85R5029 DMS-D
By: Phillips H.B. No. 640
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 criminal 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
Chapter 42A, 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 the location of 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. A regulation adopted by a
municipality applies only within the corporate boundaries 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. NOTICE REQUIRED. (a) Not later than the 60th
day before the date a facility begins operations as a halfway house,
the owner or operator of the facility shall provide written notice
to:
(1) the mayor and the chief law enforcement officer of
the municipality, if the proposed location of the halfway house is
within the corporate boundaries of the municipality; or
(2) the county judge and the chief law enforcement
officer of the county, if the proposed location of the halfway house
is in an unincorporated area of the county.
(b) The notice required under Subsection (a) must include:
(1) the name and business address of the owner or
operator;
(2) the proposed location of the halfway house; and
(3) the maximum number of residents of the proposed
halfway house.
Sec. 244.045. 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, 2017.