89R23309 LRM-D
 
  By: LaHood H.B. No. 3858
 
  Substitute the following for H.B. No. 3858:
 
  By:  Hefner C.S.H.B. No. 3858
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the required approval of the proposed location of
  county or municipal temporary housing or emergency shelter for
  disaster victims.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 418, Government Code, is
  amended by adding Section 418.0201 to read as follows:
         Sec. 418.0201.  REQUIRED APPROVAL OF TEMPORARY HOUSING OR
  EMERGENCY SHELTER. (a) The governor, with assistance from the
  department, shall establish an approval process for a county or
  municipality to construct or operate temporary housing or an
  emergency shelter for disaster victims.
         (b)  A county or municipality may apply for approval to
  construct or operate temporary housing or an emergency shelter for
  disaster victims at a proposed location by submitting:
               (1)  to the governor, in the form and manner required by
  the governor, an application with details of the proposed location
  for the temporary housing or emergency shelter; and
               (2)  to the department, in the form and manner required
  by the department in consultation with the governor, a request for
  the department to perform a public safety assessment of the
  proposed location.
         (c)  On receipt of a county's or municipality's public safety
  assessment request, the department shall conduct the public safety
  assessment, including an assessment of the crime rate, for the
  proposed location of the temporary housing or emergency shelter and
  shall submit a copy of the completed assessment to the governor.
         (d)  The governor shall review each application a county or
  municipality submits under this section, the related public safety
  assessment submitted under Subsection (c), and any other
  information the governor considers relevant to determine whether
  the location proposed by the county or municipality for temporary
  housing or an emergency shelter for disaster victims is a safe
  location for the disaster victims.
         (e)  The governor shall approve the construction or
  operation of the temporary housing or emergency shelter at the
  proposed location if the governor determines that the location is
  sufficiently safe for the disaster victims.
         (f)  If the governor determines that the proposed location is
  unsafe for the disaster victims, the governor shall:
               (1)  deny the application; and
               (2)  explain the reason the proposed location is unsafe
  for the disaster victims.
         (g)  During a disaster, a county or municipality may
  construct or operate temporary housing or an emergency shelter
  without prior approval under this section, provided the county or
  municipality applies for approval under this section not later than
  the 30th day after the first day of operation of the temporary
  housing or emergency shelter.
         (h)  The governor shall adopt rules necessary to implement
  this section.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the governor shall adopt the rules necessary to
  implement Section 418.0201, Government Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2025.