Texas 2021 - 87th Regular

Texas House Bill HB1474 Compare Versions

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1-87R14202 DRS-F
2- By: Cyrier, Gervin-Hawkins, Israel, Cole, H.B. No. 1474
3- Krause
4- Substitute the following for H.B. No. 1474:
5- By: Frullo C.S.H.B. No. 1474
1+87R1646 DRS-F
2+ By: Cyrier H.B. No. 1474
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
10- relating to requirements for the designation of a property as a
11- historic landmark and the inclusion of a property in a historic
12- district by a municipality.
7+ relating to the designation of a property as a historic landmark by
8+ a municipality.
139 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. The heading to Section 211.0165, Local
15- Government Code, is amended to read as follows:
16- Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK OR
17- DISTRICT.
18- SECTION 2. Section 211.0165, Local Government Code, is
19- amended by amending Subsections (a), (b), and (c) and adding
20- Subsection (a-1) to read as follows:
21- (a) Except as provided by Subsection (b), a municipality
22- that has established a process for designating places or areas of
23- historical, cultural, or architectural importance and significance
24- through the adoption of zoning regulations or zoning district
25- boundaries may not designate a property as a local historic
26- landmark or include a property within the boundaries of a local
27- historic district unless:
28- (1) the owner of the property consents to the
29- designation or inclusion; or
30- (2) if the owner does not consent, the designation or
31- inclusion of the owner's property is approved by a three-fourths
32- vote of:
33- (A) the governing body of the municipality; and
34- (B) the zoning, planning, or historical
35- commission of the municipality, if any.
10+ SECTION 1. Section 211.0165, Local Government Code, is
11+ amended by adding Subsection (a-1) to read as follows:
3612 (a-1) If a municipality has more than one commission
3713 described by Subsection (a)(2)(B), the municipality shall
3814 designate one of those commissions as the entity with exclusive
3915 authority to approve the designations of properties as local
40- historic landmarks and the inclusion of properties in a local
41- historic district under that paragraph.
42- (b) If the property is owned by an organization that
43- qualifies as a religious organization under Section 11.20, Tax
44- Code, the municipality may designate the property as a local
45- historic landmark or include the property in a local historic
46- district only if the organization consents to the designation or
47- inclusion.
48- (c) The municipality must provide the property owner a
49- statement that describes the impact that a historic designation or
50- inclusion in a local historic district of the owner's property may
51- have on the owner and the owner's property. The municipality must
52- provide the statement to the owner not later than the 15th day
53- before the date of the initial hearing on the historic designation
54- or inclusion in a local historic district of the property of:
55- (1) the zoning, planning, or historical commission, if
56- any; or
57- (2) the governing body of the municipality.
58- SECTION 3. Section 211.0165, Local Government Code, as
59- amended by this Act, applies only to a proposal to include a
60- property in a historic district or to designate a property as a
61- local historic landmark made on or after the effective date of this
62- Act.
63- SECTION 4. This Act takes effect September 1, 2021.
16+ historic landmarks under that paragraph.
17+ SECTION 2. Section 211.0165(a-1), Local Government Code, as
18+ added by this Act, applies only to a process to designate a
19+ property as a local historic landmark initiated on or after the
20+ effective date of this Act.
21+ SECTION 3. This Act takes effect September 1, 2021.