By: Schwertner, et al. S.B. No. 796
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to hearing and public notice requirements regarding the
  conversion by a municipality of certain properties to house
  homeless individuals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 8, Local Government Code, is
  amended by adding Chapter 255 to read as follows:
  CHAPTER 255.  CONVERSION OF PROPERTY FOR CERTAIN PURPOSES
         Sec. 255.001.  SPECIAL HEARING AND NOTICE REQUIREMENTS FOR
  CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except
  as provided by Subsection (e), the governing body of a municipality
  may not approve the conversion of a property under the
  municipality's control for the purpose of providing housing to
  homeless individuals unless the governing body holds a public
  hearing not less than 90 days before the municipality begins to
  convert the property for that purpose. The hearing must be held at
  a location within a one-mile radius of the property.
         (b)  Not later than 36 hours before a public hearing required
  under Subsection (a) is held, the governing body of a municipality
  must provide notice of the hearing by mail to each residence located
  within a one-mile radius of the property the municipality proposes
  to convert for a purpose described by that subsection.
         (c)  If the governing body of a municipality fails to comply
  with this section, an individual who is entitled to notice under
  Subsection (b) may bring an action in a district court in the county
  in which the property described by that subsection is located for
  injunctive relief to prevent the conversion of the property.
         (d)  In the event of a conflict between this chapter and any
  provision in the charter of a municipality relating to the
  conversion or notice of the conversion of a property for a purpose
  described by Subsection (a), this chapter controls.
         (e)  This section does not apply to the conversion of a
  property to provide temporary shelter or housing during a natural
  disaster, declared state of emergency, or other life-threatening
  public emergency.
         SECTION 2.  Chapter 255, Local Government Code, as added by
  this Act, applies only to the conversion of property described by
  Section 255.001(a), Local Government Code, as added by this Act,
  that is set to begin on or after the effective date of this Act.
         SECTION 3.  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, 2021.