82R2380 KCR-D
By: Gallegos S.B. No. 670
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the location of certain halfway
houses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 244, Local
Government Code, is amended to read as follows:
SUBCHAPTER A. CORRECTIONAL OR REHABILITATION FACILITY OR
HALFWAY HOUSE
SECTION 2. Section 244.001, Local Government Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Halfway house" means a residential facility that:
(A) is independently operated by a private
entity, including a nonprofit organization;
(B) is not operated under contract with an agency
or political subdivision of the state;
(C) is not a chemical dependency treatment
facility licensed under Chapter 464, Health and Safety Code; and
(D) is operated for the purpose of housing two or
more individuals who are not related by consanguinity or affinity
and who have been:
(i) placed on community supervision under
Article 42.12, Code of Criminal Procedure;
(ii) released on parole or to mandatory
supervision under Chapter 508, Government Code; or
(iii) 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.
SECTION 3. Sections 244.002 and 244.003, Local Government
Code, are amended to read as follows:
Sec. 244.002. NOTICE OF PROPOSED LOCATION. (a) An agency
of the state, a political subdivision of the state, or a private
vendor operating under a contract with an agency or political
subdivision of the state that proposes to construct or operate a
correctional or rehabilitation facility, or a private entity that
proposes to construct or operate a halfway house, within 1,000 feet
of a residential area, a primary or secondary school, property
designated as a public park or public recreation area by the state
or a political subdivision of the state, or a church, synagogue, or
other place of worship shall:
(1) provide written notice to:
(A) the commissioners court of any county with an
unincorporated area that includes all or part of the land within
1,000 feet of the proposed correctional or rehabilitation facility
or halfway house; and
(B) the governing body of any municipality that
includes within its boundaries all or part of the land within 1,000
feet of the proposed correctional or rehabilitation facility or
halfway house; and
(2) post the notice required by Subsection (d).
(b) An entity required to give notice under Subsection (a)
shall give notice not later than the 60th day before the date the
entity begins construction or operation of the correctional or
rehabilitation facility or halfway house, whichever date is
earlier. The entity shall include in the notice:
(1) a statement of the entity's intent to construct or
operate a correctional or rehabilitation facility or halfway house
in an area described by Subsection (a);
(2) a description of the proposed location of the
facility or halfway house; and
(3) a statement that this subchapter governs the
procedure for notice of and consent to the facility or halfway
house.
(c) For purposes of this subchapter, distance is measured
along the shortest straight line between the nearest property line
of the correctional or rehabilitation facility or halfway house and
the nearest property line of the residential area, school, park,
recreation area, or place of worship, as appropriate.
(d) An entity described by Subsection (a) shall prominently
post an outdoor sign at the proposed location of the correctional or
rehabilitation facility or halfway house stating that a
correctional or rehabilitation facility or halfway house is
intended to be located on the premises and providing the name and
business address of the entity. The sign must be at least 24 by 36
inches in size and must be written in lettering at least two inches
in size. The municipality or county in which the correctional or
rehabilitation facility or 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. 244.003. PROXIMITY [OF CORRECTIONAL OR REHABILITATION
FACILITY]. (a) Unless local consent is denied under Section
244.004, an agency of the state, a political subdivision of the
state, or a private vendor operating under a contract with an agency
or political subdivision of the state may operate a correctional or
rehabilitation facility, and a private entity may operate a halfway
house, within 1,000 feet of a residential area, a primary or
secondary school, property designated as a public park or public
recreation area by the state or a political subdivision of the
state, or a church, synagogue, or other place of worship.
(b) The governing body of a church, synagogue, or other
place of worship may waive the distance requirements of Section
244.002 between a correctional or rehabilitation facility or
halfway house and the place of worship by filing an acknowledged
written statement of the waiver in the deed records of the county in
which the facility or halfway house is located.
SECTION 4. Section 244.004(a), Local Government Code, is
amended to read as follows:
(a) Local consent to the operation of a correctional or
rehabilitation facility or a halfway house at a location within
1,000 feet of a residential area, a primary or secondary school,
property designated as a park or public recreation area by the state
or a political subdivision of the state, or a church, synagogue, or
other place of worship is granted unless, not later than the 60th
day after the date on which notice is received by a commissioners
court or governing body of a municipality under Section 244.002(a),
the commissioners court or governing body, as appropriate,
determines by resolution after a public hearing that the operation
of a correctional or rehabilitation facility or halfway house at
the proposed location is not in the best interest of the county or
municipality, as appropriate.
SECTION 5. This Act takes effect September 1, 2011.