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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction or operation of chemical dependency |
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treatment facilities near certain residential and community |
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properties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 244, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. CHEMICAL DEPENDENCY TREATMENT FACILITIES |
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Sec. 244.051. DEFINITIONS. In this subchapter: |
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(1) "Affected property" means property that is located |
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in a municipality and that is: |
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(A) residential property; |
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(B) a primary or secondary school; |
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(C) a public park or public recreation area of |
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the state or a political subdivision of the state; or |
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(D) a church, synagogue, or other place of |
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worship. |
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(2) "Treatment facility" has the meaning assigned by |
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Section 464.001, Health and Safety Code. |
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Sec. 244.052. APPLICABILITY. (a) This subchapter applies |
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only to a municipality the majority of the population of which is |
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located in a county with a population of more than three million. |
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(b) This subchapter does not apply to: |
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(1) a disciplinary alternative education program |
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under Section 37.008, Education Code, that is licensed under |
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Chapter 464, Health and Safety Code, to provide chemical dependency |
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treatment services; or |
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(2) an entity described by Section 464.003 or 464.052, |
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Health and Safety Code. |
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Sec. 244.053. NOTICE OF PROPOSED LOCATION. (a) A person |
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who intends to construct or operate a treatment facility within |
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1,000 feet of an affected property shall: |
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(1) notify the governing body of the municipality in |
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which the affected property is located; and |
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(2) notify through the United States mail each owner |
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of residential property, as determined by the most recent tax roll |
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of the municipality, located within 1,000 feet of the proposed |
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facility. |
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(b) A person described by Subsection (a) may post an outdoor |
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sign at the proposed location of the treatment facility stating |
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that the person intends to construct or operate a chemical |
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dependency treatment facility at the location and providing the |
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person's name and business address. The municipality in which the |
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affected property is located may require a sign posted under this |
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subsection to be both in English and in a language other than |
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English if it is likely that a substantial number of the residents |
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in the area speak as their primary language a language other than |
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English. |
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(c) A person must give the notice required by Subsection (a) |
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not later than the 90th day before the date the person begins |
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construction or operation of the treatment facility. |
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(d) If the affected property is located in more than one |
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municipality, the notice required by Subsection (a) must be given |
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to each municipality, and the procedures prescribed by this |
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subchapter must be followed in relation to each municipality. |
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Sec. 244.054. CONSTRUCTION OR OPERATION OF FACILITY. After |
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complying with the notice requirements of Section 244.053, a person |
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may construct or operate a treatment facility within 1,000 feet of |
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an affected property only if the governing body of the municipality |
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does not issue a resolution under Section 244.055 denying the |
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municipality's consent to the construction or operation. |
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Sec. 244.055. LOCAL CONSENT. (a) The municipality denies |
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consent to the construction or operation of a treatment facility |
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within 1,000 feet of an affected property if the governing body |
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determines by resolution after a public hearing that the treatment |
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facility would be located within 1,000 feet of an affected property |
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and that the construction or operation of the facility is not in the |
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best interest of the municipality. The governing body must hold the |
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public hearing under this subsection not later than the 90th day |
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after the date it receives the notice required by Section |
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244.053(a). |
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(b) If the governing body of the municipality does not issue |
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the resolution described by Subsection (a) before the 91st day |
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after the date it receives the notice required by Section |
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244.053(a), the municipality is considered to consent to the |
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construction or operation of a treatment facility within 1,000 feet |
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of an affected property. |
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Sec. 244.056. DISTANCE MEASUREMENT. For purposes of this |
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subchapter, distance is measured along the shortest straight line |
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between the nearest property line of the proposed location for a |
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treatment facility and the nearest property line of an affected |
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property. |
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SECTION 2. The change in law made by this Act by the |
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addition of Subchapter C, Chapter 244, Local Government Code, |
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applies only to the construction or operation of a treatment |
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facility that begins on or after December 1, 2009. Construction or |
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operation of a treatment facility that begins before December 1, |
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2009, is governed by the law in effect immediately before September |
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1, 2009, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |