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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the location of certain halfway |
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houses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 244, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER A. CORRECTIONAL OR REHABILITATION FACILITY OR |
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HALFWAY HOUSE |
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SECTION 2. Section 244.001, Local Government Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Halfway house" means a residential facility that: |
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(A) is independently operated by a private |
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entity, including a nonprofit organization; |
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(B) is not operated under contract with an agency |
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or political subdivision of the state; |
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(C) is not a chemical dependency treatment |
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facility licensed under Chapter 464, Health and Safety Code; and |
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(D) is operated for the purpose of housing two or |
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more individuals who are not related by consanguinity or affinity |
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and who have been: |
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(i) placed on community supervision under |
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Article 42.12, Code of Criminal Procedure; |
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(ii) released on parole or to mandatory |
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supervision under Chapter 508, Government Code; or |
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(iii) placed on or released on or to the |
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functional equivalent of community supervision, parole, or |
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mandatory supervision under the laws of another state or federal |
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law. |
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SECTION 3. Sections 244.002 and 244.003, Local Government |
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Code, are amended to read as follows: |
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Sec. 244.002. NOTICE OF PROPOSED LOCATION. (a) An agency |
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of the state, a political subdivision of the state, or a private |
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vendor operating under a contract with an agency or political |
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subdivision of the state that proposes to construct or operate a |
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correctional or rehabilitation facility, or a private entity that |
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proposes to construct or operate a halfway house, within 1,000 feet |
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of a residential area, a primary or secondary school, property |
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designated as a public park or public recreation area by the state |
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or a political subdivision of the state, or a church, synagogue, or |
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other place of worship shall: |
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(1) provide written notice to: |
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(A) the commissioners court of any county with an |
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unincorporated area that includes all or part of the land within |
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1,000 feet of the proposed correctional or rehabilitation facility |
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or halfway house; and |
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(B) the governing body of any municipality that |
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includes within its boundaries all or part of the land within 1,000 |
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feet of the proposed correctional or rehabilitation facility or |
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halfway house; and |
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(2) post the notice required by Subsection (d). |
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(b) An entity required to give notice under Subsection (a) |
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shall give notice not later than the 60th day before the date the |
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entity begins construction or operation of the correctional or |
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rehabilitation facility or halfway house, whichever date is |
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earlier. The entity shall include in the notice: |
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(1) a statement of the entity's intent to construct or |
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operate a correctional or rehabilitation facility or halfway house |
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in an area described by Subsection (a); |
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(2) a description of the proposed location of the |
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facility or halfway house; and |
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(3) a statement that this subchapter governs the |
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procedure for notice of and consent to the facility or halfway |
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house. |
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(c) For purposes of this subchapter, distance is measured |
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along the shortest straight line between the nearest property line |
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of the correctional or rehabilitation facility or halfway house and |
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the nearest property line of the residential area, school, park, |
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recreation area, or place of worship, as appropriate. |
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(d) An entity described by Subsection (a) shall prominently |
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post an outdoor sign at the proposed location of the correctional or |
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rehabilitation facility or halfway house stating that a |
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correctional or rehabilitation facility or halfway house is |
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intended to be located on the premises and providing the name and |
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business address of the entity. The sign must be at least 24 by 36 |
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inches in size and must be written in lettering at least two inches |
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in size. The municipality or county in which the correctional or |
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rehabilitation facility or halfway house is to be located may |
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require the sign to be both in English and 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 a language other than English as their familiar |
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language. |
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Sec. 244.003. PROXIMITY [OF CORRECTIONAL OR REHABILITATION
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FACILITY]. (a) Unless local consent is denied under Section |
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244.004, an agency of the state, a political subdivision of the |
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state, or a private vendor operating under a contract with an agency |
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or political subdivision of the state may operate a correctional or |
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rehabilitation facility, and a private entity may operate a halfway |
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house, within 1,000 feet of a residential area, a primary or |
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secondary school, property designated as a public park or public |
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recreation area by the state or a political subdivision of the |
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state, or a church, synagogue, or other place of worship. |
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(b) The governing body of a church, synagogue, or other |
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place of worship may waive the distance requirements of Section |
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244.002 between a correctional or rehabilitation facility or |
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halfway house and the place of worship by filing an acknowledged |
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written statement of the waiver in the deed records of the county in |
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which the facility or halfway house is located. |
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SECTION 4. Section 244.004(a), Local Government Code, is |
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amended to read as follows: |
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(a) Local consent to the operation of a correctional or |
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rehabilitation facility or a halfway house at a location within |
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1,000 feet of a residential area, a primary or secondary school, |
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property designated as a park or public recreation area by the state |
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or a political subdivision of the state, or a church, synagogue, or |
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other place of worship is granted unless, not later than the 60th |
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day after the date on which notice is received by a commissioners |
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court or governing body of a municipality under Section 244.002(a), |
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the commissioners court or governing body, as appropriate, |
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determines by resolution after a public hearing that the operation |
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of a correctional or rehabilitation facility or halfway house at |
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the proposed location is not in the best interest of the county or |
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municipality, as appropriate. |
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SECTION 5. This Act takes effect September 1, 2011. |