SRC-JJJ S.B. 1073 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1073
By: Gallegos
Intergovernmental Relations
7/27/1999
Enrolled


DIGEST 

Currently there is no state law that dictates where a shelter for the
homeless may be built or operated. Many cities deal with the issue with
zoning laws, which creates a problem for the City of Houston, which does
not have a zoning authority. S.B. 1073 will establish conditions regarding
restrictions on and notice of the location of a shelter for homeless
individuals. 

PURPOSE

As enrolled, S.B. 1073 establishes conditions regarding restrictions on and
notice of the location of a shelter for homeless individuals in certain
municipalities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Chapter 244, Local Government Code, as
follows: 

CHAPTER 244.  New heading:  LOCATION OF CERTAIN FACILITIES AND SHELTERS

SECTION 2.  Amends Chapter 244, Local Government Code, to designate
Sections 244.001244.008 as Subchapter A, with the heading as follows: 

SUBCHAPTER A.  CORRECTIONAL OR REHABILITATION FACILITY

SECTION 3.  Amends Chapter 244, Local Government Code, by adding Subchapter
B, as follows: 

SUBCHAPTER B.  SHELTER FOR HOMELESS INDIVIDUALS

 Sec. 244.021.  DEFINITION.  Defines "shelter for homeless individuals."
 
Sec. 244.022.  APPLICATION OF SUBCHAPTER.  Provides that this subchapter
applies only to the construction or operation of a shelter for homeless
individuals that is located or proposed to be located within the boundaries
of a municipality with a population of 1.6 million or more. 

Sec. 244.023.  RESTRICTION.  Prohibits a person from constructing or
operating a shelter for homeless individuals within 1,000 feet of another
shelter for the homeless or a primary or secondary school, unless municipal
consent is granted.   

Sec. 244.024.  NOTICE.  Sets forth requirements for a person who intends to
construct or operate a shelter for homeless individuals.  Requires the
person to post and provide the required notice before the 61st day before
the date the person begins construction or operation of the shelter for
homeless individuals.   

Sec. 244.025.  MUNICIPAL CONSENT.  Provides that municipal consent to the
construction or operation of a shelter for homeless individuals subject to
Section 244.023  is considered granted unless, before the 61st day after
the date the notice is received by the governing body of the municipality,
the governing body determines that the construction of the shelter at the
proposed location is not in the best interest of the municipality. 
 
Sec. 224.026.  DISTANCE MEASUREMENT.  Provides that the distance is
measured along the shortest straight line between the nearest property line
of the shelter to the nearest property line  of another shelter or a
primary or secondary school.  Authorizes a governing body to rescind an
adopted resolution. 

SECTION 4.  Amends Section 244.001, Local Government Code, to set forth the
definitions in this subchapter, rather than chapter.  

SECTION 5.  Amends Section 244.002(c), Local Government Code, to make a
conforming change. 

SECTION 6.  Amends Sections 244.006-244.008, Local Government Code, to make
conforming changes. 

SECTION 7.  Makes application of this Act prospective.

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.