81R3730 NC-D
By: Bohac H.B. No. 1428
A BILL TO BE ENTITLED
AN ACT
relating to the construction or operation of chemical dependency
treatment facilities near certain residential and community
properties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 244, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. CHEMICAL DEPENDENCY TREATMENT FACILITIES
Sec. 244.051. DEFINITIONS. In this subchapter:
(1) "Affected property" means property that is located
in a municipality and that is:
(A) residential property;
(B) a primary or secondary school;
(C) a public park or public recreation area of
the state or a political subdivision of the state; or
(D) a church, synagogue, or other place of
worship.
(2) "Treatment facility" has the meaning assigned by
Section 464.001, Health and Safety Code.
Sec. 244.052. APPLICABILITY. (a) This subchapter applies
only to a municipality the majority of the population of which is
located in a county with a population of more than three million.
(b) This subchapter does not apply to:
(1) a disciplinary alternative education program
under Section 37.008, Education Code, that is licensed under
Chapter 464, Health and Safety Code, to provide chemical dependency
treatment services; or
(2) an entity described by Section 464.003 or 464.052,
Health and Safety Code.
Sec. 244.053. NOTICE OF PROPOSED LOCATION. (a) A person
who intends to construct or operate a treatment facility within
1,000 feet of an affected property shall:
(1) notify the governing body of the municipality in
which the affected property is located; and
(2) notify through the United States mail each owner
of residential property, as determined by the most recent tax roll
of the municipality, located within 1,000 feet of the proposed
facility.
(b) A person described by Subsection (a) may post an outdoor
sign at the proposed location of the treatment facility stating
that the person intends to construct or operate a chemical
dependency treatment facility at the location and providing the
person's name and business address. The municipality in which the
affected property is located may require a sign posted under this
subsection to be both in English and in a language other than
English if it is likely that a substantial number of the residents
in the area speak as their primary language a language other than
English.
(c) A person must give the notice required by Subsection (a)
not later than the 90th day before the date the person begins
construction or operation of the treatment facility.
(d) If the affected property is located in more than one
municipality, the notice required by Subsection (a) must be given
to each municipality, and the procedures prescribed by this
subchapter must be followed in relation to each municipality.
Sec. 244.054. CONSTRUCTION OR OPERATION OF FACILITY. After
complying with the notice requirements of Section 244.053, a person
may construct or operate a treatment facility within 1,000 feet of
an affected property only if the governing body of the municipality
does not issue a resolution under Section 244.055 denying the
municipality's consent to the construction or operation.
Sec. 244.055. LOCAL CONSENT. (a) The municipality denies
consent to the construction or operation of a treatment facility
within 1,000 feet of an affected property if the governing body
determines by resolution after a public hearing that the treatment
facility would be located within 1,000 feet of an affected property
and that the construction or operation of the facility is not in the
best interest of the municipality. The governing body must hold the
public hearing under this subsection not later than the 90th day
after the date it receives the notice required by Section
244.053(a).
(b) If the governing body of the municipality does not issue
the resolution described by Subsection (a) before the 91st day
after the date it receives the notice required by Section
244.053(a), the municipality is considered to consent to the
construction or operation of a treatment facility within 1,000 feet
of an affected property.
Sec. 244.056. DISTANCE MEASUREMENT. For purposes of this
subchapter, distance is measured along the shortest straight line
between the nearest property line of the proposed location for a
treatment facility and the nearest property line of an affected
property.
SECTION 2. The change in law made by this Act by the
addition of Subchapter C, Chapter 244, Local Government Code,
applies only to the construction or operation of a treatment
facility that begins on or after December 1, 2009. Construction or
operation of a treatment facility that begins before December 1,
2009, is governed by the law in effect immediately before September
1, 2009, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.