84R3556 JRR-D
 
  By: Phillips H.B. No. 907
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a county or municipality to regulate
  the location of halfway houses; providing a criminal penalty;
  authorizing fees.
         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.  HALFWAY HOUSES
         Sec. 244.041.  DEFINITION.  In this subchapter, "halfway
  house" means a residential facility that:
               (1)  is independently operated by a private entity,
  including a nonprofit organization;
               (2)  is not operated under contract with an agency or
  political subdivision of the state or an agency of the federal
  government;
               (3)  is not a chemical dependency treatment facility
  licensed under Chapter 464, Health and Safety Code; and
               (4)  is operated for the purpose of housing two or more
  individuals who are not related by consanguinity or affinity and
  who have been:
                     (A)  placed on community supervision under
  Article 42.12, Code of Criminal Procedure;
                     (B)  released on parole or to mandatory
  supervision under Chapter 508, Government Code; or
                     (C)  placed on or released on or to the functional
  equivalent of community supervision, parole, or mandatory
  supervision under the laws of another state or federal law.
         Sec. 244.042.  AUTHORITY TO REGULATE. (a) The governing body
  of a county or municipality, by order or ordinance, may adopt
  regulations regarding halfway houses as the governing body
  considers necessary to promote the public health, safety, or
  welfare.
         (b)  A regulation adopted by a county applies only to the
  unincorporated area of the county, and a regulation adopted by a
  municipality applies only to the incorporated area of the
  municipality.
         Sec. 244.043.  SCOPE OF REGULATION. (a) The location of a
  halfway house may be:
               (1)  restricted to particular areas; or
               (2)  prohibited within a certain distance of a school,
  regular place of religious worship, residential neighborhood, or
  other specified land use the governing body of a county or
  municipality finds to be inconsistent with the operation of a
  halfway house.
         (b)  The governing body of a county or municipality may
  restrict the density of halfway houses.
         Sec. 244.044.  LICENSES OR PERMITS. (a) The governing body
  of a county or municipality may require that an owner or operator of
  a halfway house obtain a license or other permit or renew a license
  or other permit on a periodic basis for the operation of a halfway
  house. An application for a license or other permit must be made in
  accordance with the regulations adopted under this subchapter.
         (b)  The regulations adopted under this subchapter may
  provide for the denial, suspension, or revocation of a license or
  other permit issued by the county or municipality.
         (c)  A district court has jurisdiction of a suit that arises
  from the denial, suspension, or revocation of a license or other
  permit issued by a county or municipality.
         Sec. 244.045.  NOTICE REQUIRED.  (a)  An applicant for a
  license or permit issued under Section 244.044 for a location not
  previously licensed or permitted shall, not later than the 60th day
  before the date the application is filed:
               (1)  publish in a newspaper of general circulation in
  the county or municipality a notice of the applicant's intent to
  establish a halfway house in the county or municipality, as
  applicable, the name and business address of the applicant, and the
  proposed location of the halfway house; and
               (2)  prominently post an outdoor sign at the location
  stating that a halfway house is intended to be located on the
  premises and providing the name and business address of the
  applicant.
         (b)  The sign must be at least 24 by 36 inches in size and
  must be written in lettering at least 2 inches in size. The county
  or municipality, as applicable, in which the halfway house is to be
  located may require the sign 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 a language other than English as their
  familiar language.
         Sec. 244.046.  INSPECTION.  A county or municipality, as
  applicable, may inspect a halfway house to determine compliance
  with this subchapter and regulations adopted under this subchapter.
         Sec. 244.047.  FEES.  The governing body of a county or
  municipality by order may impose fees on applicants for a license or
  other permit issued under this subchapter or for the renewal of the
  license or other permit. The fees must be based on the cost of
  processing the applications and investigating the applicants.
         Sec. 244.048.  ENFORCEMENT.  (a)  A county or municipality
  may sue in the district court for an injunction to prohibit the
  violation of a regulation adopted under this subchapter.
         (b)  A person commits an offense if the person violates a
  regulation adopted under this subchapter. An offense under this
  subsection is a Class A misdemeanor.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.