H.B. No. 1331
AN ACT
relating to the continuation of notice and consent procedures
regarding the location of certain correctional or rehabilitation
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 244.002(a) and (b), Local Government
Code, are amended to read as follows:
(a) 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 shall:
(1) provide written notice to [if a request is made
under Section 244.005, notify]:
(A) the commissioners court of any county with an
unincorporated area that includes all or part of the land within
1,000 feet of the proposed correctional or rehabilitation facility;
and
(B) the governing body of any municipality that
includes within its boundaries all or part of the land within 1,000
feet of the proposed correctional or rehabilitation facility; and
(2) post the notice required by Subsection (d).
(b) An entity required to give notice under Subsection (a)
shall give notice not later than the 60th day before the date the
entity begins construction or operation of the correctional or
rehabilitation facility, whichever date is earlier. The entity
shall include in the notice:
(1) a statement of the entity's intent to construct or
operate a correctional or rehabilitation facility in an area
described by Subsection (a);
(2) a description of the proposed location of the
facility; and
(3) a statement that this subchapter governs the
procedure for notice of and consent to the facility.
SECTION 2. Section 244.004, Local Government Code, is
amended to read as follows:
Sec. 244.004. LOCAL CONSENT. (a) Local consent to the
operation of a correctional or rehabilitation facility at a
location within 1,000 feet of a residential area, a primary or
secondary school, property designated as a park or public
recreation area by the state or a political subdivision of the
state, or a church, synagogue, or other place of worship is granted
unless, not later than the 60th day after the date on which notice
is received by a commissioners court or governing body of a
municipality under Section 244.002(a), the commissioners court or
governing body, as appropriate, determines by resolution after a
public hearing that the operation of a correctional or
rehabilitation facility at the proposed location is not in the best
interest of the county or municipality, as appropriate.
(b) The public hearing requirement established under
Subsection (a) may be met by a public meeting held under Section
508.119 or 509.010, Government Code, if:
(1) the Texas Department of Criminal Justice receives
written approval from the commissioners court of a county or
governing body of a municipality allowing the public meeting to
satisfy the public hearing requirement of this section; and
(2) during the public meeting, a determination is made
as to whether operating the facility in the proposed location would
be in the best interest of the county or municipality.
(c) If the public hearing requirement established under
Subsection (a) is met in the manner described by Subsection (b), the
commissioners court of a county or governing body of a municipality
may adopt a resolution under Subsection (a) without holding a
public hearing under that subsection. 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) [(b)] A commissioners court or governing body of a
municipality may rescind a resolution adopted under Subsection (a).
SECTION 3. Section 244.007, Local Government Code, is
amended to read as follows:
Sec. 244.007. CONFLICT WITH OTHER LAW. To the extent of any
conflict between this subchapter and Sections 508.119 and [Section]
509.010, Government Code, this subchapter prevails.
SECTION 4. Sections 244.005 and 244.008, Local Government
Code, are repealed.
SECTION 5. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1331 was passed by the House on April
14, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1331 was passed by the Senate on May
8, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor