81R6628 KCR-D
By: Phillips H.B. No. 1270
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to regulate the location of
halfway houses in the unincorporated areas of the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 240, Local Government
Code, is amended by adding Section 240.908 to read as follows:
Sec. 240.908. LAND USE RESTRICTIONS FOR HALFWAY HOUSES.
(a) In this section, "halfway house" means a residential facility
that:
(1) is independently operated by a private entity,
including a nonprofit organization;
(2) is not operated under contract with an agency or
political subdivision of the state; and
(3) is operated for the purpose of housing two or more
individuals who are not related by consanguinity or affinity and
who have been:
(A) placed on community supervision under
Article 42.12, Code of Criminal Procedure;
(B) released on parole or to mandatory
supervision under Chapter 508, Government Code; or
(C) placed on or released on or to the functional
equivalent of community supervision, parole, or mandatory
supervision under the laws of another state or federal law.
(b) The commissioners court of a county by order may
regulate or prohibit the construction or operation of a halfway
house in an unincorporated area of the county.
SECTION 2. 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, 2009.