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A BILL TO BE ENTITLED
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AN ACT
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relating to hearing and public notice requirements regarding the |
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purchase or conversion by a municipality of certain properties 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. Subtitle A, Title 8, Local Government Code, is |
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amended by adding Chapter 255 to read as follows: |
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CHAPTER 255. PURCHASE OR CONVERSION OF PROPERTY FOR CERTAIN |
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PURPOSES |
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Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR |
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PURCHASE OR CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. |
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(a) Except as provided by Subsection (e), the governing body of a |
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municipality may not approve the purchase of a property or the |
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conversion of a property under the municipality's control for the |
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purpose of providing housing to homeless individuals unless the |
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governing body holds a public hearing before the purchase or |
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conversion of the property for that purpose. The hearing must be |
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held at a location within a two-mile radius of the property. |
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(b) Not later than 36 hours before a public hearing required |
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under Subsection (a) is held, the governing body of a municipality |
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must provide notice of the hearing by mail to each residence located |
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within a two-mile radius of the property the municipality proposes |
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to purchase or convert for a purpose described by that subsection. |
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(c) If the governing body of a municipality fails to comply |
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with this section, an individual who is entitled to notice under |
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Subsection (b) may bring an action in a district court in the county |
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in which the property described by that subsection is located for |
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injunctive relief to prevent the purchase or conversion of the |
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property. |
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(d) In the event of a conflict between this chapter and any |
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provision in the charter of a municipality relating to the purchase |
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or conversion or notice of the purchase or conversion of a property |
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for a purpose described by Subsection (a), this chapter controls. |
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(e) This section does not apply to the purchase or |
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conversion of a property to provide temporary shelter or housing |
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during a natural disaster, declared state of emergency, or other |
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life-threatening public emergency. |
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SECTION 2. Chapter 255, Local Government Code, as added by |
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this Act, applies only to the purchase or conversion of property |
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described by Section 255.001(a), Local Government Code, as added by |
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this Act, that becomes final on or after the effective date of this |
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Act. |
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SECTION 3. 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. |
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