AN ACT
1-1 relating to restrictions on and notice of the location of a shelter
1-2 for homeless individuals in certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading to Chapter 244, Local Government
1-5 Code, is amended to read as follows:
1-6 CHAPTER 244. [CORRECTIONAL OR
1-7 REHABILITATION FACILITY] LOCATION
1-8 OF CERTAIN FACILITIES AND SHELTERS
1-9 SECTION 2. Sections 244.001 through 244.008, Local
1-10 Government Code, are designated as Subchapter A of Chapter 244,
1-11 Local Government Code, and a heading to that subchapter is added to
1-12 read as follows:
1-13 SUBCHAPTER A. CORRECTIONAL OR
1-14 REHABILITATION FACILITY
1-15 SECTION 3. Chapter 244, Local Government Code, is amended by
1-16 adding Subchapter B to read as follows:
1-17 SUBCHAPTER B. SHELTER FOR HOMELESS INDIVIDUALS
1-18 Sec. 244.021. DEFINITION. In this subchapter, "shelter for
1-19 homeless individuals" means a supervised private facility that
1-20 provides temporary living accommodations for homeless individuals.
1-21 Sec. 244.022. APPLICATION OF SUBCHAPTER. This subchapter
1-22 applies only to construction or operation of a shelter for homeless
1-23 individuals that is located or proposed to be located within the
1-24 boundaries of a municipality with a population of 1.6 million or
2-1 more.
2-2 Sec. 244.023. RESTRICTION. Unless municipal consent is
2-3 granted under Section 244.025, a person may not construct or
2-4 operate a shelter for homeless individuals within 1,000 feet of
2-5 another shelter for homeless individuals or a primary or secondary
2-6 school.
2-7 Sec. 244.024. NOTICE. (a) A person who intends to
2-8 construct or operate a shelter for homeless individuals subject to
2-9 Section 244.023 shall:
2-10 (1) post notice of the proposed location of the
2-11 shelter at that location; and
2-12 (2) provide notice of the proposed location of the
2-13 shelter to the governing body of the municipality within the
2-14 boundaries of which the shelter is proposed to be located.
2-15 (b) The person shall post and provide the notice required by
2-16 Subsection (a) before the 61st day before the date the person
2-17 begins construction or operation of the shelter for homeless
2-18 individuals, whichever date is earlier.
2-19 Sec. 244.025. MUNICIPAL CONSENT. (a) Municipal consent to
2-20 the construction or operation of a shelter for homeless individuals
2-21 subject to Section 244.023 is considered granted unless, before the
2-22 61st day after the date notice is received by the governing body of
2-23 the municipality under Section 244.024(a)(2), the governing body
2-24 determines by resolution after a public hearing that the
2-25 construction or operation of a shelter at the proposed location is
2-26 not in the best interest of the municipality.
3-1 (b) The governing body of the municipality may rescind a
3-2 resolution adopted under Subsection (a).
3-3 Sec. 244.026. DISTANCE MEASUREMENT. For purposes of this
3-4 subchapter, distance is measured along the shortest straight line
3-5 between the nearest property line of the shelter for homeless
3-6 individuals and the nearest property line of another shelter for
3-7 homeless individuals or a primary or secondary school, as
3-8 appropriate.
3-9 SECTION 4. Section 244.001, Local Government Code, is
3-10 amended to read as follows:
3-11 Sec. 244.001. DEFINITIONS. In this subchapter [chapter]:
3-12 (1) "Correctional or rehabilitation facility" means a
3-13 probation or parole office or a residential facility that:
3-14 (A) is operated by an agency of the state, a
3-15 political subdivision of the state, or a private vendor operating
3-16 under a contract with an agency of the state or a political
3-17 subdivision of the state; and
3-18 (B) houses persons convicted of misdemeanors or
3-19 felonies or children found to have engaged in delinquent conduct,
3-20 regardless of whether the persons are housed in the residential
3-21 facility:
3-22 (i) while serving a sentence of
3-23 confinement following conviction of an offense;
3-24 (ii) as a condition of probation, parole,
3-25 or mandatory supervision; or
3-26 (iii) under a court order for out-of-home
4-1 placement under Title 3, Family Code, other than in a foster home
4-2 operated under a contract with the juvenile board of the county in
4-3 which the foster home is located or under a contract with the Texas
4-4 Youth Commission.
4-5 (2) "Residential area" means:
4-6 (A) an area designated as a residential zoning
4-7 district by a governing ordinance or code or an area in which the
4-8 principal permitted land use is for private residences;
4-9 (B) a subdivision for which a plat is recorded
4-10 in the real property records of the county and that contains or is
4-11 bounded by public streets or parts of public streets that are
4-12 abutted by residential property occupying at least 75 percent of
4-13 the front footage along the block face; or
4-14 (C) a subdivision for which a plat is recorded
4-15 in the real property records of the county and a majority of the
4-16 lots of which are subject to deed restrictions limiting the lots to
4-17 residential use.
4-18 SECTION 5. Subsection (c), Section 244.002, Local Government
4-19 Code, is amended to read as follows:
4-20 (c) For purposes of this subchapter [chapter], distance is
4-21 measured along the shortest straight line between the nearest
4-22 property line of the correctional or rehabilitation facility and
4-23 the nearest property line of the residential area, school, park,
4-24 recreation area, or place of worship, as appropriate.
4-25 SECTION 6. Sections 244.006, 244.007, and 244.008, Local
4-26 Government Code, are amended to read as follows:
5-1 Sec. 244.006. EXEMPTIONS. This subchapter [chapter] does
5-2 not apply to the operation of a correctional or rehabilitation
5-3 facility at a location subject to this subchapter [chapter] if:
5-4 (1) on September 1, 1997, the correctional or
5-5 rehabilitation facility was in operation, under construction, under
5-6 contract for operation or construction, or planned for construction
5-7 at the location on land owned or leased by an agency or political
5-8 subdivision of the state and designated for use as a correctional
5-9 or rehabilitation facility;
5-10 (2) the correctional or rehabilitation facility was in
5-11 operation or under construction before the establishment of a
5-12 residential area the location of which makes the facility subject
5-13 to this subchapter [chapter];
5-14 (3) the correctional or rehabilitation facility is a
5-15 temporary correctional or rehabilitation facility that will be
5-16 operated at the location for less than one year;
5-17 (4) the correctional or rehabilitation facility is
5-18 required to obtain a special use permit or a conditional use permit
5-19 from the municipality in which the facility is located before
5-20 beginning operation;
5-21 (5) the correctional or rehabilitation facility is an
5-22 expansion of a facility operated by the institutional division of
5-23 the Texas Department of Criminal Justice or by the Texas Youth
5-24 Commission;
5-25 (6) the correctional or rehabilitation facility is a
5-26 county jail or a pre-adjudication or post-adjudication juvenile
6-1 detention facility operated by a county or county juvenile board;
6-2 (7) the facility is:
6-3 (A) a juvenile probation office located at, and
6-4 operated in conjunction with, a juvenile justice alternative
6-5 education center; and
6-6 (B) used exclusively by students attending the
6-7 juvenile justice alternative education center;
6-8 (8) the facility is a public or private institution of
6-9 higher education or vocational training to which admission is open
6-10 to the general public;
6-11 (9) the facility is operated primarily as a treatment
6-12 facility for juveniles under contract with the Texas Department of
6-13 Mental Health and Mental Retardation or a local mental health or
6-14 mental retardation authority;
6-15 (10) the facility is operated as a juvenile justice
6-16 alternative education program;
6-17 (11) the facility:
6-18 (A) is not operated primarily as a correctional
6-19 or rehabilitation facility; and
6-20 (B) only houses persons or children described by
6-21 Section 244.001(1)(B) for a purpose related to treatment or
6-22 education; or
6-23 (12) the facility is a probation or parole office
6-24 located in a commercial use area.
6-25 Sec. 244.007. CONFLICT WITH OTHER LAW. To the extent of any
6-26 conflict between this subchapter [chapter] and Section 509.010,
7-1 Government Code, this subchapter [chapter] prevails.
7-2 Sec. 244.008. SUNSET REVIEW. (a) The Sunset Advisory
7-3 Commission shall review this subchapter [chapter], evaluate the
7-4 operation and effectiveness of this subchapter [chapter], and, not
7-5 later than January 1, 2003, make recommendations to the legislature
7-6 and the governor regarding:
7-7 (1) the public necessity for this subchapter
7-8 [chapter];
7-9 (2) changes that would improve the notice and local
7-10 consent requirements of this subchapter [chapter]; and
7-11 (3) whether this subchapter [chapter] should be
7-12 continued, modified, or repealed.
7-13 (b) This subchapter [chapter] expires September 1, 2003.
7-14 SECTION 7. The change in law made by this Act by the
7-15 addition of Subchapter B, Chapter 244, Local Government Code,
7-16 applies only to construction or operation of a shelter for homeless
7-17 individuals that begins on or after the effective date of this Act.
7-18 Construction or operation of a shelter for homeless individuals
7-19 that begins before the effective date of this Act is covered by the
7-20 law in effect when construction or operation began, and the former
7-21 law is continued in effect for that purpose.
7-22 SECTION 8. This Act takes effect September 1, 1999.
7-23 SECTION 9. The importance of this legislation and the
7-24 crowded condition of the calendars in both houses create an
7-25 emergency and an imperative public necessity that the
7-26 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1073 passed the Senate on
April 26, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1073 passed the House on
May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor