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                                  * * * * *