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Texas Local Government Code

§ 211.0165 — DESIGNATION OF HISTORIC LANDMARK OR DISTRICT

LG § 211.0165Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part A. MUNICIPAL REGULATORY AUTHORITY · Ch. 211. MUNICIPAL ZONING AUTHORITY · Art. A. GENERAL ZONING REGULATIONS

Statute text

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(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.

Legislative history

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.

Source: Texas Local Government Code § 211.0165 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.