| |
| |
|
|
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. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 240, Local Government |
|
|
Code, is amended by adding Section 240.908 to read as follows: |
|
|
Sec. 240.908. LAND USE RESTRICTIONS FOR HALFWAY HOUSES. |
|
|
(a) In this section, "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; and |
|
|
(3) 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. |
|
|
(b) The commissioners court of a county by order may |
|
|
regulate or prohibit the construction or operation of a halfway |
|
|
house in an unincorporated area of the county. |
|
|
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. |