Texas 2025 - 89th Regular

Texas Senate Bill SB2639

Filed
3/13/25  
Out of Senate Committee
5/7/25  
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

This bill significantly affects the authority of municipalities in Texas by enforcing stricter requirements for historic property designations. It aims to protect property owners' rights by ensuring they are compensated for any potential loss in property value resulting from such designations. Moreover, it provides a transparent framework for municipalities to follow when designating properties, potentially reducing arbitrary designations that could disregard homeowners' interests.

Summary

SB2639 proposes amendments related to the designation of properties as historic landmarks and their inclusion in historic districts by municipalities, specifically targeting those with populations over 950,000. The bill mandates that municipalities cannot designate a property without the consent of the owner unless they secure a three-fourths majority vote from the governing body and an appropriate commission if applicable. It requires municipalities to offer compensation for damages if the owner's consent is not obtained, further establishing a more structured process for property assessments and compensatory measures associated with such designations.

Sentiment

The reception of SB2639 has generally been supportive among property rights advocates who view it as a necessary measure to protect homeowners and enhance their autonomy regarding property matters. Conversely, some critics express concern that the new requirements might hinder municipalities’ efforts to preserve historical sites, arguing that it could lead to delays in the designation processes which are essential for cultural heritage preservation.

Contention

Notable points of contention surrounding SB2639 include the balance between property rights and the municipalities' abilities to enact preservation measures. Opponents argue that the necessity of obtaining owner consent may limit municipal governments in establishing historic districts effectively. On the other hand, proponents assert that the compensation clause is vital for protecting citizens from potential financial loss due to governmental action related to historic designations, emphasizing a shift towards collaborative governance.

Texas Constitutional Statutes Affected

Local Government Code

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

Property Code

  • Chapter 21. Eminent Domain
    • Section: New Section
    • Section: 042
    • Section: 048
    • Section: 049
    • Section: New Section
    • Section: 048
    • Section: 049
    • Section: New Section
    • Section: 042
    • Section: 042
    • Section: 048
    • Section: 049
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB2147

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.

TX HB4057

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

TX HB3844

Relating to certain procedural requirements for public improvement districts and transfers of property located in public improvement districts.

TX SB1958

Relating to certain procedural requirements for public improvement districts and transfers of property located in public improvement districts.

TX HB4429

Relating to the duty of a school district to enter into an ad valorem tax abatement agreement under the Property Redevelopment and Tax Abatement Act for certain property.

TX HB3514

Relating to the authority of a municipality to annex property in certain water districts.

TX HB2815

Relating to the powers, authorities, duties, and responsibilities of certain conservation and reclamation districts and to notice a person who proposes to sell or convey real property located in any of certain conservation and reclamation districts must provide to a prospective purchaser of that property.

TX SB1064

Relating to the school district property value study conducted by the comptroller of public accounts.

TX HB3383

Relating to the eligibility of certain municipalities to establish homestead preservation districts and reinvestment zones and to certain regulatory prohibitions applicable in those districts and zones.

TX SB2097

Relating to the authority of a municipality to annex property in certain water districts.

Similar Bills

AL HB179

Baldwin Co., Bon Secour Landmark District, annexation of property in district prohibited by local law, exception, const. amend.

AL HB180

Baldwin Co., Stapleton Landmark District, annexation of property in district prohibited by local law, exception, const. amend.

AL SB20

Baldwin County, creates Bon Secour Landmark District, Constitutional Amendment

AL HB343

Baldwin County, creates Bon Secour Landmark District, Constitutional Amendment

AL HB508

Baldwin County, constitutional amendment, Belforest Landmark District established

AL HB225

This bill would propose an amendment to the Constitution of Alabama of 2022, relating to Baldwin County, to define the Bon Secour Landmark District within the county and to prohibit the annexation by local law of any property within the district into any municipality except under certain conditions.

AL HB306

Baldwin County, constitutional amendment, creates the Stapleton Landmark District

AL HB226

This bill would propose an amendment to the Constitution of Alabama of 2022, relating to Baldwin County, to define the Stapleton Landmark District within the county and to prohibit the annexation by local law of any property within the district into any municipality except under certain conditions.