Texas 2011 - 82nd Regular

Texas House Bill HB230 Compare Versions

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1	1	By: Phillips (Senate Sponsor - Gallegos) H.B. No. 230
2	2	(In the Senate - Received from the House May 16, 2011;
3	3	May 16, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 21, 2011, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	May 21, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 230 By: Gallegos
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of a county or municipality to regulate
13	13	the location of halfway houses; providing a penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 244, Local Government Code, is amended
16	16	by adding Subchapter C to read as follows:
17	17	SUBCHAPTER C. HALFWAY HOUSES
18	18	Sec. 244.041. DEFINITION. In this subchapter, "halfway
19	19	house" means a residential facility that:
20	20	(1) is independently operated by a private entity,
21	21	including a nonprofit organization;
22	22	(2) is not operated under contract with an agency or
23	23	political subdivision of the state or an agency of the federal
24	24	government;
25	25	(3) is not a chemical dependency treatment facility
26	26	licensed under Chapter 464, Health and Safety Code; and
27	27	(4) is operated for the purpose of housing two or more
28	28	individuals who are not related by consanguinity or affinity and
29	29	who have been:
30	30	(A) placed on community supervision under
31	31	Article 42.12, Code of Criminal Procedure;
32	32	(B) released on parole or to mandatory
33	33	supervision under Chapter 508, Government Code; or
34	34	(C) placed on or released on or to the functional
35	35	equivalent of community supervision, parole, or mandatory
36	36	supervision under the laws of another state or federal law.
37	37	Sec. 244.042. AUTHORITY TO REGULATE. (a) The governing body
38	38	of a county or municipality, by order or ordinance, may adopt
39	39	regulations regarding halfway houses as the governing body
40	40	considers necessary to promote the public health, safety, or
41	41	welfare.
42	42	(b) A regulation adopted by a county applies only to the
43	43	unincorporated area of the county, and a regulation adopted by a
44	44	municipality applies only to the incorporated area of the
45	45	municipality.
46	46	Sec. 244.043. SCOPE OF REGULATION. (a) The location of a
47	47	halfway house may be:
48	48	(1) restricted to particular areas; or
49	49	(2) prohibited within a certain distance of a school,
50	50	regular place of religious worship, residential neighborhood, or
51	51	other specified land use the governing body of a county or
52	52	municipality finds to be inconsistent with the operation of a
53	53	halfway house.
54	54	(b) The governing body of a county or municipality may
55	55	restrict the density of halfway houses.
56	56	Sec. 244.044. LICENSES OR PERMITS. (a) The governing body
57	57	of a county or municipality may require that an owner or operator of
58	58	a halfway house obtain a license or other permit or renew a license
59	59	or other permit on a periodic basis for the operation of a halfway
60	60	house. An application for a license or other permit must be made in
61	61	accordance with the regulations adopted under this subchapter.
62	62	(b) The regulations adopted under this subchapter may
63	63	provide for the denial, suspension, or revocation of a license or
64	64	other permit issued by the county or municipality.
65	65	(c) A district court has jurisdiction of a suit that arises
66	66	from the denial, suspension, or revocation of a license or other
67	67	permit issued by a county or municipality.
68	68	Sec. 244.045. NOTICE REQUIRED. (a) An applicant for a
69	69	license or permit issued under Section 244.044 for a location not
70	70	previously licensed or permitted shall, not later than the 60th day
71	71	before the date the application is filed:
72	72	(1) publish in a newspaper of general circulation in
73	73	the county or municipality a notice of the applicant's intent to
74	74	establish a halfway house in the county or municipality, as
75	75	applicable, the name and business address of the applicant, and the
76	76	proposed location of the halfway house; and
77	77	(2) prominently post an outdoor sign at the location
78	78	stating that a halfway house is intended to be located on the
79	79	premises and providing the name and business address of the
80	80	applicant.
81	81	(b) The sign must be at least 24 by 36 inches in size and
82	82	must be written in lettering at least 2 inches in size. The county
83	83	or municipality, as applicable, in which the halfway house is to be
84	84	located may require the sign to be both in English and a language
85	85	other than English if it is likely that a substantial number of the
86	86	residents in the area speak a language other than English as their
87	87	familiar language.
88	88	Sec. 244.046. INSPECTION. A county or municipality, as
89	89	applicable, may inspect a halfway house to determine compliance
90	90	with this subchapter and regulations adopted under this subchapter.
91	91	Sec. 244.047. FEES. The governing body of a county or
92	92	municipality by order may impose fees on applicants for a license or
93	93	other permit issued under this subchapter or for the renewal of the
94	94	license or other permit. The fees must be based on the cost of
95	95	processing the applications and investigating the applicants.
96	96	Sec. 244.048. ENFORCEMENT. (a) A county or municipality
97	97	may sue in the district court for an injunction to prohibit the
98	98	violation of a regulation adopted under this subchapter.
99	99	(b) A person commits an offense if the person violates a
100	100	regulation adopted under this subchapter. An offense under this
101	101	subsection is a Class A misdemeanor.
102	102	SECTION 2. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2011.
107	107	* * * * *