81R3730 NC-D

By: Bohac H.B. No. 1428

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) "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 a municipality the majority of the population of which is located in a county with a population of more than three 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) notify through the United States mail each owner of residential property, as determined by the most recent tax roll of the municipality, located within 1,000 feet of the proposed facility.

(b) A person described by Subsection (a) may post an outdoor sign at the proposed location of the treatment facility stating that the person intends to construct or operate a chemical dependency treatment facility at the location and providing the person's name and business address. The municipality in which the affected property is located may require a sign posted under this subsection 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 Subsection (a) 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 Subsection (a) 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(a).

(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(a), 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, 2009. Construction or operation of a treatment facility that begins before December 1, 2009, is governed by the law in effect immediately before September 1, 2009, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.