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.