Bill Text: TX HB2496 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the designation of a property as a historic landmark by a municipality.
Spectrum: Moderate Partisan Bill (Republican 11-3)
Status: (Passed) 2019-05-25 - Effective immediately [HB2496 Detail]
Download: Texas-2019-HB2496-Enrolled.html
H.B. No. 2496 |
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relating to the designation of a property as a historic landmark by | ||
a municipality. | ||
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 211.0165 to read as follows: | ||
Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK. (a) | ||
Except as provided by Subsection (b), a municipality that 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 may not designate a property as a local historic | ||
landmark unless: | ||
(1) the owner of the property consents to the | ||
designation; or | ||
(2) the designation is approved by a three-fourths | ||
vote of: | ||
(A) the governing body of the municipality; and | ||
(B) the zoning, planning, or historical | ||
commission of the municipality, if any. | ||
(b) If the property is owned by an organization that | ||
qualifies as a religious organization under Section 11.20, Tax | ||
Code, the municipality may designate the property as a local | ||
historic landmark only if the organization consents to the | ||
designation. | ||
(c) The municipality must provide the property owner a | ||
statement that describes the impact that a historic designation of | ||
the owner's property may have on the owner and the owner's property. | ||
The municipality must provide the statement to the owner not later | ||
than the 15th day before the date of the initial hearing on the | ||
historic designation of the property of: | ||
(1) the zoning, planning, or historical commission, if | ||
any; or | ||
(2) the governing body of the municipality. | ||
(d) The historic designation impact statement must include | ||
lists of the: | ||
(1) regulations that may be applied to any structure | ||
on the property after the designation; | ||
(2) procedures for the designation; | ||
(3) tax benefits that may be applied to the property | ||
after the designation; and | ||
(4) rehabilitation or repair programs that the | ||
municipality offers for a property designated as historic. | ||
(e) The municipality must allow an owner to withdraw consent | ||
at any time during the designation process. | ||
SECTION 2. Section 211.0165, Local Government Code, as | ||
added by this Act, applies only to a designation of a property as a | ||
historic landmark made on or 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2496 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 124, Nays 11, 3 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2496 was passed by the Senate on May | ||
14, 2019, by the following vote: Yeas 25, Nays 6. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |