AI-assisted research summary: A municipality generally may not designate property as a local historic landmark or include it in a local historic district without owner consent or the stated vote approval. The municipality must also give the owner an impact statement before the initial hearing and allow consent to be withdrawn during the process.
Sec. 211.0165. DESIGNATION OF HISTORIC LANDMARK OR DISTRICT. (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 or include a property within the boundaries of a local historic district unless: (1) the owner of the property consents to the designation or inclusion; or (2) if the owner does not consent, the designation or inclusion of the owner's property 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. (a-1) If a municipality has more than one commission described by Subsection (a)(2)(B), the municipality shall designate one of those commissions as the entity with exclusive authority to approve the designations of properties as local historic landmarks and the inclusion of properties in a local historic district under that paragraph. (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 or include the property in a local historic district only if the organization consents to the designation or inclusion. (c) The municipality must provide the property owner a statement that describes the impact that a historic designation or inclusion in a local historic district 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 or inclusion in a local historic district 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. Added by Acts 2019, 86th Leg., R.S., Ch. 231 (H.B. 2496), Sec. 1, eff. May 25, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 405 (S.B. 1585), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 405 (S.B. 1585), Sec. 2, eff. September 1, 2021.