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.