By: Eckels H.B. No. 1025 73R2505 MRB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to municipal and county consent for the placement of a 1-3 correctional facility in close proximity to a residential zoning 1-4 area, private residence, school, park, recreation area, or church, 1-5 synagogue, or other house of worship. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subtitle C, Title 7, Local Government Code, is 1-8 amended by adding Chapter 244 to read as follows: 1-9 CHAPTER 244. CORRECTIONAL FACILITY LOCATION 1-10 Sec. 244.001. DEFINITIONS. In this chapter: 1-11 (1) "Correctional facility" means an adult probation 1-12 or parole office or a facility that: 1-13 (A) is operated by an agency of the state, a 1-14 political subdivision of the state, or a private vendor operating 1-15 under a contract with an agency of the state or a political 1-16 subdivision of the state; and 1-17 (B) houses persons convicted of misdemeanors or 1-18 felonies, whether the persons are housed in the facility: 1-19 (i) while serving a sentence of 1-20 confinement following conviction of an offense; or 1-21 (ii) as a condition of probation, parole, 1-22 or mandatory supervision. 1-23 (2) "Private residence" means a dwelling and includes 1-24 a single family home, duplex, multifamily unit, lodging or boarding 2-1 house, mobile home, resident or nursing home for the aged, and 2-2 foster home. 2-3 (3) "Residential zoning area" means an area designated 2-4 as a residential zoning district by a governing ordinance or code 2-5 or an area in which the principal permitted land use is for private 2-6 residences. 2-7 Sec. 244.002. PROXIMITY OF CORRECTIONAL FACILITY. (a) An 2-8 agency of the state, a political subdivision of the state, or a 2-9 private vendor operating under a contract with an agency or 2-10 political subdivision of the state may not operate a correctional 2-11 facility within 1,000 feet of a residential zoning area, a private 2-12 residence, a primary or secondary school, property designated as a 2-13 public park or public recreation area by the state or a political 2-14 subdivision of the state, or a church, synagogue, or other house of 2-15 worship unless local consent is obtained under Section 244.003. 2-16 (b) For the purpose of this chapter, distance is measured 2-17 along the shortest straight line between the nearest property line 2-18 of the correctional facility and the nearest property line of the 2-19 residential zoning area, residence, school, park, recreation area, 2-20 or house of worship, as appropriate. 2-21 (c) The governing body of a church, synagogue, or other 2-22 house of worship may waive the distance requirements of Subsection 2-23 (a) between a corrections facility and the house of worship by 2-24 filing an acknowledged written statement of the waiver in the deed 2-25 records of the county in which the facility is located. 2-26 Sec. 244.003. LOCAL CONSENT. (a) Local consent to the 2-27 operation of a correctional facility at a particular location is 3-1 given if: 3-2 (1) the commissioners court of each county with an 3-3 unincorporated area that includes all or part of the land within 3-4 1,000 feet of the correctional facility location determines by 3-5 resolution after a public hearing that it is in the best interest 3-6 of the county to allow the operation of a correctional facility at 3-7 that location; and 3-8 (2) the governing body of each municipality that 3-9 includes within its boundaries all or part of the land within 3-10 1,000 feet of the correctional facility location determines by 3-11 resolution after a public hearing that it is in the best interest 3-12 of the municipality to allow the operation of a correctional 3-13 facility at that location. 3-14 (b) A commissioners court or governing body of a 3-15 municipality may rescind a resolution adopted under Subsection 3-16 (a)(1) or (a)(2), but the rescission does not affect the operation 3-17 of a correctional facility at a particular location if the facility 3-18 was in operation or under construction at that location at the time 3-19 of rescission. 3-20 Sec. 244.004. EXEMPTIONS. This chapter does not apply to 3-21 the operation of a correctional facility at a particular location 3-22 if: 3-23 (1) on September 1, 1993, the correctional facility 3-24 was in operation, under construction, under contract for operation 3-25 or construction, or planned for construction at that location on 3-26 land owned or leased by an agency or political subdivision of the 3-27 state and designated for use as a correctional facility; or 4-1 (2) the correctional facility was in operation or 4-2 under construction before the establishment of a residential zoning 4-3 area, a private residence, a primary or secondary school, a public 4-4 park or public recreation area, or a church, synagogue, or other 4-5 house of worship within 1,000 feet of the correctional facility 4-6 location. 4-7 SECTION 2. This Act takes effect September 1, 1993. 4-8 SECTION 3. The importance of this legislation and the 4-9 crowded condition of the calendars in both houses create an 4-10 emergency and an imperative public necessity that the 4-11 constitutional rule requiring bills to be read on three several 4-12 days in each house be suspended, and this rule is hereby suspended.