(a) This section applies only to a municipality that is designated as a certified local government by the state historic preservation officer as provided by 16 U.S.C.A. Section 470 et seq.
(b) This section does not apply to an owner-occupied, single-family dwelling.

Terms Used In Texas Local Government Code 214.00111


(c) Before a notice is sent or a hearing is conducted under § 214.001, the historic preservation board of a municipality may review a building described by § 214.001(a) to determine whether the building can be rehabilitated and designated:
(1) on the National Register of Historic Places;
(2) as a Recorded Texas Historic Landmark; or
(3) as historic property through a municipal historic designation.
(d) If a municipal historic preservation board reviews a building, the board shall submit a written report to the municipality indicating the results of the review conducted under this section before a public hearing is conducted under § 214.001.
(e) If the municipal historic preservation board report determines that the building may not be rehabilitated and designated as historic property, the municipality may proceed as provided by § 214.001.
(f) If the municipal historic preservation board report determines that the building may be rehabilitated and designated as historic property, the municipality may not permit the building to be demolished for at least 90 days after the date the report is submitted. During this 90-day period, the municipality shall notify the owner and attempt to identify a feasible alternative use for the building or locate an alternative purchaser to rehabilitate and maintain the building. If the municipality is not able to locate the owner or if the owner does not respond within the 90-day period, the municipality may appoint a receiver as provided by § 214.003.
(g) The municipality may require the building to be demolished as provided by § 214.001 after the expiration of the 90-day period if the municipality is not able to:
(1) identify a feasible alternative use for the building;
(2) locate an alternative purchaser to rehabilitate and maintain the building; or
(3) appoint a receiver for the building as provided by § 214.003.
(h) An owner of a building described by § 214.001(a) is not liable for penalties related to the building that accrue during the 90-day period provided for disposition of historic property under this section.