Texas 2009 - 81st Regular

Texas House Bill HB1270 Compare Versions

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Old	New	Differences
1	1	81R22126 NC-D
2	2	By: Phillips H.B. No. 1270
3	3	Substitute the following for H.B. No. 1270:
4	4	By: Berman C.S.H.B. No. 1270
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a county to regulate the location of
10	10	halfway houses in the unincorporated areas of the county; providing
11	11	a penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 240, Local Government Code, is amended
14	14	by adding Subchapter Y to read as follows:
15	15	SUBCHAPTER Y. REGULATION OF HALFWAY HOUSES
16	16	Sec. 240.851. DEFINITION. In this subchapter, "halfway
17	17	house" means a residential facility that:
18	18	(1) is independently operated by a private entity,
19	19	including a nonprofit organization;
20	20	(2) is not operated under contract with an agency or
21	21	political subdivision of the state;
22	22	(3) is not a chemical dependency treatment facility
23	23	licensed under Chapter 464, Health and Safety Code; and
24	24	(4) is operated for the purpose of housing two or more
25	25	individuals who are not related by consanguinity or affinity and
26	26	who have been:
27	27	(A) placed on community supervision under
28	28	Article 42.12, Code of Criminal Procedure;
29	29	(B) released on parole or to mandatory
30	30	supervision under Chapter 508, Government Code; or
31	31	(C) placed on or released on or to the functional
32	32	equivalent of community supervision, parole, or mandatory
33	33	supervision under the laws of another state or federal law.
34	34	Sec. 240.852. AUTHORITY TO REGULATE. (a) The
35	35	commissioners court of a county by order may adopt regulations
36	36	regarding halfway houses as the commissioners court considers
37	37	necessary to promote the public health, safety, or welfare.
38	38	(b) A regulation adopted by a county applies only to the
39	39	unincorporated area of the county.
40	40	Sec. 240.853. SCOPE OF REGULATION. (a) The location of a
41	41	halfway house may be:
42	42	(1) restricted to particular areas; or
43	43	(2) prohibited within a certain distance of a school,
44	44	regular place of religious worship, residential neighborhood, or
45	45	other specified land use the commissioners court finds to be
46	46	inconsistent with the operation of a halfway house.
47	47	(b) The commissioners court may restrict the density of
48	48	halfway houses.
49	49	Sec. 240.854. LICENSES OR PERMITS. (a) The commissioners
50	50	court may require that an owner or operator of a halfway house
51	51	obtain a license or other permit or renew a license or other permit
52	52	on a periodic basis for the operation of a halfway house. An
53	53	application for a license or other permit must be made in accordance
54	54	with the regulations adopted under this subchapter.
55	55	(b) The regulations adopted under this subchapter may
56	56	provide for the denial, suspension, or revocation of a license or
57	57	other permit issued by the county.
58	58	(c) A district court has jurisdiction of a suit that arises
59	59	from the denial, suspension, or revocation of a license or other
60	60	permit issued by a county.
61	61	Sec. 240.855. NOTICE REQUIRED. (a) An applicant for a
62	62	license or permit issued under Section 240.854 for a location not
63	63	previously licensed or permitted shall, not later than the 60th day
64	64	before the date the application is filed:
65	65	(1) publish in a newspaper of general circulation in
66	66	the county a notice of the applicant's intent to establish a halfway
67	67	house in the county, name and business address of the applicant, and
68	68	the proposed location of the halfway house; and
69	69	(2) prominently post an outdoor sign at the location
70	70	stating that a halfway house is intended to be located on the
71	71	premises and providing the name and business address of the
72	72	applicant.
73	73	(b) The sign must be at least 24 by 36 inches in size and
74	74	must be written in lettering at least 2 inches in size. The county
75	75	in which the halfway house is to be located may require the sign to
76	76	be both in English and a language other than English if it is likely
77	77	that a substantial number of the residents in the area speak a
78	78	language other than English as their familiar language.
79	79	Sec. 240.856. INSPECTION. A county may inspect a halfway
80	80	house to determine compliance with this subchapter and regulations
81	81	adopted under this subchapter.
82	82	Sec. 240.857. FEES. The commissioners court by order may
83	83	impose fees on applicants for a license or other permit issued under
84	84	this subchapter or for the renewal of the license or other permit.
85	85	The fees must be based on the cost of processing the applications
86	86	and investigating the applicants.
87	87	Sec. 240.858. ENFORCEMENT. (a) A county may sue in the
88	88	district court for an injunction to prohibit the violation of a
89	89	regulation adopted under this subchapter.
90	90	(b) A person commits an offense if the person violates a
91	91	regulation adopted under this subchapter. An offense under this
92	92	subsection is a Class A misdemeanor.
93	93	SECTION 2. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2009.