Texas House Bill HB4057

Texas 2023 - 88th Regular

• Filed: 3/8/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/17/23
• Voted on by Senate: 5/19/23
• Governor Action: 6/10/23

Caption

Relating to the inclusion of a property in a conservation district by certain municipalities.

Impact

The bill modifies the Local Government Code to enhance property owners' rights by giving them the option to exclude their property from conservation districts. This change holds particular significance for urban areas, particularly large municipalities where conservation districts can impose specific regulations on property use and development. By enabling property owners to exclude their properties from such districts, the bill seeks to balance local preservation goals with individual property rights, thereby potentially reshaping community governance and development strategies.

Summary

House Bill 4057 pertains to the inclusion of property within conservation districts established by municipalities in Texas. Specifically, it allows property owners within certain municipalities, those with populations of two million or more, to exclude their properties from such conservation districts. This inclusion aims to facilitate the preservation and protection of neighborhoods' distinctive characteristics and community heritage, while simultaneously granting property owners the agency to opt out from being regulated under these districts.

Sentiment

The general sentiment surrounding HB 4057 appears to be mixed. Proponents, including real estate representatives and business coalitions, view it as a protective measure that empowers property owners and respects individual rights within community contexts. Conversely, opponents, including representatives from urban municipalities, express concerns that this bill could undermine the objectives of conservation districts intended to maintain community character and heritage. They argue that allowing property owners to opt out could lead to fragmented oversight and undermine preservation initiatives in neighborhoods.

Contention

Notable points of contention revolve around the balance of local governance versus individual property rights. Critics warn that HB 4057 may erode local authority and hinder municipalities' ability to promote cohesive preservation efforts. The debate encapsulates broader tensions between optimizing property rights and ensuring that community standards and historical integrity are respected and maintained, ultimately pointing to a potential shift in how local governments might manage development and conservation in large urban settings.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 211. Municipal Zoning Authority
  • Section: 0166
  • Section: 0166
  • Section: 0166
  • Section: 0166
  • Section: 0165