By: Cain S.B. No. 496 97S0301/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to municipal and county consent for the placement of a 1-2 correctional or rehabilitation facility in close proximity to a 1-3 residential zoning area, private residence, school, park, or 1-4 recreation area or to a church, synagogue, or other house of 1-5 worship. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subtitle C, Title 7, Local Government Code, is 1-8 amended by adding Chapter 244 to read as follows: 1-9 CHAPTER 244. CORRECTIONAL OR REHABILITATION FACILITY LOCATION 1-10 Sec. 244.001. DEFINITIONS. In this chapter: 1-11 (1) "Correctional or rehabilitation facility" means a 1-12 probation or parole office or a facility that: 1-13 (A) is operated by an agency of the state, a 1-14 political subdivision of the state, or a private vendor operating 1-15 under a contract with an agency of the state or a political 1-16 subdivision of the state; and 1-17 (B) houses persons convicted of misdemeanors or 1-18 felonies or children found to have engaged in delinquent conduct, 1-19 whether the persons are housed in the facility: 1-20 (i) while serving a sentence of 1-21 confinement following conviction of an offense; 1-22 (ii) as a condition of probation, parole, 1-23 or mandatory supervision; or 2-1 (iii) pursuant to a court order for 2-2 out-of-home placement under Title III, Family Code. 2-3 (2) "Private residence" means a dwelling and includes 2-4 a single family home, duplex, multifamily unit, lodging or boarding 2-5 house, mobile home, resident or nursing home for the aged, and 2-6 foster home. 2-7 (3) "Residential zoning area" means an area designated 2-8 as a residential zoning district by a governing ordinance or code 2-9 or an area in which the principal permitted land use is for private 2-10 residences. 2-11 Sec. 244.002. PROXIMITY OF CORRECTIONAL OR REHABILITATION 2-12 FACILITY. (a) An agency of the state, a political subdivision of 2-13 the state, or a private vendor operating under a contract with an 2-14 agency or political subdivision of the state must give each 2-15 commissioners court specified under Section 244.003(a)(1) and the 2-16 governing body of each municipality specified under Section 2-17 244.003(a)(2) at least 60 days' notice prior to the commencement of 2-18 construction or operation of a correctional or rehabilitation 2-19 facility within one-half mile of a residential zoning area, a 2-20 private residence, a primary or secondary school, property 2-21 designated as a public park or public recreation area by the state 2-22 or a political subdivision of the state, or a church, synagogue, or 2-23 other house of worship. 2-24 (b) An agency of the state, a political subdivision of the 2-25 state, or a private vendor operating under a contract with an 3-1 agency or political subdivision of the state may operate a 3-2 correctional or rehabilitation facility within one-half mile of a 3-3 residential zoning area, a private residence, a primary or 3-4 secondary school, property designated as a public park or public 3-5 recreation area by the state or a political subdivision of the 3-6 state, or a church, synagogue, or other house of worship unless 3-7 local consent is denied under Section 244.003. 3-8 (c) For the purposes of this chapter, distance is measured 3-9 along the shortest straight line between the nearest property line 3-10 of the correctional or rehabilitation facility and the nearest 3-11 property line of the residential zoning area, residence, school, 3-12 park, recreation area, or house of worship, as appropriate. 3-13 (d) The governing body of a church, synagogue, or other 3-14 house of worship may waive the distance requirements of Subsection 3-15 (b) between a correctional or rehabilitation facility and the house 3-16 of worship by filing an acknowledged written statement of the 3-17 waiver in the deed records of the county in which the facility is 3-18 located. 3-19 Sec. 244.003. LOCAL CONSENT. (a) Local consent to the 3-20 operation of a correctional or rehabilitation facility at a 3-21 particular location is denied if within 60 days after the date 3-22 notice was received by the commissioners court or governing body of 3-23 a municipality: 3-24 (1) the commissioners court of any county with an 3-25 unincorporated area that includes all or part of the land within 4-1 one-half mile of the correctional or rehabilitation facility 4-2 location determines by resolution after a public hearing that it is 4-3 not in the best interest of the county to allow the operation of a 4-4 correctional or rehabilitation facility at that location; or 4-5 (2) the governing body of any municipality that 4-6 includes within its boundaries all or part of the land within 4-7 one-half mile of the correctional or rehabilitation facility 4-8 location determines by resolution after a public hearing that it is 4-9 not in the best interest of the municipality to allow the operation 4-10 of a correctional or rehabilitation facility at that location. 4-11 (b) A commissioners court or governing body of a 4-12 municipality may rescind a resolution adopted under Subsection 4-13 (a)(1) or (2). 4-14 Sec. 244.004. EXEMPTIONS. This chapter does not apply to 4-15 the operation of a correctional or rehabilitation facility at a 4-16 particular location if: 4-17 (1) on September 1, 1997, the correctional or 4-18 rehabilitation facility was in operation, under construction, under 4-19 contract for operation or construction, or planned for construction 4-20 at that location on land owned or leased by an agency or political 4-21 subdivision of the state and designated for use as a correctional 4-22 or rehabilitation facility; or 4-23 (2) the correctional or rehabilitation facility was in 4-24 operation or under construction before the establishment of a 4-25 residential zoning area. 5-1 SECTION 2. This Act takes effect September 1, 1997. 5-2 SECTION 3. The importance of this legislation and the 5-3 crowded condition of the calendars in both houses create an 5-4 emergency and an imperative public necessity that the 5-5 constitutional rule requiring bills to be read on three several 5-6 days in each house be suspended, and this rule is hereby suspended.