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