Amend Committee Amendment No. 1 to HB 1550 by striking the
text of the amendment (Senate Committee Report, page 1, lines 9-65,
and page 2, lines 1-37) and substituting the following:
Amend HB 1550 as follows:
(1) In SECTION 17 of the bill, in amended Section 58.002,
Family Code, strike added Subsection (c) (Senate Committee Report,
page 10, lines 46-48) and substitute the following:
(c) This section does not prohibit a law enforcement officer
from photographing or fingerprinting a child who is not in custody
if the child's parent or guardian voluntarily consents in writing
to the photographing or fingerprinting of the child.
(2) In SECTION 25 of the bill, in amended Section
59.006(a)(1), Family Code, strike "more <not less>" (Senate
Committee Report, page 13, line 34) and substitute "not less".
(3) In SECTION 25 of the bill, in amended Section
59.006(a)(1), Family Code, strike "and not" (Senate Committee
Report, page 13, line 35) and substitute "or".
(4) In SECTION 27 of the bill, in amended Section
59.008(a)(1), Family Code, between "(1)" and "place" (Senate
Committee Report, page 14, line 10), insert "as a condition of
probation,".
(5) Strike SECTION 47 of the bill (Senate Committee Report,
page 19, lines 50-69, and page 20, lines 1-42) and substitute the
following:
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,
regardless of 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) under a court order for out-of-home
placement under Title 3, Family Code, other than in a foster home
operated under a contract with the juvenile board of the county in
which the foster home is located.
(2) "Residential area" means:
(A) 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;
(B) a subdivision for which a plat is recorded
in the real property records of the county and that contains or is
bounded by public streets or parts of public streets that are
abutted by residential property occupying at least 75 percent of
the front footage along the block face; or
(C) a subdivision for which a plat is recorded
in the real property records of the county and a majority of the
lots of which are subject to deed restrictions limiting the lots to
residential use.
Sec. 244.002. NOTICE OF PROPOSED LOCATION. (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 that proposes to construct or operate a
correctional or rehabilitation facility within 1,000 feet of a
residential area, 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 place of worship shall, if a request is made under Section
244.005, notify:
(1) the commissioners court of any county with an
unincorporated area that includes all or part of the land within
1,000 feet of the proposed correctional or rehabilitation facility;
and
(2) the governing body of any municipality that
includes within its boundaries all or part of the land within 1,000
feet of the proposed correctional or rehabilitation facility.
(b) An entity required to give notice under Subsection (a)
shall give notice not later than the 60th day before the date the
entity begins construction or operation of the correctional or
rehabilitation facility.
(c) For 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 area, school, park, recreation area, or
place of worship, as appropriate.
Sec. 244.003. PROXIMITY OF CORRECTIONAL OR REHABILITATION
FACILITY. (a) Unless local consent is denied under Section
244.004, 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 1,000 feet of a
residential area, 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 place of worship.
(b) The governing body of a church, synagogue, or other
place of worship may waive the distance requirements of Section
244.002 between a correctional or rehabilitation facility and the
place 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. 244.004. LOCAL CONSENT. (a) Local consent to the
operation of a correctional or rehabilitation facility at a
location within 1,000 feet of a residential area, a primary or
secondary school, property designated as a park or public
recreation area by the state or a political subdivision of the
state, or a church, synagogue, or other place of worship is denied
if, not later than the 60th day after the date on which notice is
received by a commissioners court or governing body of a
municipality under Section 244.002(a), the commissioners court or
governing body, as appropriate, determines by resolution after a
public hearing that the operation of a correctional or
rehabilitation facility at the proposed location is not in the best
interest of the county or municipality, as appropriate.
(b) A commissioners court or governing body of a
municipality may rescind a resolution adopted under Subsection (a).
Sec. 244.005. WRITTEN REQUEST TO RECEIVE NOTICE. (a) The
commissioners court of a county described under Section
244.002(a)(1) and the governing body of a municipality described
under Section 244.002(a)(2) are entitled to notice under Section
244.002(a) only if the commissioners court or the governing body,
as appropriate, submits by resolution to the agency or political
subdivision of the state that proposes to construct or operate a
correctional or rehabilitation facility, or that contracts for the
construction or operation of a correctional or rehabilitation
facility, a written request to receive notice.
(b) The commissioners court of a county described under
Section 244.002(a)(1) and the governing body of a municipality
described under Section 244.002(a)(2) are entitled to receive
notice under Section 244.002(a) from a private vendor that
contracts with an agency or political subdivision of the state only
if the commissioners court or governing body, as appropriate,
submits by resolution to the contracting agency or political
subdivision of the state a written request to receive notice.
Sec. 244.006. EXEMPTIONS. This chapter does not apply to the
operation of a correctional or rehabilitation facility at a
location subject to this chapter 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 the 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;
(2) the correctional or rehabilitation facility was in
operation or under construction before the establishment of a
residential area the location of which makes the facility subject
to this chapter;
(3) the correctional or rehabilitation facility is a
temporary correctional or rehabilitation facility that will be
operated at the location for less than one year;
(4) the correctional or rehabilitation facility is
required to obtain a special use permit or a conditional use permit
from the municipality in which the facility is located before
beginning operation;
(5) the correctional or rehabilitation facility is an
expansion of a facility operated by the institutional division of
the Texas Department of Criminal Justice; or
(6) the correctional or rehabilitation facility is a
county jail or a pre-adjudication juvenile detention facility
operated by a county or county juvenile board.