By:  Solomons, et al. (Senate Sponsor - Lucio)                    H.B. No. 1331
	(In the Senate - Received from the House April 14, 2003; 
April 22, 2003, read first time and referred to Committee on 
Government Organization; May 1, 2003, reported favorably by the 
following vote:  Yeas 4, Nays 0, 1 present not voting; May 1, 2003, 
sent to printer.)


A BILL TO BE ENTITLED

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.                           



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