By: Schwertner, Bettencourt, Buckingham  S.B. No. 646
         (In the Senate - Filed February 10, 2021; March 11, 2021,
  read first time and referred to Committee on Local Government;
  April 1, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 3; April 1, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 646 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to county approval of certain proposed purchases or
  conversions of properties to house homeless individuals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 233, Local Government Code, is amended
  by adding Subchapter G to read as follows:
  SUBCHAPTER G.  APPROVAL FOR PURCHASE OR USE CONVERSION OF PROPERTY
  TO HOUSE HOMELESS INDIVIDUALS
         Sec. 233.201.  COUNTY APPROVAL. (a)  A person, including a
  political subdivision, may not purchase property to house homeless
  individuals unless the commissioners court of the county in which
  the property is located approves a plan described by Section
  233.202(b).
         (b)  A person may not convert the use of a property owned by
  the person to enable the property to house homeless individuals
  unless the commissioners court of the county in which the property
  is located approves a plan that meets the requirements of Section
  233.202(b).
         Sec. 233.202.  PLAN REQUIREMENTS. (a)  In this section,
  "proposed new residents" means homeless individuals the applicant
  intends to house at the purchased or converted property.
         (b)  A plan required by Section 233.201 must describe:
               (1)  the availability of local health care for proposed
  new residents, including access to Medicaid services and mental
  health services;
               (2)  the availability of indigent services for proposed
  new residents;
               (3)  the availability of reasonably affordable public
  transportation for proposed new residents;
               (4)  local law enforcement resources in the area of the
  property; and
               (5)  the steps the applicant has taken to coordinate
  with the local mental health authority to provide for any proposed
  new residents.
         (c)  An applicant shall respond to reasonable requests for
  additional information made by the commissioners court regarding
  the proposed property purchase or use conversion.
         Sec. 233.203.  NOTICE. A person who intends to purchase or
  convert property to house homeless individuals shall:
               (1)  post notice of the proposed use of the property at
  the property not later than the 61st day before the proposed date of
  purchase or conversion; and
               (2)  publish notice of the proposed purchase or
  conversion of the property for 10 consecutive days in a newspaper of
  general circulation in the county in which the property is located,
  with the first day being not later than the 61st day before the
  proposed date of purchase or conversion.
         Sec. 233.204.  EXCEPTION. This subchapter does not apply to
  the purchase or use conversion of a property to provide temporary
  shelter or housing during a natural disaster, declared state of
  emergency, or other life-threatening public emergency.
         SECTION 2.  The changes in law made by this Act apply only to
  a purchase or use conversion described by Subchapter G, Chapter
  233, Local Government Code, as added by this Act, that is not final
  on the effective date of this Act.  A purchase or use conversion
  that was final before the effective date of this Act is governed by
  the law in effect when the purchase or use conversion was completed,
  and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
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