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.