Amend HB 1550 by deleting SECTION 47 and adding a new SECTION
47 to read as follows:
      SECTION 47, Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 244 to read as follows:
                   CHAPTER 244.  CORRECTIONAL OR
                 REHABILITATION FACILITY LOCATION
      Sec. 244.001.  DEFINITIONS.  In this chapter:
            (1)  "Correctional or rehabilitation facility" means a
probation or parole office or a facility that:
            (A)  is operated by an agency of the state, a political
subdivision of the state, or a private vendor operating under a
contract with an agency of the state or a political subdivision of
the state; and
            (B)  houses persons convicted of misdemeanors or
felonies or children found to have engaged in delinquent conduct,
whether the persons are housed in the facility:
                  (i)  while serving a sentence of confinement
following conviction of an offense;
                  (ii)  as a condition of probation, parole, or
mandatory supervision; or
                  (iii)  pursuant to a court order for out-of-home
placement under Title III, Family Code.
      (2)  "Private residence" means a dwelling and includes a
single family home, duplex, multifamily unit, lodging or boarding
house, mobile home, resident or nursing home for the aged, and
foster home.
      (3)  "Residential zoning area" means an area designated as a
residential zoning district by a governing ordinance or code or an
area in which the principal permitted land use is for private
residences.
      Sec. 244.002.  PROXIMITY OF CORRECTIONAL OR REHABILITATION
FACILITY.  (a)  An agency of the state, a political subdivision of
the state, or a private vendor operating under a contract with an
agency or political subdivision of the state must give each
commissioners court specified under Section 244.003(a)(1) and the
governing body of each municipality specified under Section
244.003(a)(2) at least 60 days' notice prior to the commencement of
construction or operation of a correctional or rehabilitation
facility within one-half mile of a residential zoning area, a
private residence, a primary or secondary school, property
designated as a public park or public recreation area by the state
or a political subdivision of the state, or a church, synagogue, or
other house of worship.
      (b)  An agency of the state, a political subdivision of the
state, or a private vendor operating under a contract with an
agency or political subdivision of the state may operate a
correctional or rehabilitation facility within one-half mile of a
residential zoning area, a private residence, a primary or
secondary school, property designated as a public park or public
recreation area by the state or a political subdivision of the
state or a church, synagogue, or other house of worship unless
local consent is denied under Section 244.003.
      (c)  For the purposes of this chapter, distance is measured
along the shortest straight line between the nearest property line
of the correctional or rehabilitation facility and the nearest
property line of the residential zoning area, residence, school,
park, recreation area, or house of worship, as appropriate.
      (d)  The governing body of a church, synagogue, or other
house of worship may waive the distance requirements of Subsection
(b) between a correctional or rehabilitation facility and the house
of worship by filing an acknowledged written statement of the
waiver in the deed records of the county in which the facility is
located.
      Sec. 244.003.  LOCAL CONSENT.  (a)  Local consent to the
operation of a correctional or rehabilitation facility at a
particular location is denied if within 60 days after the date
notice was received by the commissioners court or governing body of
a municipality:
            (1)  the commissioners court of any county with an
unincorporated area that includes all or part of the land within
one-half mile of the correctional or rehabilitation facility
location determines by resolution after a public hearing that it is
not in the best interest of the county to allow the operation of a
correctional or rehabilitation facility at that location; or
            (2)  the governing body of any municipality that
includes within its boundaries all or part of the land within
one-half mile of the correctional or rehabilitation facility
location determines by resolution after a public hearing that it is
not in the best interest of the municipality to allow the operation
of a correctional or rehabilitation facility at that location.
      (b)  A commissioners court or governing body of a
municipality may rescind a resolution adopted under Subsection
(a)(1) or (2).
      Sec. 244.004.  EXEMPTIONS.  This chapter does not apply to
the operation of a correctional or rehabilitation facility at a
particular location if:
      (1)  on September 1, 1997, the correctional or rehabilitation
facility was in operation, under construction, under contract for
operation or construction, or planned for construction at that
location on land owned or leased by an agency or political
subdivision of the state and designated for use as a correctional
or rehabilitation facility; or
      (2)  the correctional or rehabilitation facility was in
operation or under construction before the establishment of a
residential zoning area.