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78R12427 SMJ-D
By: Bohac, Bailey, Edwards, McClendon H.B. No. 1859
A BILL TO BE ENTITLED
AN ACT
relating to the construction or operation of chemical dependency
treatment facilities near certain residential and community
properties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 244, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. CHEMICAL DEPENDENCY TREATMENT FACILITIES
Sec. 244.051. DEFINITIONS. In this subchapter:
(1) "Treatment facility" has the meaning assigned by
Section 464.001, Health and Safety Code.
(2) "Affected property" means property that is located
in a municipality and that is:
(A) residential property;
(B) a primary or secondary school;
(C) a public park or public recreation area of
the state or a political subdivision of the state; or
(D) a church, synagogue, or other place of
worship.
Sec. 244.052. APPLICABILITY. This subchapter does not
apply to:
(1) 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
(2) an entity described by Section 464.003 or 464.052,
Health and Safety Code.
Sec. 244.053. NOTICE OF PROPOSED LOCATION. (a) A person
who intends to construct or operate a treatment facility within
1,000 feet of an affected property shall:
(1) notify the governing body of the municipality in
which the affected property is located; and
(2) post the notice required by Subsection (b).
(b) A person described by Subsection (a) shall 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. The sign must
be at least four by six feet in size and must be written in lettering
at least four inches in height. The municipality in which the
affected property is located may 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) A person must 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) If the affected property is located in more than one
municipality, the notice required by this section must be given to
each municipality, and the procedures prescribed by this subchapter
must be followed in relation to each municipality.
Sec. 244.054. CONSTRUCTION OR OPERATION OF FACILITY. After
complying with the notice requirements of Section 244.053, a person
may 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) 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. The governing body must 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) 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. 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) This Act takes effect September 1, 2003.
(b) The change in law made by this Act by the addition of
Subchapter C, Chapter 244, Local Government Code, applies only to
the construction or operation of a treatment facility that begins
on or after December 1, 2003. Construction or operation of a
treatment facility that begins before December 1, 2003, is governed
by the law in effect immediately before September 1, 2003, and that
law is continued in effect for that purpose.