Bill Text: TX HB4057 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the inclusion of a property in a conservation district by certain municipalities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-10 - Effective immediately [HB4057 Detail]
Download: Texas-2023-HB4057-Enrolled.html
| H.B. No. 4057 | ||
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| 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 | ||
