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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment, operation, or change in use or |
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capacity of certain community residential facilities or |
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correctional or rehabilitation facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.119, Government Code, is amended by |
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amending Subsection (i) and adding Subsection (j) to read as |
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follows: |
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(i) The notice required by Subsection (d) must clearly state |
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that the proposed action concerns a facility in which persons who |
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have been released from prison on parole or to mandatory |
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supervision are to be housed. If the notice is provided in the |
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manner required by Section 509.010(b)(2), the notice must be mailed |
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in an envelope clearly marked on the outside with the words "NOTICE |
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OF PROPOSED RESIDENTIAL FACILITY." |
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(j) The division may not take any action listed in |
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Subsection (d) without first determining the level of community |
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support for the proposed action by: |
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(1) inviting each person entitled to notice of the |
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proposed action under Section 509.010(b)(2) to submit a written |
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statement to the division concerning the proposed action; and |
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(2) evaluating any written statement submitted under |
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Subdivision (1) that the division receives on or before the date of |
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the public hearing concerning the proposed action. |
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SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.192 to read as follows: |
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Sec. 508.192. OPERATION OF CERTAIN FACILITIES PROHIBITED. |
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A parole panel shall require as a condition of parole or mandatory |
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supervision that a releasee not own or operate or otherwise have a |
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pecuniary interest in the ownership or operation of: |
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(1) a community residential facility described by |
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Section 508.119; |
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(2) a correctional or rehabilitation facility subject |
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to Chapter 244, Local Government Code; or |
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(3) any other facility intended to accomplish a |
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purpose or provide a service described by Section 508.119(a) to a |
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person convicted of a misdemeanor or felony or found to have engaged |
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in delinquent conduct who is housed in the facility: |
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(A) while serving a sentence of confinement |
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following conviction of an offense or an adjudication of delinquent |
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conduct; or |
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(B) as a condition of community supervision, |
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probation, parole, or mandatory supervision. |
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SECTION 3. Section 244.001, Local Government Code, is |
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amended by amending Subdivision (1) and adding Subdivision (3) to |
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read as follows: |
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(1) "Correctional or rehabilitation facility" means: |
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(A) a probation or parole office; or |
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(B) a residential facility that: |
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(i) [(A)] is operated by an agency of the |
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state, a political subdivision of the state, or a private vendor, |
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regardless of whether the vendor is operating the facility under a |
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contract with an agency of the state or a political subdivision of |
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the state; and |
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(ii) [(B)] houses persons convicted of |
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misdemeanors or felonies or children found to have engaged in |
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delinquent conduct, regardless of whether the persons are housed in |
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the residential facility: |
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(a) [(i)] while serving a sentence of |
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confinement following conviction of an offense; |
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(b) [(ii)] as a condition of |
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community supervision, probation, parole, or mandatory |
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supervision; or |
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(c) [(iii)] under a court order for |
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out-of-home placement under Title 3, Family Code, other than in a |
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foster home operated under a contract with the juvenile board of the |
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county in which the foster home is located or under a contract with |
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the Texas Youth Commission. |
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(3) "Private vendor" includes any person that: |
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(A) operates or seeks to operate a correctional |
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or rehabilitation facility; and |
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(B) is not an agency of the state or a political |
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subdivision of the state. |
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SECTION 4. Section 244.002, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (e) and |
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(f) to read as follows: |
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(a) An agency of the state, a political subdivision of the |
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state, or a private vendor [operating under a contract with an
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agency or political subdivision of the state] that proposes to |
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construct or operate a correctional or rehabilitation facility |
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within 1,000 feet of a residential area, a primary or secondary |
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school, property designated as a public park or public recreation |
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area by the state or a political subdivision of the state, or a |
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church, synagogue, or other place of worship shall: |
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(1) provide written notice to: |
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(A) the commissioners court of any county with an |
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unincorporated area that includes all or part of the land within |
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1,000 feet of the proposed correctional or rehabilitation facility; |
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and |
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(B) the governing body of any municipality that |
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includes within its boundaries all or part of the land within 1,000 |
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feet of the proposed correctional or rehabilitation facility; and |
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(2) post the notice required by Subsection (d). |
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(e) If an entity required to give written notice under |
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Subsection (a) mails that written notice, the notice must be mailed |
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in an envelope clearly marked on the outside with the words "NOTICE |
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OF PROPOSED CORRECTIONAL OR REHABILITATION FACILITY." |
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(f) An entity required to give notice under Subsection (a) |
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must: |
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(1) invite each member of a commissioners court or |
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governing body of a municipality entitled to the notice to submit a |
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written statement to the entity concerning the proposed |
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construction or operation of the correctional or rehabilitation |
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facility; and |
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(2) provide to the commissioners court or governing |
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body of a municipality holding a public hearing under Section |
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244.004(a), not later than the third day before the date of the |
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hearing, any written statement submitted to the entity under |
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Subdivision (1). |
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SECTION 5. Subchapter A, Chapter 244, Local Government |
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Code, is amended by adding Section 244.0021 to read as follows: |
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Sec. 244.0021. NOTICE OF CHANGE OF USE OR CAPACITY OF |
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CERTAIN FACILITIES OPERATED BY PRIVATE VENDOR. (a) This section |
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applies only to a private vendor that: |
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(1) proposes to change the use or significantly |
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increase the capacity of a correctional or rehabilitation facility |
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operated by the private vendor; and |
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(2) does not operate the correctional or |
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rehabilitation facility under a contract with an agency of the |
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state or a political subdivision of the state. |
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(b) A private vendor that proposes to change the use or |
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significantly increase the capacity of a correctional or |
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rehabilitation facility within 1,000 feet of a residential area, a |
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primary or secondary school, property designated as a public park |
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or public recreation area by the state or a political subdivision of |
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the state, or a church, synagogue, or other place of worship shall |
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give notice of and accept and process written statements regarding |
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the proposed change in use or capacity in the manner provided by |
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Section 244.002. |
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SECTION 6. Section 244.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) Unless local consent is denied under Section 244.004, an |
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agency of the state, a political subdivision of the state, or a |
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private vendor [operating under a contract with an agency or
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political subdivision of the state] may operate or change the use or |
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capacity of a correctional or rehabilitation facility within 1,000 |
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feet of a residential area, a primary or secondary school, property |
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designated as a public park or public recreation area by the state |
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or a political subdivision of the state, or a church, synagogue, or |
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other place of worship. |
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SECTION 7. Section 244.004(a), Local Government Code, is |
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amended to read as follows: |
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(a) Local consent to the operation or change in use or |
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significant increase in the capacity of a correctional or |
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rehabilitation facility at a location within 1,000 feet of a |
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residential area, a primary or secondary school, property |
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designated as a park or public recreation area by the state or a |
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political subdivision of the state, or a church, synagogue, or |
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other place of worship is granted unless, not later than the 60th |
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day after the date on which notice is received by a commissioners |
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court or governing body of a municipality under Section 244.002(a) |
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or 244.0021(b), the commissioners court or governing body, as |
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appropriate, determines by resolution after a public hearing that |
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the operation of a correctional or rehabilitation facility at the |
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proposed location or the change in use or significant increase in |
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the capacity of an existing facility is not in the best interest of |
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the county or municipality, as appropriate. |
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SECTION 8. Section 244.006, Local Government Code, is |
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amended to read as follows: |
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Sec. 244.006. EXEMPTIONS. (a) Except as provided by |
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Subsection (b), this [This] subchapter does not apply to the |
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operation of a correctional or rehabilitation facility at a |
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location subject to this subchapter if: |
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(1) on September 1, 1997, the correctional or |
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rehabilitation facility was in operation, under construction, |
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under contract for operation or construction, or planned for |
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construction at the location on land owned or leased by an agency or |
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political subdivision of the state and designated for use as a |
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correctional or rehabilitation facility; |
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(2) the correctional or rehabilitation facility was in |
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operation or under construction before the establishment of a |
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residential area the location of which makes the facility subject |
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to this subchapter; |
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(3) the correctional or rehabilitation facility is a |
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temporary correctional or rehabilitation facility that will be |
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operated at the location for less than one year; |
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(4) the correctional or rehabilitation facility is |
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required to obtain a special use permit or a conditional use permit |
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from the municipality in which the facility is located before |
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beginning operation; |
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(5) the correctional or rehabilitation facility is an |
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expansion of a facility operated by the institutional division of |
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the Texas Department of Criminal Justice or by the Texas Youth |
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Commission; |
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(6) the correctional or rehabilitation facility is a |
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county jail or a pre-adjudication or post-adjudication juvenile |
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detention facility operated by a county or county juvenile board; |
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(7) the facility is: |
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(A) a juvenile probation office located at, and |
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operated in conjunction with, a juvenile justice alternative |
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education center; and |
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(B) used exclusively by students attending the |
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juvenile justice alternative education center; |
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(8) the facility is a public or private institution of |
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higher education or vocational training to which admission is open |
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to the general public; |
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(9) the facility is operated primarily as a treatment |
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facility for juveniles under contract with the [Texas] Department |
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of Aging and Disability Services [Mental Health and Mental
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Retardation] or a local mental health or mental retardation |
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authority; |
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(10) the facility is operated as a juvenile justice |
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alternative education program; |
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(11) the facility: |
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(A) is not operated primarily as a correctional |
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or rehabilitation facility; and |
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(B) only houses persons or children described by |
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Section 244.001(1)(B) for a purpose related to treatment or |
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education; or |
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(12) the facility is a probation or parole office |
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located in a commercial use area. |
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(b) Subsections (a)(3) and (a)(4) do not apply to a |
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correctional or rehabilitation facility that is operated by, or the |
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use or capacity of which is changed by, a private vendor that is not |
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operating the facility under a contract with an agency of the state |
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or a political subdivision of the state. |
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SECTION 9. This Act takes effect September 1, 2009. |