81R22126 NC-D
By: Phillips H.B. No. 1270
Substitute the following for H.B. No. 1270:
By: Berman C.S.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; providing
a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 240, Local Government Code, is amended
by adding Subchapter Y to read as follows:
SUBCHAPTER Y. REGULATION OF HALFWAY HOUSES
Sec. 240.851. DEFINITION. In this subchapter, "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;
(3) is not a chemical dependency treatment facility
licensed under Chapter 464, Health and Safety Code; and
(4) 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.
Sec. 240.852. AUTHORITY TO REGULATE. (a) The
commissioners court of a county by order may adopt regulations
regarding halfway houses as the commissioners court considers
necessary to promote the public health, safety, or welfare.
(b) A regulation adopted by a county applies only to the
unincorporated area of the county.
Sec. 240.853. SCOPE OF REGULATION. (a) The location of a
halfway house may be:
(1) restricted to particular areas; or
(2) prohibited within a certain distance of a school,
regular place of religious worship, residential neighborhood, or
other specified land use the commissioners court finds to be
inconsistent with the operation of a halfway house.
(b) The commissioners court may restrict the density of
halfway houses.
Sec. 240.854. LICENSES OR PERMITS. (a) The commissioners
court may require that an owner or operator of a halfway house
obtain a license or other permit or renew a license or other permit
on a periodic basis for the operation of a halfway house. An
application for a license or other permit must be made in accordance
with the regulations adopted under this subchapter.
(b) The regulations adopted under this subchapter may
provide for the denial, suspension, or revocation of a license or
other permit issued by the county.
(c) A district court has jurisdiction of a suit that arises
from the denial, suspension, or revocation of a license or other
permit issued by a county.
Sec. 240.855. NOTICE REQUIRED. (a) An applicant for a
license or permit issued under Section 240.854 for a location not
previously licensed or permitted shall, not later than the 60th day
before the date the application is filed:
(1) publish in a newspaper of general circulation in
the county a notice of the applicant's intent to establish a halfway
house in the county, name and business address of the applicant, and
the proposed location of the halfway house; and
(2) prominently post an outdoor sign at the location
stating that a halfway house is intended to be located on the
premises and providing the name and business address of the
applicant.
(b) The sign must be at least 24 by 36 inches in size and
must be written in lettering at least 2 inches in size. The county
in which the halfway house is to be located may require the sign to
be both in English and a language other than English if it is likely
that a substantial number of the residents in the area speak a
language other than English as their familiar language.
Sec. 240.856. INSPECTION. A county may inspect a halfway
house to determine compliance with this subchapter and regulations
adopted under this subchapter.
Sec. 240.857. FEES. The commissioners court by order may
impose fees on applicants for a license or other permit issued under
this subchapter or for the renewal of the license or other permit.
The fees must be based on the cost of processing the applications
and investigating the applicants.
Sec. 240.858. ENFORCEMENT. (a) A county may sue in the
district court for an injunction to prohibit the violation of a
regulation adopted under this subchapter.
(b) A person commits an offense if the person violates a
regulation adopted under this subchapter. An offense under this
subsection is a Class A misdemeanor.
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.