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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county or municipality to regulate |
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the location of halfway houses; providing a criminal penalty; |
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authorizing fees. |
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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. HALFWAY HOUSES |
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Sec. 244.041. DEFINITION. In this subchapter, "halfway |
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house" means a residential facility that: |
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(1) is independently operated by a private entity, |
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including a nonprofit organization; |
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(2) is not operated under contract with an agency or |
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political subdivision of the state or an agency of the federal |
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government; |
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(3) is not a chemical dependency treatment facility |
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licensed under Chapter 464, Health and Safety Code; and |
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(4) is operated for the purpose of housing two or more |
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individuals who are not related by consanguinity or affinity and |
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who have been: |
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(A) placed on community supervision under |
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Article 42.12, Code of Criminal Procedure; |
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(B) released on parole or to mandatory |
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supervision under Chapter 508, Government Code; or |
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(C) placed on or released on or to the functional |
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equivalent of community supervision, parole, or mandatory |
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supervision under the laws of another state or federal law. |
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Sec. 244.042. AUTHORITY TO REGULATE. (a) The governing body |
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of a county or municipality, by order or ordinance, may adopt |
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regulations regarding halfway houses as the governing body |
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considers necessary to promote the public health, safety, or |
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welfare. |
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(b) A regulation adopted by a county applies only to the |
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unincorporated area of the county, and a regulation adopted by a |
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municipality applies only to the incorporated area of the |
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municipality. |
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Sec. 244.043. SCOPE OF REGULATION. (a) The location of a |
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halfway house may be: |
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(1) restricted to particular areas; or |
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(2) prohibited within a certain distance of a school, |
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regular place of religious worship, residential neighborhood, or |
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other specified land use the governing body of a county or |
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municipality finds to be inconsistent with the operation of a |
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halfway house. |
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(b) The governing body of a county or municipality may |
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restrict the density of halfway houses. |
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Sec. 244.044. LICENSES OR PERMITS. (a) The governing body |
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of a county or municipality may require that an owner or operator of |
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a halfway house obtain a license or other permit or renew a license |
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or other permit on a periodic basis for the operation of a halfway |
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house. An application for a license or other permit must be made in |
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accordance with the regulations adopted under this subchapter. |
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(b) The regulations adopted under this subchapter may |
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provide for the denial, suspension, or revocation of a license or |
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other permit issued by the county or municipality. |
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(c) A district court has jurisdiction of a suit that arises |
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from the denial, suspension, or revocation of a license or other |
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permit issued by a county or municipality. |
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Sec. 244.045. NOTICE REQUIRED. (a) An applicant for a |
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license or permit issued under Section 244.044 for a location not |
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previously licensed or permitted shall, not later than the 60th day |
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before the date the application is filed: |
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(1) publish in a newspaper of general circulation in |
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the county or municipality a notice of the applicant's intent to |
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establish a halfway house in the county or municipality, as |
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applicable, the name and business address of the applicant, and the |
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proposed location of the halfway house; and |
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(2) prominently post an outdoor sign at the location |
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stating that a halfway house is intended to be located on the |
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premises and providing the name and business address of the |
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applicant. |
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(b) The sign must be at least 24 by 36 inches in size and |
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must be written in lettering at least 2 inches in size. The county |
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or municipality, as applicable, in which the halfway house is to be |
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located may require the sign to be both in English and in a language |
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other than English if it is likely that a substantial number of the |
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residents in the area speak a language other than English as their |
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familiar language. |
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Sec. 244.046. INSPECTION. A county or municipality, as |
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applicable, may inspect a halfway house to determine compliance |
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with this subchapter and regulations adopted under this subchapter. |
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Sec. 244.047. FEES. The governing body of a county or |
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municipality by order may impose fees on applicants for a license or |
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other permit issued under this subchapter or for the renewal of the |
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license or other permit. The fees must be based on the cost of |
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processing the applications and investigating the applicants. |
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Sec. 244.048. ENFORCEMENT. (a) A county or municipality |
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may sue in the district court for an injunction to prohibit the |
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violation of a regulation adopted under this subchapter. |
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(b) A person commits an offense if the person violates a |
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regulation adopted under this subchapter. An offense under this |
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subsection is a Class A misdemeanor. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |