Texas 2023 - 88th Regular

Texas Senate Bill SB2147

Filed
3/9/23  
Out of Senate Committee
4/6/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the designation of a property as a historic landmark and the inclusion of a property in a historic district or similar preservation district by certain municipalities.

Impact

If enacted, SB2147 would have a notable impact on state laws governing the designation of historic properties and preservation districts. It would empower property owners to circumvent local ordinances that may have previously restricted their rights regarding property designation. Such a move could lead to increased disputes between property owners and local municipalities over the preservation of community landmarks and historical sites, as local governments seek to maintain control over culturally significant areas.

Summary

Senate Bill 2147 is a proposed act that allows property owners within municipalities of two million or more people to remove their property from any historic designation or preservation district. The bill amends the Local Government Code and introduces new subsections that provide a process through which property owners can file a statement to exclude their property from historic designation within a specified timeframe. This legislative change is significant as it addresses the balance between property rights and local historic preservation efforts.

Sentiment

The sentiment surrounding SB2147 appears mixed. Supporters, including members from the Houston Real Estate Council and the Houston Region Business Coalition, advocate for the bill, emphasizing the importance of property rights and the need for a balance between local government powers and individual rights. They argue that the bill allows for greater autonomy for property owners. However, opponents raise concerns that this legislation may undermine local control and weaken efforts to preserve historic sites, impacting the character and heritage of communities.

Contention

A key point of contention regarding SB2147 revolves around the implications for local governments' authority to designate and protect historic districts. Critics fear that allowing property owners to easily opt out of such designations could lead to the deterioration of historically significant properties and districts. Additionally, the process set forth in the bill could create clashes between progressive urban development and historic preservation, raising questions about how best to honor a community's historical significance while respecting individual property rights.

Texas Constitutional Statutes Affected

Local Government Code

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

Companion Bills

TX HB4057

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

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