Texas 2021 - 87th Regular

Texas Senate Bill SB1585 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1585
	1	+	By: Hughes S.B. No. 1585
	2	+	(Cyrier)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to requirements for the designation of a property as a
6	8		historic landmark and the inclusion of a property in a historic
7	9		district by a municipality.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The heading to Section 211.0165, Local
10	12		Government Code, is amended to read as follows:
11	13		Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK OR
12	14		DISTRICT.
13	15		SECTION 2. Section 211.0165, Local Government Code, is
14	16		amended by amending Subsections (a), (b), and (c) and adding
15	17		Subsection (a-1) to read as follows:
16	18		(a) Except as provided by Subsection (b), a municipality
17	19		that has established a process for designating places or areas of
18	20		historical, cultural, or architectural importance and significance
19	21		through the adoption of zoning regulations or zoning district
20	22		boundaries may not designate a property as a local historic
21	23		landmark or include a property within the boundaries of a local
22	24		historic district unless:
23	25		(1) the owner of the property consents to the
24	26		designation or inclusion; or
25	27		(2) if the owner does not consent, the designation or
26	28		inclusion of the owner's property is approved by a three-fourths
27	29		vote of:
28	30		(A) the governing body of the municipality; and
29	31		(B) the zoning, planning, or historical
30	32		commission of the municipality, if any.
31	33		(a-1) If a municipality has more than one commission
32	34		described by Subsection (a)(2)(B), the municipality shall
33	35		designate one of those commissions as the entity with exclusive
34	36		authority to approve the designations of properties as local
35	37		historic landmarks and the inclusion of properties in a local
36	38		historic district under that paragraph.
37	39		(b) If the property is owned by an organization that
38	40		qualifies as a religious organization under Section 11.20, Tax
39	41		Code, the municipality may designate the property as a local
40	42		historic landmark or include the property in a local historic
41	43		district only if the organization consents to the designation or
42	44		inclusion.
43	45		(c) The municipality must provide the property owner a
44	46		statement that describes the impact that a historic designation or
45	47		inclusion in a local historic district of the owner's property may
46	48		have on the owner and the owner's property. The municipality must
47	49		provide the statement to the owner not later than the 15th day
48	50		before the date of the initial hearing on the historic designation
49	51		or inclusion in a local historic district of the property of:
50	52		(1) the zoning, planning, or historical commission, if
51	53		any; or
52	54		(2) the governing body of the municipality.
53	55		SECTION 3. Section 211.0165, Local Government Code, as
54	56		amended by this Act, applies only to a proposal to include a
55	57		property in a historic district or to designate a property as a
56	58		local historic landmark made on or after the effective date of this
57	59		Act.
58	60		SECTION 4. This Act takes effect September 1, 2021.
59		-	______________________________ ______________________________
60		-	President of the Senate Speaker of the House
61		-	I hereby certify that S.B. No. 1585 passed the Senate on
62		-	April 21, 2021, by the following vote: Yeas 26, Nays 5.
63		-	______________________________
64		-	Secretary of the Senate
65		-	I hereby certify that S.B. No. 1585 passed the House on
66		-	May 23, 2021, by the following vote: Yeas 142, Nays 2, one
67		-	present not voting.
68		-	______________________________
69		-	Chief Clerk of the House
70		-	Approved:
71		-	______________________________
72		-	Date
73		-	______________________________
74		-	Governor