SRC-VRA H.B. 1859 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1859
78R12427 SMJ-DBy: Bohac (Whitmire)
Health & Human Services
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Chapter 244 of the Local Government Code is entitled Location Of Certain
Facilities and Shelters. Subchapter A concerns correctional and
rehabilitation facilities; Subchapter B addresses homeless shelters.  The
definition of "correctional or rehabilitation facilities" in the statute
only applies to facilities that house persons convicted of misdemeanors or
felonies.  Current law requires public notification if these facilities
are to be located within 1,000 feet of residences, schools, parks, and
churches.  Local consent to construct these facilities may also be
required.  (Provisions in Subchapter B concerning homeless shelters are
limited to cities with a population of 1.6 million.)  Current law does not
extend these provisions to chemical dependency treatment facilities,
recovery centers, or certain types of halfway houses.  H.B. 1859 allows
local municipalities to hold a public on the location of a treatment
facility. 

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 Chapter 244, Local Government Code, by adding
Subchapter C , as follows: 

SUBCHAPTER C.  CHEMICAL DEPENDENCY TREATMENT FACILITIES
 
 Sec. 244.051.  DEFINITIONS.  Defines "treatment facility" and "affected
property." 
 
Sec. 244.052.  APPLICABILITY.  Provides that this subchapter does not
apply to an alternative education program under Section 37.008, Education
Code, that is licensed under Chapter 464, Health and Safety Code, to
provide chemical dependency treatment services or an entity described by
Section 464.003 or 464.052, Health and Safety Code. 
 
Sec. 244.053.  NOTICE OF PROPOSED LOCATION.  (a)  Requires a person who
intends to construct or operate a treatment facility within 1,000 feet of
an affected property to notify the governing body of the municipality in
which the affected property is located and post the notice required by
Subsection (b). 
 
(b)  Requires a person described by Subsection (a) to prominently post an
outdoor sign at the proposed location of the treatment facility stating
that the person is intending to construct or operate a chemical dependency
treatment facility at the location and providing the person's name and
business address.  Requires the sign to be at least four by six feet in
size and to be written in lettering at least four inches in height.
Authorizes the municipality in which the affected property is located to
require the sign to be both in English and in a language other than
English if it is likely that a substantial number of the residents in the
area speak as their primary language a language other than English. 
 
 (c)  Requires a person to give the notice required by this section not
later than the 90th day before the date the person begins construction or
operation of the treatment facility. 
 
(d)  Requires the notice required by this section, if the affected
property is located in more than one municipality, to be given to each
municipality, and the procedures prescribed by this subchapter to be
followed in relation to each municipality. 
 
Sec. 244.054.  CONSTRUCTION OR OPERATION OF FACILITY.  Authorizes a
person, after complying with the notice requirements of Section 244.053,
to construct or operate a treatment facility within 1,000 feet of an
affected property only if the governing body of the municipality does not
issue a resolution under Section 244.055 denying the municipality's
consent to the construction or operation. 
 
Sec. 244.055.  LOCAL CONSENT.  (a)  Provides that the municipality denies
consent to the construction or operation of a treatment facility within
1,000 feet of an affected property if the governing body determines by
resolution after a public hearing that the treatment facility would be
located within 1,000 feet of an affected property and that the
construction or operation of the facility is not in the best interest of
the municipality.  Requires the governing body to hold the public hearing
under this subsection not later than the 90th day after the date it
receives the notice required by Section 244.053. 
 
(b)  Provides that if the governing body of the municipality does not
issue the resolution described by Subsection (a) before the 91st day after
the date it receives the notice required by Section 244.053, the
municipality is considered to consent to the construction or operation of
a treatment facility within 1,000 feet of an affected property. 
 
Sec. 244.056.  DISTANCE MEASUREMENT.  Provides that for purposes of this
subchapter, distance is measured along the shortest straight line between
the nearest property line of the proposed location for a treatment
facility and the nearest property line of an affected property. 
 
SECTION 2. (a)  Effective date:  September 1, 2003.
  (b)  Makes application of this Act prospective to December 1, 2003.