Texas 2009 - 81st Regular

Texas Senate Bill SB177 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R414 DRH-D
2	2	By: Gallegos S.B. No. 177
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the location of certain facilities and shelters within
8	8	certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 244.023, Local Government Code, is
11	11	amended to read as follows:
12	12	Sec. 244.023. RESTRICTION. (a) Unless municipal consent is
13	13	granted under Section 244.025, a person may not:
14	14	(1) construct or operate a shelter for homeless
15	15	individuals within 1,000 feet of another shelter for homeless
16	16	individuals or a primary or secondary school; or
17	17	(2) renovate, remodel, or expand, including the
18	18	addition of property to, an existing shelter for homeless
19	19	individuals.
20	20	(b) For purposes of Subsection (a)(2), any activity
21	21	performed on an existing shelter that requires a building permit
22	22	from the municipality is considered renovating, remodeling, or
23	23	expanding the shelter.
24	24	SECTION 2. Section 244.024, Local Government Code, is
25	25	amended to read as follows:
26	26	Sec. 244.024. NOTICE. (a) A person who intends to perform
27	27	an activity relating to [construct or operate] a shelter for
28	28	homeless individuals subject to Section 244.023 shall:
29	29	(1) for the construction or operation of a new
30	30	shelter:
31	31	(A) post notice of the proposed location of
32	32	the shelter at that location; and
33	33	(B) [(2)] provide notice of the proposed
34	34	location of the shelter to the governing body of the municipality
35	35	within the boundaries of which the shelter is proposed to be
36	36	located; or
37	37	(2) for the renovation, remodeling, or expansion of an
38	38	existing shelter:
39	39	(A) post notice at the shelter; and
40	40	(B) provide notice of the proposed renovation,
41	41	remodeling, or expansion to the governing body of the municipality
42	42	within the boundaries of which the shelter is located.
43	43	(b) The person shall post and provide the notice required by
44	44	Subsection (a)(1) [(a)] before the 61st day before the date the
45	45	person begins construction or operation of the shelter for homeless
46	46	individuals, whichever date is earlier. The person shall post and
47	47	provide the notice required by Subsection (a)(2) before the 61st
48	48	day before the date the person begins the renovation, remodeling,
49	49	or expansion of the shelter.
50	50	SECTION 3. Section 244.025(a), Local Government Code, is
51	51	amended to read as follows:
52	52	(a) Municipal consent to an activity relating to [the
53	53	construction or operation of] a shelter for homeless individuals
54	54	subject to Section 244.023 is considered granted unless, before the
55	55	61st day after the date notice is received by the governing body of
56	56	the municipality under Sections 244.024(a)(1)(B) and (a)(2)(B)
57	57	[Section 244.024(a)(2)], the governing body determines by
58	58	resolution after a public hearing that the activity [construction
59	59	or operation of a shelter at the proposed location] is not in the
60	60	best interest of the municipality.
61	61	SECTION 4. Chapter 244, Local Government Code, is amended
62	62	by adding Subchapter C to read as follows:
63	63	SUBCHAPTER C. CHEMICAL DEPENDENCY TREATMENT FACILITIES
64	64	Sec. 244.051. DEFINITIONS. In this subchapter:
65	65	(1) "Affected property" means property that is located
66	66	in a municipality and that is:
67	67	(A) residential property;
68	68	(B) a primary or secondary school;
69	69	(C) a public park or public recreation area of
70	70	the state or a political subdivision of the state; or
71	71	(D) a church, synagogue, or other place of
72	72	worship.
73	73	(2) "Treatment facility" has the meaning assigned by
74	74	Section 464.001, Health and Safety Code.
75	75	Sec. 244.052. APPLICABILITY. (a) This subchapter applies
76	76	only to a municipality with a population of more than 1.6 million.
77	77	(b) This subchapter does not apply to:
78	78	(1) a disciplinary alternative education program
79	79	under Section 37.008, Education Code, that is licensed under
80	80	Chapter 464, Health and Safety Code, to provide chemical dependency
81	81	treatment services; or
82	82	(2) an entity described by Section 464.003 or 464.052,
83	83	Health and Safety Code.
84	84	Sec. 244.053. NOTICE OF PROPOSED LOCATION. (a) A person
85	85	who intends to construct or operate a treatment facility within
86	86	1,000 feet of an affected property shall:
87	87	(1) notify in writing the governing body of the
88	88	municipality in which the affected property is located; and
89	89	(2) notify through the United States mail, return
90	90	receipt requested, each owner of residential property, as
91	91	determined by the most recent tax roll of the municipality, located
92	92	within 1,000 feet of the proposed facility.
93	93	(b) A person described by Subsection (a) may post an outdoor
94	94	sign at the proposed location of the treatment facility stating
95	95	that the person intends to construct or operate a chemical
96	96	dependency treatment facility at the location and providing the
97	97	person's name and business address. The municipality in which the
98	98	affected property is located may require a sign posted under this
99	99	subsection to be both in English and in a language other than
100	100	English if it is likely that a substantial number of the residents
101	101	in the area speak as their primary language a language other than
102	102	English.
103	103	(c) A person must give the notice required by Subsection (a)
104	104	not later than the 90th day before the date the person begins
105	105	construction or operation of the treatment facility.
106	106	Sec. 244.054. CONSTRUCTION OR OPERATION OF FACILITY. After
107	107	complying with the notice requirements of Section 244.053, a person
108	108	may construct or operate a treatment facility within 1,000 feet of
109	109	an affected property only if the governing body of the municipality
110	110	does not issue a resolution under Section 244.055 denying the
111	111	municipality's consent to the construction or operation.
112	112	Sec. 244.055. LOCAL CONSENT. (a) The municipality denies
113	113	consent to the construction or operation of a treatment facility
114	114	within 1,000 feet of an affected property if the governing body
115	115	determines by resolution after a public hearing that the treatment
116	116	facility would be located within 1,000 feet of an affected property
117	117	and that the construction or operation of the facility is not in the
118	118	best interest of the municipality. The governing body must hold the
119	119	public hearing under this subsection not later than the 90th day
120	120	after the date it receives the notice required by Section
121	121	244.053(a)(1).
122	122	(b) If the governing body of the municipality does not issue
123	123	the resolution described by Subsection (a) before the 91st day
124	124	after the date it receives the notice required by Section
125	125	244.053(a)(1), the municipality is considered to consent to the
126	126	construction or operation of a treatment facility within 1,000 feet
127	127	of an affected property.
128	128	Sec. 244.056. DISTANCE MEASUREMENT. For purposes of this
129	129	subchapter, distance is measured along the shortest straight line
130	130	between the nearest property line of the proposed location for a
131	131	treatment facility and the nearest property line of an affected
132	132	property.
133	133	SECTION 5. (a) The change in law made by this Act to
134	134	Sections 244.023, 244.024, and 244.025(a), Local Government Code,
135	135	applies only to the renovation, remodeling, or expansion of a
136	136	homeless shelter that begins on or after December 1, 2009.
137	137	(b) The change in law made by this Act by the addition of
138	138	Subchapter C, Chapter 244, Local Government Code, applies only to
139	139	the construction or operation of a treatment facility that begins
140	140	on or after December 1, 2009.
141	141	SECTION 6. This Act takes effect September 1, 2009.