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A BILL TO BE ENTITLED
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AN ACT
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relating to the location of certain facilities and shelters within |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 244.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 244.023. RESTRICTION. (a) Unless municipal consent is |
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granted under Section 244.025, a person may not: |
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(1) construct or operate a shelter for homeless |
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individuals within 1,000 feet of another shelter for homeless |
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individuals or a primary or secondary school; or |
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(2) renovate, remodel, or expand, including the |
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addition of property to, an existing shelter for homeless |
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individuals. |
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(b) For purposes of Subsection (a)(2), any activity |
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performed on an existing shelter that requires a building permit |
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from the municipality is considered renovating, remodeling, or |
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expanding the shelter. |
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SECTION 2. Section 244.024, Local Government Code, is |
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amended to read as follows: |
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Sec. 244.024. NOTICE. (a) A person who intends to perform |
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an activity relating to [construct or operate] a shelter for |
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homeless individuals subject to Section 244.023 shall: |
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(1) for the construction or operation of a new |
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shelter: |
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(A) post notice of the proposed location of |
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the shelter at that location; and |
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(B) [(2)] provide notice of the proposed |
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location of the shelter to the governing body of the municipality |
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within the boundaries of which the shelter is proposed to be |
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located; or |
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(2) for the renovation, remodeling, or expansion of an |
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existing shelter: |
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(A) post notice at the shelter; and |
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(B) provide notice of the proposed renovation, |
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remodeling, or expansion to the governing body of the municipality |
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within the boundaries of which the shelter is located. |
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(b) The person shall post and provide the notice required by |
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Subsection (a)(1) [(a)] before the 61st day before the date the |
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person begins construction or operation of the shelter for homeless |
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individuals, whichever date is earlier. The person shall post and |
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provide the notice required by Subsection (a)(2) before the 61st |
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day before the date the person begins the renovation, remodeling, |
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or expansion of the shelter. |
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SECTION 3. Section 244.025(a), Local Government Code, is |
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amended to read as follows: |
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(a) Municipal consent to an activity relating to [the
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construction or operation of] a shelter for homeless individuals |
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subject to Section 244.023 is considered granted unless, before the |
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61st day after the date notice is received by the governing body of |
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the municipality under Sections 244.024(a)(1)(B) and (a)(2)(B) |
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[Section 244.024(a)(2)], the governing body determines by |
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resolution after a public hearing that the activity [construction
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or operation of a shelter at the proposed location] is not in the |
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best interest of the municipality. |
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SECTION 4. 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 with a population of more than 1.6 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 in writing the governing body of the |
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municipality in which the affected property is located; and |
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(2) notify through the United States mail, return |
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receipt requested, each owner of residential property, as |
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determined by the most recent tax roll of the municipality, located |
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within 1,000 feet of the proposed 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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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)(1). |
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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)(1), 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 5. (a) The change in law made by this Act to |
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Sections 244.023, 244.024, and 244.025(a), Local Government Code, |
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applies only to the renovation, remodeling, or expansion of a |
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homeless shelter that begins on or after December 1, 2009. |
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(b) The change in law made by this Act by the addition of |
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Subchapter C, Chapter 244, Local Government Code, applies only to |
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the construction or operation of a treatment facility that begins |
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on or after December 1, 2009. |
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SECTION 6. This Act takes effect September 1, 2009. |