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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring county approval of a proposed purchase or |
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conversion by a municipality of a property to house homeless |
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individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 211.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Subchapter C, Chapter 244, the |
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[The] governing body of a municipality may regulate: |
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(1) the height, number of stories, and size of |
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buildings and other structures; |
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(2) the percentage of a lot that may be occupied; |
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(3) the size of yards, courts, and other open spaces; |
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(4) population density; |
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(5) the location and use of buildings, other |
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structures, and land for business, industrial, residential, or |
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other purposes; and |
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(6) the pumping, extraction, and use of groundwater by |
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persons other than retail public utilities, as defined by Section |
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13.002, Water Code, for the purpose of preventing the use or contact |
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with groundwater that presents an actual or potential threat to |
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human health. |
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SECTION 2. Chapter 244, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. MUNICIPAL PURCHASE OR USE CONVERSION OF PROPERTY TO |
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HOUSE HOMELESS INDIVIDUALS |
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Sec. 244.041. COUNTY APPROVAL. (a) A municipality may not |
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purchase a property to house homeless individuals unless the |
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commissioners court of the county in which the property is located |
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approves a plan as described by Section 244.042(b). |
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(b) A municipality may not convert the use of a property |
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owned by the municipality to enable the property to house homeless |
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individuals unless the commissioners court of the county in which |
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the property is located approves a plan as described by Section |
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244.042(b). |
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Sec. 244.042. PLAN REQUIREMENTS. (a) In this section, |
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"proposed new residents" means homeless individuals the |
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municipality intends to house at the purchased or converted |
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property. |
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(b) A plan required by Section 244.041 shall describe: |
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(1) the availability of local health care for proposed |
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new residents, including access to Medicaid services and mental |
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health services; |
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(2) the availability of indigent services for proposed |
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new residents; |
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(3) the availability of reasonably affordable public |
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transportation for proposed new residents; |
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(4) local law enforcement resources in the area of the |
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property; and |
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(5) what steps the municipality has taken to |
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coordinate with the local mental health authority to provide for |
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any proposed new residents. |
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(c) A municipality shall respond to any reasonable requests |
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for additional information made by the commissioners court |
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regarding the proposed property purchase or use conversion. |
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Sec. 244.043. NOTICE. A municipality that intends to |
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purchase or convert a property to house homeless individuals shall: |
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(1) post notice of the proposed use of the property at |
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the property not later than the 61st day before the proposed date of |
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purchase or conversion; and |
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(2) publish notice of the proposed purchase or |
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conversion of the property for 10 consecutive days in a newspaper of |
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general circulation in the county in which the property is located, |
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with the first day being not later than the 61st day before the |
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proposed date of purchase or conversion. |
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SECTION 3. The changes in law made by this Act apply only to |
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a municipal purchase or use conversion described by Subchapter C, |
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Chapter 244, Local Government Code, as added by this Act, that is |
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not final on the effective date of this Act. A municipal purchase |
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or use conversion that was final before the effective date of this |
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Act is governed by the law in effect when the municipal purchase or |
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use conversion was completed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |