Texas 2015 - 84th Regular

Texas House Bill HB907 Compare Versions

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

Old	New	Differences
1	1	84R3556 JRR-D
2	2	By: Phillips H.B. No. 907
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a county or municipality to regulate
8	8	the location of halfway houses; providing a criminal penalty;
9	9	authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 244, Local Government Code, is amended
12	12	by adding Subchapter C to read as follows:
13	13	SUBCHAPTER C. HALFWAY HOUSES
14	14	Sec. 244.041. DEFINITION. In this subchapter, "halfway
15	15	house" means a residential facility that:
16	16	(1) is independently operated by a private entity,
17	17	including a nonprofit organization;
18	18	(2) is not operated under contract with an agency or
19	19	political subdivision of the state or an agency of the federal
20	20	government;
21	21	(3) is not a chemical dependency treatment facility
22	22	licensed under Chapter 464, Health and Safety Code; and
23	23	(4) is operated for the purpose of housing two or more
24	24	individuals who are not related by consanguinity or affinity and
25	25	who have been:
26	26	(A) placed on community supervision under
27	27	Article 42.12, Code of Criminal Procedure;
28	28	(B) released on parole or to mandatory
29	29	supervision under Chapter 508, Government Code; or
30	30	(C) placed on or released on or to the functional
31	31	equivalent of community supervision, parole, or mandatory
32	32	supervision under the laws of another state or federal law.
33	33	Sec. 244.042. AUTHORITY TO REGULATE. (a) The governing body
34	34	of a county or municipality, by order or ordinance, may adopt
35	35	regulations regarding halfway houses as the governing body
36	36	considers necessary to promote the public health, safety, or
37	37	welfare.
38	38	(b) A regulation adopted by a county applies only to the
39	39	unincorporated area of the county, and a regulation adopted by a
40	40	municipality applies only to the incorporated area of the
41	41	municipality.
42	42	Sec. 244.043. SCOPE OF REGULATION. (a) The location of a
43	43	halfway house may be:
44	44	(1) restricted to particular areas; or
45	45	(2) prohibited within a certain distance of a school,
46	46	regular place of religious worship, residential neighborhood, or
47	47	other specified land use the governing body of a county or
48	48	municipality finds to be inconsistent with the operation of a
49	49	halfway house.
50	50	(b) The governing body of a county or municipality may
51	51	restrict the density of halfway houses.
52	52	Sec. 244.044. LICENSES OR PERMITS. (a) The governing body
53	53	of a county or municipality may require that an owner or operator of
54	54	a halfway house obtain a license or other permit or renew a license
55	55	or other permit on a periodic basis for the operation of a halfway
56	56	house. An application for a license or other permit must be made in
57	57	accordance with the regulations adopted under this subchapter.
58	58	(b) The regulations adopted under this subchapter may
59	59	provide for the denial, suspension, or revocation of a license or
60	60	other permit issued by the county or municipality.
61	61	(c) A district court has jurisdiction of a suit that arises
62	62	from the denial, suspension, or revocation of a license or other
63	63	permit issued by a county or municipality.
64	64	Sec. 244.045. NOTICE REQUIRED. (a) An applicant for a
65	65	license or permit issued under Section 244.044 for a location not
66	66	previously licensed or permitted shall, not later than the 60th day
67	67	before the date the application is filed:
68	68	(1) publish in a newspaper of general circulation in
69	69	the county or municipality a notice of the applicant's intent to
70	70	establish a halfway house in the county or municipality, as
71	71	applicable, the name and business address of the applicant, and the
72	72	proposed location of the halfway house; and
73	73	(2) prominently post an outdoor sign at the location
74	74	stating that a halfway house is intended to be located on the
75	75	premises and providing the name and business address of the
76	76	applicant.
77	77	(b) The sign must be at least 24 by 36 inches in size and
78	78	must be written in lettering at least 2 inches in size. The county
79	79	or municipality, as applicable, in which the halfway house is to be
80	80	located may require the sign to be both in English and in a language
81	81	other than English if it is likely that a substantial number of the
82	82	residents in the area speak a language other than English as their
83	83	familiar language.
84	84	Sec. 244.046. INSPECTION. A county or municipality, as
85	85	applicable, may inspect a halfway house to determine compliance
86	86	with this subchapter and regulations adopted under this subchapter.
87	87	Sec. 244.047. FEES. The governing body of a county or
88	88	municipality by order may impose fees on applicants for a license or
89	89	other permit issued under this subchapter or for the renewal of the
90	90	license or other permit. The fees must be based on the cost of
91	91	processing the applications and investigating the applicants.
92	92	Sec. 244.048. ENFORCEMENT. (a) A county or municipality
93	93	may sue in the district court for an injunction to prohibit the
94	94	violation of a regulation adopted under this subchapter.
95	95	(b) A person commits an offense if the person violates a
96	96	regulation adopted under this subchapter. An offense under this
97	97	subsection is a Class A misdemeanor.
98	98	SECTION 2. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect September 1, 2015.