By Dutton H.B. No. 2136
75R5111 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the consent of local governments to place a
1-3 correctional or rehabilitation facility in certain areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 11, Local Government Code, is
1-6 amended by adding Chapter 363 to read as follows:
1-7 CHAPTER 363. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE
1-8 CORRECTIONAL OR REHABILITATION FACILITIES
1-9 Sec. 363.001. DEFINITIONS. In this chapter:
1-10 (1) "Correctional or rehabilitation facility" means a
1-11 probation or parole office or a facility that:
1-12 (A) is operated by a governmental entity or a
1-13 private vendor operating under a contract with a governmental
1-14 entity; and
1-15 (B) houses persons convicted of a misdemeanor or
1-16 felony or children found to have engaged in delinquent conduct or
1-17 in conduct indicating a need for supervision if the residents are
1-18 housed in the facility:
1-19 (i) while serving a sentence of
1-20 confinement following conviction of an offense;
1-21 (ii) as a condition of community
1-22 supervision or mandatory supervision; or
1-23 (iii) under a court order for out-of-home
1-24 placement under Title 3, Family Code.
2-1 (2) "Governmental entity" means a state agency or a
2-2 political subdivision of the state.
2-3 (3) "Private residence" means a dwelling, including a
2-4 single family home, duplex, multifamily unit, lodging or boarding
2-5 house, mobile home, resident or nursing home for the aged, or
2-6 foster home.
2-7 (4) "Residential zoning area" means:
2-8 (A) an area designated as a residential zoning
2-9 district by a municipality or county; or
2-10 (B) an area in which the principal permitted
2-11 land use is residential.
2-12 Sec. 363.002. NOTICE OF PROPOSED CORRECTIONAL OR
2-13 REHABILITATION FACILITY. (a) Not later than the 60th day before
2-14 the date construction or operation of a correctional or
2-15 rehabilitation facility begins, a governmental entity or a private
2-16 vendor operating under a contract with a governmental entity that
2-17 intends to construct or operate the correctional or rehabilitation
2-18 facility within one-half mile of a residential zoning area, private
2-19 residence, primary or secondary school, house of worship, or
2-20 property designated as a public park or public recreation area by a
2-21 governmental entity must provide notice of the proposed
2-22 construction or operation of the facility to:
2-23 (1) the commissioners court of each county with an
2-24 unincorporated area that includes all or part of the land within
2-25 one-half mile of the correctional or rehabilitation facility; and
2-26 (2) the governing body of each municipality that
2-27 includes within its boundaries all or part of the land within
3-1 one-half mile of the correctional or rehabilitation facility.
3-2 (b) For the purpose of this section, distance is measured
3-3 along the shortest straight line between the nearest property line
3-4 of the correctional or rehabilitation facility and the nearest
3-5 property line of the residential zoning area, residence, school,
3-6 house of worship, park, or recreation area.
3-7 (c) The governing body of a house of worship may waive the
3-8 distance limitations of this section as the limitations pertain to
3-9 the house of worship by filing an acknowledged written statement of
3-10 the waiver in the deed records of the county in which the house of
3-11 worship is located.
3-12 Sec. 363.003. LOCAL CONSENT REQUIRED. A governmental entity
3-13 or private vendor operating under a contract with a governmental
3-14 entity may construct or operate a correctional or rehabilitation
3-15 facility beginning on the 61st day after the date the notice under
3-16 Section 363.002 is provided unless a commissioners court or
3-17 municipality entitled to receive notice determines by resolution
3-18 after a public hearing that permitting the construction or
3-19 operation of a correctional or rehabilitation facility at the
3-20 proposed location is not in the best interest of the county or
3-21 municipality.
3-22 SECTION 2. (a) This Act takes effect September 1, 1997.
3-23 (b) Except as provided by Subsection (c) of this section,
3-24 the changes in law made by this Act apply only to a correctional or
3-25 rehabilitation facility, as that term is defined by Section
3-26 363.001, Local Government Code, as added by this Act, for which
3-27 operation or construction begins after September 1, 1997.
4-1 (c) The changes in law made by this Act do not apply to a
4-2 correctional or rehabilitation facility, as that term is defined by
4-3 Section 363.001, Local Government Code, as added by this Act, that,
4-4 on September 1, 1997, was:
4-5 (1) under contract for operation or construction; or
4-6 (2) planned for construction at a location owned or
4-7 leased by a governmental entity and designated for use by the
4-8 governmental entity as a correctional or rehabilitation facility.
4-9 SECTION 3. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.