|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to hearing and public notice requirements regarding the |
|
conversion by a municipality of certain properties to house |
|
homeless individuals. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle A, Title 8, Local Government Code, is |
|
amended by adding Chapter 255 to read as follows: |
|
CHAPTER 255. CONVERSION OF PROPERTY FOR CERTAIN PURPOSES |
|
Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR |
|
CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except |
|
as provided by Subsection (e), the governing body of a municipality |
|
may not approve the conversion of a property under the |
|
municipality's control for the purpose of providing housing to |
|
homeless individuals unless the governing body holds a public |
|
hearing not less than 90 days before the municipality begins to |
|
convert the property for that purpose. The hearing must be held at |
|
a location within a one-mile radius of the property. |
|
(b) Not later than 36 hours before a public hearing required |
|
under Subsection (a) is held, the governing body of a municipality |
|
must provide notice of the hearing by mail to each residence located |
|
within a one-mile radius of the property the municipality proposes |
|
to convert for a purpose described by that subsection. |
|
(c) If the governing body of a municipality fails to comply |
|
with this section, an individual who is entitled to notice under |
|
Subsection (b) may bring an action in a district court in the county |
|
in which the property described by that subsection is located for |
|
injunctive relief to prevent the conversion of the property. |
|
(d) In the event of a conflict between this chapter and any |
|
provision in the charter of a municipality relating to the |
|
conversion or notice of the conversion of a property for a purpose |
|
described by Subsection (a), this chapter controls. |
|
(e) This section does not apply to the 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. Chapter 255, Local Government Code, as added by |
|
this Act, applies only to the conversion of property described by |
|
Section 255.001(a), Local Government Code, as added by this Act, |
|
that is set to begin on or after the effective date of this Act. |
|
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. |