By: Hughes S.B. No. 1585
A BILL TO BE ENTITLED
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.