SRC-JLB H.B. 1331 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1331
78R897 EMT-DBy: Solomons et al. (Lucio)
Government Organization
4/28/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 1331 continues and modifies the Correctional or Rehabilitation
Facility subchapter of the Local Government Code, currently set to expire
on September 1, 2003.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 244.002(a) and (b), Local Government Code, as
follows: 
 
(a)  Requires an agency of the state, a political subdivision of the
state, or a private vendor operating under a contract with an agency or
political subdivision of the state that proposes to construct or operate a
correctional or rehabilitation facility within 1,000 feet of a residential
area, a primary or secondary school, property designated as a public park
or public recreation area by the state or a political subdivision of the
state, or a church, synagogue, or other place of worship to perform
certain acts, including providing written notice to certain entities. 

 (b)  Requires an entity to include certain information in a notice.
 
SECTION 2.  Amends Section 244.004, Local Government Code, as follows:
 
Sec. 244.004.  LOCAL CONSENT.  (b)  Authorizes the public hearing
requirement established under Subsection (a) to be met by a public meeting
held under Section 508.119 or 509.010, Government Code, if certain
conditions exist. 

(c)  Authorizes the commissioners court of a county or governing body of a
municipality, if the public hearing requirement established under
Subsection (a) is met in the manner described by Subsection (b), to adopt
a resolution under Subsection (a) without holding a public hearing under
that subsection.  Provides that the commissioners court or governing body,
as appropriate, retains the discretion to hold a separate public hearing
under Subsection (a) as the commissioners court or governing body
considers necessary or appropriate. 
 
  (d)   Redesignated from existing Subsection (b).

SECTION 3.  Amends Section 244.007, Local Government Code, as follows:
 
Sec. 244.007.  CONFLICT WITH OTHER LAW.  Provides that this subchapter
prevails, to the extent of any conflict between this subchapter and
Sections 508.119 and 509.010, Government Code. 
 
SECTION 4.  Repealer:  Sections 244.005 (Written Request to Receive
Notice) and 244.008 (Sunset Review), Local Government Code. 
 
 SECTION 5.  Effective date:  September 1, 2003.