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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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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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Chapter 42A, 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 |
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body of a county or municipality, by order or ordinance, may adopt |
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regulations regarding the location of halfway houses as the |
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governing body considers necessary to promote the public health, |
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safety, or 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. A regulation adopted by a |
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municipality applies only within the corporate boundaries 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. NOTICE REQUIRED. (a) Not later than the 60th |
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day before the date a facility begins operations as a halfway house, |
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the owner or operator of the facility shall provide written notice |
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to: |
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(1) the mayor and the chief law enforcement officer of |
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the municipality, if the proposed location of the halfway house is |
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within the corporate boundaries of the municipality; or |
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(2) the county judge and the chief law enforcement |
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officer of the county, if the proposed location of the halfway house |
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is in an unincorporated area of the county. |
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(b) The notice required under Subsection (a) must include: |
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(1) the name and business address of the owner or |
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operator; |
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(2) the proposed location of the halfway house; and |
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(3) the maximum number of residents of the proposed |
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halfway house. |
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Sec. 244.045. 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, 2017. |