| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a county to regulate the location of |
|
|
halfway houses in the unincorporated areas of the county; providing |
|
|
a penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 240, Local Government Code, is amended |
|
|
by adding Subchapter Y to read as follows: |
|
|
SUBCHAPTER Y. REGULATION OF HALFWAY HOUSES |
|
|
Sec. 240.851. DEFINITION. In this subchapter, "halfway |
|
|
house" means a residential facility that: |
|
|
(1) is independently operated by a private entity, |
|
|
including a nonprofit organization; |
|
|
(2) is not operated under contract with an agency or |
|
|
political subdivision of the state; |
|
|
(3) is not a chemical dependency treatment facility |
|
|
licensed under Chapter 464, Health and Safety Code; and |
|
|
(4) is operated for the purpose of housing two or more |
|
|
individuals who are not related by consanguinity or affinity and |
|
|
who have been: |
|
|
(A) placed on community supervision under |
|
|
Article 42.12, Code of Criminal Procedure; |
|
|
(B) released on parole or to mandatory |
|
|
supervision under Chapter 508, Government Code; or |
|
|
(C) placed on or released on or to the functional |
|
|
equivalent of community supervision, parole, or mandatory |
|
|
supervision under the laws of another state or federal law. |
|
|
Sec. 240.852. AUTHORITY TO REGULATE. (a) The |
|
|
commissioners court of a county by order may adopt regulations |
|
|
regarding halfway houses as the commissioners court considers |
|
|
necessary to promote the public health, safety, or welfare. |
|
|
(b) A regulation adopted by a county applies only to the |
|
|
unincorporated area of the county. |
|
|
Sec. 240.853. SCOPE OF REGULATION. (a) The location of a |
|
|
halfway house may be: |
|
|
(1) restricted to particular areas; or |
|
|
(2) prohibited within a certain distance of a school, |
|
|
regular place of religious worship, residential neighborhood, or |
|
|
other specified land use the commissioners court finds to be |
|
|
inconsistent with the operation of a halfway house. |
|
|
(b) The commissioners court may restrict the density of |
|
|
halfway houses. |
|
|
Sec. 240.854. LICENSES OR PERMITS. (a) The commissioners |
|
|
court may require that an owner or operator of a halfway house |
|
|
obtain a license or other permit or renew a license or other permit |
|
|
on a periodic basis for the operation of a halfway house. An |
|
|
application for a license or other permit must be made in accordance |
|
|
with the regulations adopted under this subchapter. |
|
|
(b) The regulations adopted under this subchapter may |
|
|
provide for the denial, suspension, or revocation of a license or |
|
|
other permit issued by the county. |
|
|
(c) A district court has jurisdiction of a suit that arises |
|
|
from the denial, suspension, or revocation of a license or other |
|
|
permit issued by a county. |
|
|
Sec. 240.855. NOTICE REQUIRED. (a) An applicant for a |
|
|
license or permit issued under Section 240.854 for a location not |
|
|
previously licensed or permitted shall, not later than the 60th day |
|
|
before the date the application is filed: |
|
|
(1) publish in a newspaper of general circulation in |
|
|
the county a notice of the applicant's intent to establish a halfway |
|
|
house in the county, name and business address of the applicant, and |
|
|
the proposed location of the halfway house; and |
|
|
(2) prominently post an outdoor sign at the location |
|
|
stating that a halfway house is intended to be located on the |
|
|
premises and providing the name and business address of the |
|
|
applicant. |
|
|
(b) The sign must be at least 24 by 36 inches in size and |
|
|
must be written in lettering at least 2 inches in size. The county |
|
|
in which the halfway house is to be located may require the sign to |
|
|
be both in English and a language other than English if it is likely |
|
|
that a substantial number of the residents in the area speak a |
|
|
language other than English as their familiar language. |
|
|
Sec. 240.856. INSPECTION. A county may inspect a halfway |
|
|
house to determine compliance with this subchapter and regulations |
|
|
adopted under this subchapter. |
|
|
Sec. 240.857. FEES. The commissioners court by order may |
|
|
impose fees on applicants for a license or other permit issued under |
|
|
this subchapter or for the renewal of the license or other permit. |
|
|
The fees must be based on the cost of processing the applications |
|
|
and investigating the applicants. |
|
|
Sec. 240.858. ENFORCEMENT. (a) A county may sue in the |
|
|
district court for an injunction to prohibit the violation of a |
|
|
regulation adopted under this subchapter. |
|
|
(b) A person commits an offense if the person violates a |
|
|
regulation adopted under this subchapter. An offense under this |
|
|
subsection is a Class A misdemeanor. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |