H.B. No. 4057
AN ACT
relating to the inclusion of a property in a conservation district
by certain municipalities.
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 211.0166 to read as follows:
Sec. 211.0166. EXCLUSION FROM CERTAIN CONSERVATION
DISTRICTS. (a) In this section, "conservation district" means a
local preservation district authorized by ordinance by a
municipality described by Subsection (b) to preserve, maintain, and
protect the physical elements of development and the community
character and heritage of neighborhoods having distinctive
characteristics and patterns of development.
(b) This subsection applies only to a property located in a
municipality with a population of two million or more.
Notwithstanding any other law, this subsection applies regardless
of whether the municipality 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. The owner of a
property included within the boundaries of a conservation district
authorized by ordinance may elect to exclude the property from the
district by filing in the real property records for the county in
which the property is located an acknowledged statement:
(1) describing the property by reference to a map or
plat of the subdivision; and
(2) stating that the owner elects to have the property
excluded from the district.
(c) Subsection (b) does not apply to:
(1) the designation of a property as a local historic
landmark described by Section 211.0165(a); or
(2) the inclusion of a property within the boundaries
of a local historic district described by Section 211.0165(a).
(d) A statement filed under Subsection (b) must be filed
before the first anniversary of the date of the inclusion in a
conservation district. The exclusion of a property takes effect on
the filing of the statement by the owner of the property.
SECTION 2. Section 211.0166, Local Government Code, as
added by this Act, applies only to inclusion of a property within
the boundaries of a conservation district authorized by ordinance
after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4057 was passed by the House on May 2,
2023, by the following vote: Yeas 136, Nays 9, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4057 was passed by the Senate on May
19, 2023, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor