Amend SB 365 on third reading by adding the following
appropriately numbered SECTION to the bill and renumbering the
subsequent SECTIONS of the bill appropriately:
      SECTION ____.  Chapter 244, Local Government Code, is amended
by adding Section 244.0055 to read as follows:
      Sec. 244.0055.  ADDITIONAL REQUIREMENTS FOR CERTAIN STATE
FACILITIES.  (a)  In this section:
            (1)  "Department" means the Texas Department of
Criminal Justice.
            (2)  "Facility" means a correctional or rehabilitation
facility that:
                  (A)  is used to house persons arrested for,
charged with, or convicted of misdemeanors or felonies; and
                  (B)  is located within one mile of a property
described by Section 244.002(a).
      (b)  The requirements of this section are in addition to the
requirements of this chapter.
      (c)  The department may not construct or operate a facility
under this section unless:
            (1)  the department provides notice and a public
hearing in accordance with this section; and
            (2)  consent to the construction or operation of the
facility is given as provided by Subsection (h).
      (d)  Notwithstanding Sections 244.002 and 244.005, the
department shall provide notice of a proposal to construct or
operate a facility under this section to:
            (1)  the commissioners court of a county with an
unincorporated area that includes all or part of the land that is
within one mile of the proposed facility;
            (2)  the governing body of a municipality that includes
within its boundaries all or part of the land that is within one
mile of the proposed facility; and
            (3)  the governing body of each neighborhood
association for a neighborhood within one mile of the proposed
facility.
      (e)  Notice under Subsection (d) must:
            (1)  describe the proposed facility and the proposed
location;
            (2)  provide the date, time, and location of a public
hearing on the proposal; and
            (3)  contain the following statement in bold letters:
"Under state law, consent to operate the proposed facility at the
proposed location may be granted only by a unanimous vote of the
commissioners court of the county, the governing body of the
municipality, or both, as appropriate, and by a majority vote of
the governing body of each neighborhood association for a
neighborhood within one mile of the proposed facility."
      (f)  A copy of the notice described by Subsection (e) must be
published in a newspaper of general circulation in the county or
municipality where the proposed facility is to be located.
      (g)  Not later than the 60th day after the date the
department provides notice under Subsection (d), the department
shall hold a public hearing on the proposal in a public meeting
facility that is located within 1-1/4 miles of the proposed
location of the facility.
      (h)  Following the public hearing, the department may
construct or operate the facility only if:
            (1)  the governing body of each neighborhood
association for a neighborhood within one mile of the proposed
facility, by majority vote, consents to the construction or
operation of the proposed facility; and
            (2)  the commissioners court of the county and the
governing body of the municipality that are entitled to receive
notice under Subsection (d) determine each by unanimous vote that
the construction or operation of the proposed facility is in the
best interest of the county or the municipality, as appropriate.
      (i)  Any affected person, including a person residing within
one mile of the proposed facility, may maintain an action to halt
the construction or operation of a facility in violation of this
section.  A court may grant an injunction or any other necessary
relief.