By: Phillips (Senate Sponsor - Gallegos) H.B. No. 230
(In the Senate - Received from the House May 16, 2011;
May 16, 2011, read first time and referred to Committee on
Jurisprudence; May 21, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 21, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 230 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county or municipality to regulate
the location of halfway houses; providing a penalty.
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. HALFWAY HOUSES
Sec. 244.041. 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 or an agency of the federal
government;
(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. 244.042. AUTHORITY TO REGULATE. (a) The governing body
of a county or municipality, by order or ordinance, may adopt
regulations regarding halfway houses as the governing body
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, and a regulation adopted by a
municipality applies only to the incorporated area of the
municipality.
Sec. 244.043. 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 governing body of a county or
municipality finds to be inconsistent with the operation of a
halfway house.
(b) The governing body of a county or municipality may
restrict the density of halfway houses.
Sec. 244.044. LICENSES OR PERMITS. (a) The governing body
of a county or municipality 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 or municipality.
(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 or municipality.
Sec. 244.045. NOTICE REQUIRED. (a) An applicant for a
license or permit issued under Section 244.044 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 or municipality a notice of the applicant's intent to
establish a halfway house in the county or municipality, as
applicable, the 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
or municipality, as applicable, 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. 244.046. INSPECTION. A county or municipality, as
applicable, may inspect a halfway house to determine compliance
with this subchapter and regulations adopted under this subchapter.
Sec. 244.047. FEES. The governing body of a county or
municipality 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. 244.048. ENFORCEMENT. (a) A county or municipality
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, 2011.
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