JKC S.B. 316 75(R)    BILL ANALYSIS


HUMAN SERVICES
S.B. 316
By: Madla (Nixon, Joe)
4-14-97
Committee Report (Unamended)



BACKGROUND 

Currently, a U.S. District Court Judge in Houston, Texas, interpreted
Section 123.008, Human Resources Code, relating to the location
requirement for community homes for disabled persons, as being permissive.
This section provides that a community home may not be established within
onehalf mile of an existing community home.  The legislature intended to
prohibit establishment of a community home within one-half mile of an
existing home.  This bill provides that the establishment of such a home
is prohibited within one-half mile of an existing community home instead
of providing that it may not be established within the same amount of
distance from an existing home.   
PURPOSE

As proposed, S.B. 316 provides that establishment of a community home for
disabled persons is prohibited within one-half mile of an existing
community home.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 123.008, Human Resources Code, to prohibit the
establishment of a community home within one-half mile of an existing
community home. 

SECTION 2.Provides that the purpose of this Act is to clarify the
legislative intent behind Section 123.008, Human Resources Code, relating
to the location requirement for community homes for disabled persons.
Provides that the legislative intent was to prohibit the establishment of
a community home within one-half mile of an existing community home.   

SECTION 3.Emergency Clause.
 Effective Date: upon passage.