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


Senate Research CenterC.S.S.B. 1073
76R11863 KEL-DBy: Gallegos
Intergovernmental Relations
4/16/1999
Committee Report (Substituted)


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. C.S.S.B. 1073 would establish conditions
regarding restrictions on and notice of the location of a shelter for the
homeless. 

PURPOSE

As proposed, C.S.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.  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. 244.022.  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. 244.023.  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. 244.024.  MUNICIPAL CONSENT.  Provides that municipal consent to the
construction or operation of a shelter for homeless individuals subject to
Section 244.022 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. 224.025.  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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Chapter 244, Local Government Code, by adding a new Section 244.021,
regarding the application of this subchapter.  Renumbers subsequent
sections. 
 
Amends Section 244.023, Local Government Code, to set forth requirements
for a person who intends to construct or operate a shelter for homeless
individuals, including the need to provide notice of the proposed location
of the shelter to the municipality. 
 
Amends Section 244.024, Local Government Code, to add a new heading.
Requires certain municipal consent regarding the construction or operation
of a shelter for homeless individuals.