By: Schwertner, Bettencourt, Buckingham S.B. No. 796

(In the Senate - Filed February 24, 2021; March 11, 2021, read first time and referred to Committee on Local Government; March 31, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 3; March 31, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 796 By: Nichols

A BILL TO BE ENTITLED

AN ACT

relating to hearing and public notice requirements regarding the purchase or 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. PURCHASE OR CONVERSION OF PROPERTY FOR CERTAIN

PURPOSES

Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR PURCHASE OR CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except as provided by Subsection (e), the governing body of a municipality may not approve the purchase of a property or 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 before the purchase or conversion of the property for that purpose. The hearing must be held at a location within a two-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 two-mile radius of the property the municipality proposes to purchase or 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 purchase or 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 purchase or conversion or notice of the purchase or conversion of a property for a purpose described by Subsection (a), this chapter controls.

(e) This section does not apply to the purchase or 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 purchase or conversion of property described by Section 255.001(a), Local Government Code, as added by this Act, that becomes final 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.

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