
governing body of a municipality to approve a recommendation of a
zoning commission or planning commission described by this
subsection requires the vote of three-fourths of all members of the
governing body of a municipality.
(c) If a property owner submits a request to the appropriate
municipal official to take an action under municipal zoning
regulations to construct, reconstruct, alter, or raze a building or
other structure in a designated place or area of historical,
cultural, or architectural importance and significance, the
municipal official must approve or deny the property owner's
request not later than the 30th day after the date the property
owner submits the request. If the municipal official fails to
approve or deny the property owner's request within the period
prescribed by this subsection, the request is considered approved.
SECTION 2. (a) Section 211.0165(a), Local Government Code,
as added by this Act, applies only to a designation of a place or
area as historically important and significant made on or after the
effective date of this Act.
(b) Section 211.0165(c), Local Government Code, as added by
this Act, applies only to a request to take an action under
municipal zoning regulations submitted to a municipal regulatory
authority on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.