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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal zoning affecting places or areas of |
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historical, cultural, or architectural importance and |
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significance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Section 211.0165 to read as follows: |
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Sec. 211.0165. ZONING AFFECTING PLACES OR AREAS OF |
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HISTORICAL, CULTURAL, OR ARCHITECTURAL IMPORTANCE AND |
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SIGNIFICANCE. (a) A municipality that has established a process |
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for designating places or areas as historically important and |
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significant through the adoption of zoning regulations or zoning |
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district boundaries must include the following as criteria in |
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determining whether to adopt the regulations or boundaries: |
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(1) to designate a place or an area based on the |
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occurrence of an event, the event that occurred at the place or in |
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the area must be widely recognized as a historic event; or |
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(2) to designate a property location based on a person |
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associated with that location, the person must be recognized as a |
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historic figure who lived at the property location. |
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(b) An action by a zoning commission or planning commission |
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to recommend the adoption of or proposed change to a zoning |
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regulation or zoning district boundary applicable in a designated |
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place or area of historical, cultural, or architectural importance |
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and significance requires the vote of three-fourths of all members |
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of the zoning commission or planning commission. An action by the |
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governing body of a municipality to approve a recommendation of a |
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zoning commission or planning commission described by this |
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subsection requires the vote of three-fourths of all members of the |
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governing body of a municipality. |
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(c) If a property owner submits a request to the appropriate |
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municipal official to take an action under municipal zoning |
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regulations to construct, reconstruct, alter, or raze a building or |
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other structure in a designated place or area of historical, |
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cultural, or architectural importance and significance, the |
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municipal official must approve or deny the property owner's |
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request not later than the 30th day after the date the property |
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owner submits the request. If the municipal official fails to |
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approve or deny the property owner's request within the period |
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prescribed by this subsection, the request is considered approved. |
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SECTION 2. (a) Section 211.0165(a), Local Government Code, |
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as added by this Act, applies only to a designation of a place or |
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area as historically important and significant made on or after the |
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effective date of this Act. |
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(b) Section 211.0165(c), Local Government Code, as added by |
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this Act, applies only to a request to take an action under |
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municipal zoning regulations submitted to a municipal regulatory |
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authority on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |