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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring public notice and a hearing concerning a |
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proposed purchase or conversion by a municipality of a property to |
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house homeless individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 252.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 252.002. MUNICIPAL CHARTER CONTROLS IN MOST CASES |
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[CASE] OF CONFLICT; EXCEPTION. (a) Except as provided by |
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Subsection (b), any [Any] provision in the charter of a home-rule |
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municipality that relates to the notice of contracts, advertisement |
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of the notice, requirements for the taking of sealed bids based on |
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specifications for public improvements or purchases, the manner of |
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publicly opening bids or reading them aloud, or the manner of |
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letting contracts and that is in conflict with this chapter |
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controls over this chapter unless the governing body of the |
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municipality elects to have this chapter supersede the charter. |
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(b) Section 252.0412 controls over any conflicting |
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provisions of the charter of a home-rule municipality. |
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SECTION 2. Subchapter C, Chapter 252, Local Government |
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Code, is amended by adding Section 252.0412 to read as follows: |
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Sec. 252.0412. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR |
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PURCHASE OR CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. |
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(a) A municipality shall hold a public hearing concerning a |
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property that it proposes to: |
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(1) purchase for the purpose of housing homeless |
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individuals; or |
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(2) convert for the purpose of housing homeless |
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individuals. |
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(b) The hearing under Subsection (a) must be held before the |
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municipality approves the purchase or conversion. |
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(c) Notice of a hearing required under this section shall be |
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provided to every residence located within two miles of the |
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property that is proposed to be: |
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(1) purchased for the purpose of housing homeless |
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individuals; or |
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(2) converted for the purpose of housing homeless |
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individuals. |
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(d) Notice provided under Subsection (c) must be delivered |
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via certified mail not later than 36 hours before the hearing |
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begins. |
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(e) If a municipality fails to comply with this section, an |
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individual who is entitled to notice under Subsection (c) may |
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petition a district court in the county in which the property is |
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located for injunctive relief. |
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SECTION 3. The changes in law made by this Act apply only to |
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a municipal purchase or use conversion described by Section |
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252.0412, Local Government Code, as added by this Act, that is not |
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final on the effective date of this Act. A municipal purchase or |
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use conversion that was final before the effective date of this Act |
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is governed by the law in effect when the municipal purchase or use |
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conversion was completed, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. 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, 2021. |