81R414 DRH-D
By: Gallegos S.B. No. 177
A BILL TO BE ENTITLED
AN ACT
relating to the location of certain facilities and shelters within
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 244.023, Local Government Code, is
amended to read as follows:
Sec. 244.023. RESTRICTION. (a) Unless municipal consent is
granted under Section 244.025, a person may not:
(1) construct or operate a shelter for homeless
individuals within 1,000 feet of another shelter for homeless
individuals or a primary or secondary school; or
(2) renovate, remodel, or expand, including the
addition of property to, an existing shelter for homeless
individuals.
(b) For purposes of Subsection (a)(2), any activity
performed on an existing shelter that requires a building permit
from the municipality is considered renovating, remodeling, or
expanding the shelter.
SECTION 2. Section 244.024, Local Government Code, is
amended to read as follows:
Sec. 244.024. NOTICE. (a) A person who intends to perform
an activity relating to [construct or operate] a shelter for
homeless individuals subject to Section 244.023 shall:
(1) for the construction or operation of a new
shelter:
(A) post notice of the proposed location of
the shelter at that location; and
(B) [(2)] provide notice of the proposed
location of the shelter to the governing body of the municipality
within the boundaries of which the shelter is proposed to be
located; or
(2) for the renovation, remodeling, or expansion of an
existing shelter:
(A) post notice at the shelter; and
(B) provide notice of the proposed renovation,
remodeling, or expansion to the governing body of the municipality
within the boundaries of which the shelter is located.
(b) The person shall post and provide the notice required by
Subsection (a)(1) [(a)] before the 61st day before the date the
person begins construction or operation of the shelter for homeless
individuals, whichever date is earlier. The person shall post and
provide the notice required by Subsection (a)(2) before the 61st
day before the date the person begins the renovation, remodeling,
or expansion of the shelter.
SECTION 3. Section 244.025(a), Local Government Code, is
amended to read as follows:
(a) Municipal consent to an activity relating to [the
construction or operation of] a shelter for homeless individuals
subject to Section 244.023 is considered granted unless, before the
61st day after the date notice is received by the governing body of
the municipality under Sections 244.024(a)(1)(B) and (a)(2)(B)
[Section 244.024(a)(2)], the governing body determines by
resolution after a public hearing that the activity [construction
or operation of a shelter at the proposed location] is not in the
best interest of the municipality.
SECTION 4. 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 with a population of more than 1.6 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 in writing the governing body of the
municipality in which the affected property is located; and
(2) notify through the United States mail, return
receipt requested, 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.
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)(1).
(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)(1), 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 5. (a) The change in law made by this Act to
Sections 244.023, 244.024, and 244.025(a), Local Government Code,
applies only to the renovation, remodeling, or expansion of a
homeless shelter that begins on or after December 1, 2009.
(b) 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.
SECTION 6. This Act takes effect September 1, 2009.