By Gallegos S.B. No. 1073
76R1323 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on and notice of the location of a shelter
1-3 for the homeless.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Chapter 244, Local Government
1-6 Code, is amended to read as follows:
1-7 CHAPTER 244. [CORRECTIONAL OR
1-8 REHABILITATION FACILITY] LOCATION
1-9 OF CERTAIN FACILITIES AND SHELTERS
1-10 SECTION 2. Sections 244.001-244.008, Local Government Code,
1-11 are designated as Subchapter A of Chapter 244, Local Government
1-12 Code, and a heading to that subchapter is added to 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
1-18 Sec. 244.021. RESTRICTION. Unless local consent is granted
1-19 under Section 244.023, a person may not construct or operate a
1-20 shelter for homeless individuals within 1,000 feet of another
1-21 shelter for homeless individuals or a primary or secondary school.
1-22 Sec. 244.022. NOTICE. (a) A person who intends to
1-23 construct or operate a shelter for homeless individuals subject to
1-24 Section 244.021 shall:
2-1 (1) post notice of the proposed location of the
2-2 shelter at that location; and
2-3 (2) provide notice of the proposed location of the
2-4 shelter to:
2-5 (A) the commissioners court of any county with
2-6 an unincorporated area that includes all or part of the land within
2-7 1,000 feet of the proposed location of the shelter; and
2-8 (B) the governing body of any municipality that
2-9 includes within its boundaries all or part of the land within 1,000
2-10 feet of the proposed location of the shelter.
2-11 (b) The person shall post and provide the notice required by
2-12 Subsection (a) before the 61st day before the date the person
2-13 begins construction or operation of the homeless shelter, whichever
2-14 date is earlier.
2-15 Sec. 244.023. LOCAL CONSENT. (a) Local consent to the
2-16 operation of a shelter for homeless individuals at a location
2-17 within 1,000 feet of another shelter for homeless individuals or a
2-18 primary or secondary school is considered granted unless, before
2-19 the 61st day after the date notice is received by a commissioners
2-20 court or governing body of a municipality under Section
2-21 244.022(a)(2), the commissioners court or governing body, as
2-22 appropriate, determines by resolution after a public hearing that
2-23 the operation of a shelter at the proposed location is not in the
2-24 best interest of the county or municipality, as appropriate.
2-25 (b) A commissioners court or governing body of a
2-26 municipality may rescind a resolution adopted under Subsection (a).
2-27 Sec. 244.024. DISTANCE MEASUREMENT. For purposes of this
3-1 subchapter, distance is measured along the shortest straight line
3-2 between the nearest property line of the shelter for homeless
3-3 individuals and the nearest property line of another shelter for
3-4 homeless individuals or a primary or secondary school, as
3-5 appropriate.
3-6 SECTION 4. Section 244.001, Local Government Code, is
3-7 amended to read as follows:
3-8 Sec. 244.001. DEFINITIONS. In this subchapter [chapter]:
3-9 (1) "Correctional or rehabilitation facility" means a
3-10 probation or parole office or a residential facility that:
3-11 (A) is operated by an agency of the state, a
3-12 political subdivision of the state, or a private vendor operating
3-13 under a contract with an agency of the state or a political
3-14 subdivision of the state; and
3-15 (B) houses persons convicted of misdemeanors or
3-16 felonies or children found to have engaged in delinquent conduct,
3-17 regardless of whether the persons are housed in the residential
3-18 facility:
3-19 (i) while serving a sentence of
3-20 confinement following conviction of an offense;
3-21 (ii) as a condition of probation, parole,
3-22 or mandatory supervision; or
3-23 (iii) under a court order for out-of-home
3-24 placement under Title 3, Family Code, other than in a foster home
3-25 operated under a contract with the juvenile board of the county in
3-26 which the foster home is located or under a contract with the Texas
3-27 Youth Commission.
4-1 (2) "Residential area" means:
4-2 (A) an area designated as a residential zoning
4-3 district by a governing ordinance or code or an area in which the
4-4 principal permitted land use is for private residences;
4-5 (B) a subdivision for which a plat is recorded
4-6 in the real property records of the county and that contains or is
4-7 bounded by public streets or parts of public streets that are
4-8 abutted by residential property occupying at least 75 percent of
4-9 the front footage along the block face; or
4-10 (C) a subdivision for which a plat is recorded
4-11 in the real property records of the county and a majority of the
4-12 lots of which are subject to deed restrictions limiting the lots to
4-13 residential use.
4-14 SECTION 5. Section 244.002(c), Local Government Code, is
4-15 amended to read as follows:
4-16 (c) For purposes of this subchapter [chapter], distance is
4-17 measured along the shortest straight line between the nearest
4-18 property line of the correctional or rehabilitation facility and
4-19 the nearest property line of the residential area, school, park,
4-20 recreation area, or place of worship, as appropriate.
4-21 SECTION 6. Sections 244.006, 244.007, and 244.008, Local
4-22 Government Code, are amended to read as follows:
4-23 Sec. 244.006. EXEMPTIONS. This subchapter [chapter] does
4-24 not apply to the operation of a correctional or rehabilitation
4-25 facility at a location subject to this subchapter [chapter] if:
4-26 (1) on September 1, 1997, the correctional or
4-27 rehabilitation facility was in operation, under construction, under
5-1 contract for operation or construction, or planned for construction
5-2 at the location on land owned or leased by an agency or political
5-3 subdivision of the state and designated for use as a correctional
5-4 or rehabilitation facility;
5-5 (2) the correctional or rehabilitation facility was in
5-6 operation or under construction before the establishment of a
5-7 residential area the location of which makes the facility subject
5-8 to this subchapter [chapter];
5-9 (3) the correctional or rehabilitation facility is a
5-10 temporary correctional or rehabilitation facility that will be
5-11 operated at the location for less than one year;
5-12 (4) the correctional or rehabilitation facility is
5-13 required to obtain a special use permit or a conditional use permit
5-14 from the municipality in which the facility is located before
5-15 beginning operation;
5-16 (5) the correctional or rehabilitation facility is an
5-17 expansion of a facility operated by the institutional division of
5-18 the Texas Department of Criminal Justice or by the Texas Youth
5-19 Commission;
5-20 (6) the correctional or rehabilitation facility is a
5-21 county jail or a pre-adjudication or post-adjudication juvenile
5-22 detention facility operated by a county or county juvenile board;
5-23 (7) the facility is:
5-24 (A) a juvenile probation office located at, and
5-25 operated in conjunction with, a juvenile justice alternative
5-26 education center; and
5-27 (B) used exclusively by students attending the
6-1 juvenile justice alternative education center;
6-2 (8) the facility is a public or private institution of
6-3 higher education or vocational training to which admission is open
6-4 to the general public;
6-5 (9) the facility is operated primarily as a treatment
6-6 facility for juveniles under contract with the Texas Department of
6-7 Mental Health and Mental Retardation or a local mental health or
6-8 mental retardation authority;
6-9 (10) the facility is operated as a juvenile justice
6-10 alternative education program;
6-11 (11) the facility:
6-12 (A) is not operated primarily as a correctional
6-13 or rehabilitation facility; and
6-14 (B) only houses persons or children described by
6-15 Section 244.001(1)(B) for a purpose related to treatment or
6-16 education; or
6-17 (12) the facility is a probation or parole office
6-18 located in a commercial use area.
6-19 Sec. 244.007. CONFLICT WITH OTHER LAW. To the extent of any
6-20 conflict between this subchapter [chapter] and Section 509.010,
6-21 Government Code, this subchapter [chapter] prevails.
6-22 Sec. 244.008. SUNSET REVIEW. (a) The Sunset Advisory
6-23 Commission shall review this subchapter [chapter], evaluate the
6-24 operation and effectiveness of this subchapter [chapter], and, not
6-25 later than January 1, 2003, make recommendations to the legislature
6-26 and the governor regarding:
6-27 (1) the public necessity for this subchapter
7-1 [chapter];
7-2 (2) changes that would improve the notice and local
7-3 consent requirements of this subchapter [chapter]; and
7-4 (3) whether this subchapter [chapter] should be
7-5 continued, modified, or repealed.
7-6 (b) This subchapter [chapter] expires September 1, 2003.
7-7 SECTION 7. The change in law made by this Act by the
7-8 addition of Subchapter B, Chapter 244, Local Government Code,
7-9 applies only to construction or operation of a shelter for homeless
7-10 individuals that begins on or after the effective date of this Act.
7-11 Construction or operation of a shelter for homeless individuals
7-12 that begins before the effective date of this Act is covered by the
7-13 law in effect when construction or operation began, and the former
7-14 law is continued in effect for that purpose.
7-15 SECTION 8. This Act takes effect September 1, 1999.
7-16 SECTION 9. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.