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


Senate Research Center   S.B. 1073
76R1323 KEL-DBy: Gallegos
Intergovernmental Relations
4/12/1999
As Filed


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 would establish conditions
regarding restrictions on and notice of the location of a shelter for the
homeless. 

PURPOSE

As proposed, S.B. 1073 establishes conditions regarding restrictions on and
notice of the location of a shelter for the homeless. 

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
 
Sec. 244.021.  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 consent
is granted.   

Sec. 244.022.  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 homeless
shelter.   

Sec. 244.023.  LOCAL CONSENT.  Provides that local consent to the operation
of a shelter for homeless individuals within 1,000 feet of another shelter
or primary or secondary school, is considered granted by the commissioners
court or governing body of the municipality unless certain circumstances
warrant a hearing, after which the commissioners court or governing body
find that the operation of a shelter at the proposed location is not in the
best interest of the county or municipality.  Authorizes a commissioners
court or governing body to rescind an adopted resolution. 
 
Sec. 224.024.  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. 

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.