1-1 By: Gallegos S.B. No. 1073
1-2 (In the Senate - Filed March 9, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 19, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 April 19, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1073 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to restrictions on and notice of the location of a shelter
1-11 for the homeless in certain municipalities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The heading to Chapter 244, Local Government
1-14 Code, is amended to read as follows:
1-15 CHAPTER 244. [CORRECTIONAL OR
1-16 REHABILITATION FACILITY] LOCATION
1-17 OF CERTAIN FACILITIES AND SHELTERS
1-18 SECTION 2. Sections 244.001 through 244.008, Local
1-19 Government Code, are designated as Subchapter A of Chapter 244,
1-20 Local Government Code, and a heading to that subchapter is added to
1-21 read as follows:
1-22 SUBCHAPTER A. CORRECTIONAL OR
1-23 REHABILITATION FACILITY
1-24 SECTION 3. Chapter 244, Local Government Code, is amended by
1-25 adding Subchapter B to read as follows:
1-26 SUBCHAPTER B. SHELTER FOR HOMELESS
1-27 Sec. 244.021. APPLICATION OF SUBCHAPTER. This subchapter
1-28 applies only to construction or operation of a shelter for homeless
1-29 individuals that is located or proposed to be located within the
1-30 boundaries of a municipality with a population of 1.6 million or
1-31 more.
1-32 Sec. 244.022. RESTRICTION. Unless municipal consent is
1-33 granted under Section 244.024, a person may not construct or
1-34 operate a shelter for homeless individuals within 1,000 feet of
1-35 another shelter for homeless individuals or a primary or secondary
1-36 school.
1-37 Sec. 244.023. NOTICE. (a) A person who intends to
1-38 construct or operate a shelter for homeless individuals subject to
1-39 Section 244.022 shall:
1-40 (1) post notice of the proposed location of the
1-41 shelter at that location; and
1-42 (2) provide notice of the proposed location of the
1-43 shelter to the governing body of the municipality within the
1-44 boundaries of which the shelter is proposed to be located.
1-45 (b) The person shall post and provide the notice required by
1-46 Subsection (a) before the 61st day before the date the person
1-47 begins construction or operation of the homeless shelter, whichever
1-48 date is earlier.
1-49 Sec. 244.024. MUNICIPAL CONSENT. (a) Municipal consent to
1-50 the construction or operation of a shelter for homeless individuals
1-51 subject to Section 244.022 is considered granted unless, before the
1-52 61st day after the date notice is received by the governing body of
1-53 the municipality under Section 244.023(a)(2), the governing body
1-54 determines by resolution after a public hearing that the
1-55 construction or operation of a shelter at the proposed location is
1-56 not in the best interest of the municipality.
1-57 (b) The governing body of the municipality may rescind a
1-58 resolution adopted under Subsection (a).
1-59 Sec. 244.025. DISTANCE MEASUREMENT. For purposes of this
1-60 subchapter, distance is measured along the shortest straight line
1-61 between the nearest property line of the shelter for homeless
1-62 individuals and the nearest property line of another shelter for
1-63 homeless individuals or a primary or secondary school, as
1-64 appropriate.
2-1 SECTION 4. Section 244.001, Local Government Code, is
2-2 amended to read as follows:
2-3 Sec. 244.001. DEFINITIONS. In this subchapter [chapter]:
2-4 (1) "Correctional or rehabilitation facility" means a
2-5 probation or parole office or a residential facility that:
2-6 (A) is operated by an agency of the state, a
2-7 political subdivision of the state, or a private vendor operating
2-8 under a contract with an agency of the state or a political
2-9 subdivision of the state; and
2-10 (B) houses persons convicted of misdemeanors or
2-11 felonies or children found to have engaged in delinquent conduct,
2-12 regardless of whether the persons are housed in the residential
2-13 facility:
2-14 (i) while serving a sentence of
2-15 confinement following conviction of an offense;
2-16 (ii) as a condition of probation, parole,
2-17 or mandatory supervision; or
2-18 (iii) under a court order for out-of-home
2-19 placement under Title 3, Family Code, other than in a foster home
2-20 operated under a contract with the juvenile board of the county in
2-21 which the foster home is located or under a contract with the Texas
2-22 Youth Commission.
2-23 (2) "Residential area" means:
2-24 (A) an area designated as a residential zoning
2-25 district by a governing ordinance or code or an area in which the
2-26 principal permitted land use is for private residences;
2-27 (B) a subdivision for which a plat is recorded
2-28 in the real property records of the county and that contains or is
2-29 bounded by public streets or parts of public streets that are
2-30 abutted by residential property occupying at least 75 percent of
2-31 the front footage along the block face; or
2-32 (C) a subdivision for which a plat is recorded
2-33 in the real property records of the county and a majority of the
2-34 lots of which are subject to deed restrictions limiting the lots to
2-35 residential use.
2-36 SECTION 5. Subsection (c), Section 244.002, Local Government
2-37 Code, is amended to read as follows:
2-38 (c) For purposes of this subchapter [chapter], distance is
2-39 measured along the shortest straight line between the nearest
2-40 property line of the correctional or rehabilitation facility and
2-41 the nearest property line of the residential area, school, park,
2-42 recreation area, or place of worship, as appropriate.
2-43 SECTION 6. Sections 244.006, 244.007, and 244.008, Local
2-44 Government Code, are amended to read as follows:
2-45 Sec. 244.006. EXEMPTIONS. This subchapter [chapter] does
2-46 not apply to the operation of a correctional or rehabilitation
2-47 facility at a location subject to this subchapter [chapter] if:
2-48 (1) on September 1, 1997, the correctional or
2-49 rehabilitation facility was in operation, under construction, under
2-50 contract for operation or construction, or planned for construction
2-51 at the location on land owned or leased by an agency or political
2-52 subdivision of the state and designated for use as a correctional
2-53 or rehabilitation facility;
2-54 (2) the correctional or rehabilitation facility was in
2-55 operation or under construction before the establishment of a
2-56 residential area the location of which makes the facility subject
2-57 to this subchapter [chapter];
2-58 (3) the correctional or rehabilitation facility is a
2-59 temporary correctional or rehabilitation facility that will be
2-60 operated at the location for less than one year;
2-61 (4) the correctional or rehabilitation facility is
2-62 required to obtain a special use permit or a conditional use permit
2-63 from the municipality in which the facility is located before
2-64 beginning operation;
2-65 (5) the correctional or rehabilitation facility is an
2-66 expansion of a facility operated by the institutional division of
2-67 the Texas Department of Criminal Justice or by the Texas Youth
2-68 Commission;
2-69 (6) the correctional or rehabilitation facility is a
3-1 county jail or a pre-adjudication or post-adjudication juvenile
3-2 detention facility operated by a county or county juvenile board;
3-3 (7) the facility is:
3-4 (A) a juvenile probation office located at, and
3-5 operated in conjunction with, a juvenile justice alternative
3-6 education center; and
3-7 (B) used exclusively by students attending the
3-8 juvenile justice alternative education center;
3-9 (8) the facility is a public or private institution of
3-10 higher education or vocational training to which admission is open
3-11 to the general public;
3-12 (9) the facility is operated primarily as a treatment
3-13 facility for juveniles under contract with the Texas Department of
3-14 Mental Health and Mental Retardation or a local mental health or
3-15 mental retardation authority;
3-16 (10) the facility is operated as a juvenile justice
3-17 alternative education program;
3-18 (11) the facility:
3-19 (A) is not operated primarily as a correctional
3-20 or rehabilitation facility; and
3-21 (B) only houses persons or children described by
3-22 Section 244.001(1)(B) for a purpose related to treatment or
3-23 education; or
3-24 (12) the facility is a probation or parole office
3-25 located in a commercial use area.
3-26 Sec. 244.007. CONFLICT WITH OTHER LAW. To the extent of any
3-27 conflict between this subchapter [chapter] and Section 509.010,
3-28 Government Code, this subchapter [chapter] prevails.
3-29 Sec. 244.008. SUNSET REVIEW. (a) The Sunset Advisory
3-30 Commission shall review this subchapter [chapter], evaluate the
3-31 operation and effectiveness of this subchapter [chapter], and, not
3-32 later than January 1, 2003, make recommendations to the legislature
3-33 and the governor regarding:
3-34 (1) the public necessity for this subchapter
3-35 [chapter];
3-36 (2) changes that would improve the notice and local
3-37 consent requirements of this subchapter [chapter]; and
3-38 (3) whether this subchapter [chapter] should be
3-39 continued, modified, or repealed.
3-40 (b) This subchapter [chapter] expires September 1, 2003.
3-41 SECTION 7. The change in law made by this Act by the
3-42 addition of Subchapter B, Chapter 244, Local Government Code,
3-43 applies only to construction or operation of a shelter for homeless
3-44 individuals that begins on or after the effective date of this Act.
3-45 Construction or operation of a shelter for homeless individuals
3-46 that begins before the effective date of this Act is covered by the
3-47 law in effect when construction or operation began, and the former
3-48 law is continued in effect for that purpose.
3-49 SECTION 8. This Act takes effect September 1, 1999.
3-50 SECTION 9. The importance of this legislation and the
3-51 crowded condition of the calendars in both houses create an
3-52 emergency and an imperative public necessity that the
3-53 constitutional rule requiring bills to be read on three several
3-54 days in each house be suspended, and this rule is hereby suspended.
3-55 * * * * *