By: Bohac, Bailey, Allen of Harris, Talton, H.B. No. 538
Edwards
A BILL TO BE ENTITLED
AN ACT
relating to the construction or operation of treatment facilities
near certain residential and community properties in certain
municipalities; providing a penalty.
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. TREATMENT FACILITIES
Sec. 244.051. DEFINITIONS. In this subchapter:
(1) "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.
(2) "Treatment facility" has the meaning assigned by
Section 464.001, Health and Safety Code.
Sec. 244.052. APPLICABILITY. (a) This subchapter applies
only to affected property in a municipality with a population of
more than 1.5 million.
(b) This subchapter does not apply to:
(1) a disciplinary 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) send notice by certified mail to the owner of each
affected property located within 1,000 feet of the location of the
proposed treatment facility.
(b) The property owners to whom notice is required to be
given under Subsection (a)(2) are determined by the most recent
certified tax appraisal roll of the county in which the property is
located. If the property is owned by a public entity, the notice
must be provided to the governing body of the public entity that
owns the property.
(c) The notice under Subsection (a) must:
(1) state that the person is intending to construct or
operate a treatment facility;
(2) provide the location of the proposed facility;
(3) provide the name and business address of the
person sending the notice; and
(4) include educational materials related to the
services to be provided by the proposed facility.
(d) If required by the municipality in which the affected
property described by Subsection (a)(2) is located, the notice and
the educational materials provided to the owners of that property
must be printed in both English and 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.
(e) 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.
(f) A person who is required to provide notice under this
section and fails to provide the notice commits an offense. Each
failure to provide notice to a municipality or property owner
constitutes a separate offense. An offense under this subsection
is a Class C misdemeanor.
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. 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, 2005. Construction or
operation of a treatment facility that begins before December 1,
2005, is governed by the law in effect immediately before September
1, 2005, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.