1-1           By:  Madla                                       S.B. No. 316

 1-2           (In the Senate - Filed January 28, 1997; January 30, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; February 19, 1997, reported favorably by the following

 1-5     vote:  Yeas 10, Nays 0; February 19, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the location of community homes.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 123.008, Human Resources Code, is amended

1-11     to read as follows:

1-12           Sec. 123.008.  LOCATION REQUIREMENT.  Establishment of a [A]

1-13     community home [may not be established] within one-half mile of an

1-14     existing community home is prohibited.

1-15           SECTION 2.  The purpose of this Act is to clarify the

1-16     legislative intent of Subsection (e), Section 3, Chapter 303, Acts

1-17     of the 69th Legislature, Regular Session, 1985 (Article 1011n,

1-18     Vernon's Texas Civil Statutes), which was codified as Section

1-19     123.008, Human Resources Code, in 1991.  The legislature intended

1-20     at that time to prohibit the establishment of a community home

1-21     within one-half mile of an existing community home.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

1-25     constitutional rule requiring bills to be read on three several

1-26     days in each house be suspended, and this rule is hereby suspended,

1-27     and that this Act take effect and be in force from and after its

1-28     passage, and it is so enacted.

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