| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the designation of a property as a historic landmark by |
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| 6 | 12 | | a municipality. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subchapter A, Chapter 211, Local Government |
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| 9 | 15 | | Code, is amended by adding Section 211.0165 to read as follows: |
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| 10 | 16 | | Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK. (a) |
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| 11 | 17 | | Except as provided by Subsection (b), a municipality that has |
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| 12 | 18 | | established a process for designating places or areas of |
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| 13 | 19 | | historical, cultural, or architectural importance and significance |
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| 14 | 20 | | through the adoption of zoning regulations or zoning district |
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| 15 | 21 | | boundaries may not designate a property as a local historic |
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| 16 | 22 | | landmark unless: |
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| 17 | 23 | | (1) the owner of the property consents to the |
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| 18 | 24 | | designation; or |
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| 19 | 25 | | (2) the designation is approved by a three-fourths |
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| 20 | 26 | | vote of: |
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| 21 | 27 | | (A) the governing body of the municipality; and |
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| 22 | 28 | | (B) the zoning, planning, or historical |
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| 23 | 29 | | commission of the municipality, if any. |
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| 24 | 30 | | (b) If the property is owned by an organization that |
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| 25 | 31 | | qualifies as a religious organization under Section 11.20, Tax |
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| 26 | 32 | | Code, the municipality may designate the property as a local |
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| 27 | 33 | | historic landmark only if the organization consents to the |
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| 28 | 34 | | designation. |
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| 29 | 35 | | (c) The municipality must provide the property owner a |
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| 30 | 36 | | statement that describes the impact that a historic designation of |
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| 31 | 37 | | the owner's property may have on the owner and the owner's property. |
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| 32 | 38 | | The municipality must provide the statement to the owner not later |
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| 33 | 39 | | than the 15th day before the date of the initial hearing on the |
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| 34 | 40 | | historic designation of the property of: |
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| 35 | 41 | | (1) the zoning, planning, or historical commission, if |
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| 36 | 42 | | any; or |
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| 37 | 43 | | (2) the governing body of the municipality. |
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| 38 | 44 | | (d) The historic designation impact statement must include |
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| 39 | 45 | | lists of the: |
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| 40 | 46 | | (1) regulations that may be applied to any structure |
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| 41 | 47 | | on the property after the designation; |
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| 42 | 48 | | (2) procedures for the designation; |
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| 43 | 49 | | (3) tax benefits that may be applied to the property |
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| 44 | 50 | | after the designation; and |
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| 45 | 51 | | (4) rehabilitation or repair programs that the |
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| 46 | 52 | | municipality offers for a property designated as historic. |
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| 47 | 53 | | (e) The municipality must allow an owner to withdraw consent |
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| 48 | 54 | | at any time during the designation process. |
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| 49 | 55 | | SECTION 2. Section 211.0165, Local Government Code, as |
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| 50 | 56 | | added by this Act, applies only to a designation of a property as a |
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| 51 | 57 | | historic landmark made on or after the effective date of this Act. |
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| 52 | 58 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 62 | | Act takes effect September 1, 2019. |
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| 57 | | - | ______________________________ ______________________________ |
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| 58 | | - | President of the Senate Speaker of the House |
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| 59 | | - | I certify that H.B. No. 2496 was passed by the House on April |
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| 60 | | - | 26, 2019, by the following vote: Yeas 124, Nays 11, 3 present, not |
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| 61 | | - | voting. |
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| 62 | | - | ______________________________ |
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| 63 | | - | Chief Clerk of the House |
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| 64 | | - | I certify that H.B. No. 2496 was passed by the Senate on May |
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| 65 | | - | 14, 2019, by the following vote: Yeas 25, Nays 6. |
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| 66 | | - | ______________________________ |
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| 67 | | - | Secretary of the Senate |
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| 68 | | - | APPROVED: _____________________ |
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| 69 | | - | Date |
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| 70 | | - | _____________________ |
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| 71 | | - | Governor |
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| 63 | + | * * * * * |
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