| 1 | 2 | | By: Wilson H.B. No. 1803 |
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| 2 | 3 | | |
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| 3 | 4 | | |
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| 4 | 5 | | A BILL TO BE ENTITLED |
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| 5 | 6 | | AN ACT |
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| 6 | 7 | | relating to requiring county approval of a proposed purchase or |
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| 7 | 8 | | conversion by a municipality of a property to house homeless |
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| 8 | 9 | | individuals. |
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| 9 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 11 | | SECTION 1. Section 211.003(a), Local Government Code, is |
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| 11 | 12 | | amended to read as follows: |
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| 12 | 13 | | (a) Except as provided by Subchapter C, Chapter 244, the |
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| 13 | 14 | | [The] governing body of a municipality may regulate: |
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| 14 | 15 | | (1) the height, number of stories, and size of |
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| 15 | 16 | | buildings and other structures; |
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| 16 | 17 | | (2) the percentage of a lot that may be occupied; |
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| 17 | 18 | | (3) the size of yards, courts, and other open spaces; |
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| 18 | 19 | | (4) population density; |
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| 19 | 20 | | (5) the location and use of buildings, other |
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| 20 | 21 | | structures, and land for business, industrial, residential, or |
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| 21 | 22 | | other purposes; and |
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| 22 | 23 | | (6) the pumping, extraction, and use of groundwater by |
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| 23 | 24 | | persons other than retail public utilities, as defined by Section |
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| 24 | 25 | | 13.002, Water Code, for the purpose of preventing the use or contact |
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| 25 | 26 | | with groundwater that presents an actual or potential threat to |
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| 26 | 27 | | human health. |
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| 27 | 28 | | SECTION 2. Chapter 244, Local Government Code, is amended |
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| 28 | 29 | | by adding Subchapter C to read as follows: |
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| 29 | 30 | | SUBCHAPTER C. MUNICIPAL PURCHASE OR USE CONVERSION OF PROPERTY TO |
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| 30 | 31 | | HOUSE HOMELESS INDIVIDUALS |
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| 31 | 32 | | Sec. 244.041. COUNTY APPROVAL. (a) A municipality may not |
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| 32 | 33 | | purchase a property to house homeless individuals unless the |
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| 33 | 34 | | commissioners court of the county in which the property is located |
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| 34 | 35 | | approves a plan as described by Section 244.042(b). |
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| 35 | 36 | | (b) A municipality may not convert the use of a property |
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| 36 | 37 | | owned by the municipality to enable the property to house homeless |
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| 37 | 38 | | individuals unless the commissioners court of the county in which |
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| 38 | 39 | | the property is located approves a plan as described by Section |
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| 39 | 40 | | 244.042(b). |
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| 40 | 41 | | Sec. 244.042. PLAN REQUIREMENTS. (a) In this section, |
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| 41 | 42 | | "proposed new residents" means homeless individuals the |
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| 42 | 43 | | municipality intends to house at the purchased or converted |
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| 43 | 44 | | property. |
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| 44 | 45 | | (b) A plan required by Section 244.041 shall describe: |
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| 45 | 46 | | (1) the availability of local health care for proposed |
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| 46 | 47 | | new residents, including access to Medicaid services and mental |
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| 47 | 48 | | health services; |
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| 48 | 49 | | (2) the availability of indigent services for proposed |
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| 49 | 50 | | new residents; |
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| 50 | 51 | | (3) the availability of reasonably affordable public |
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| 51 | 52 | | transportation for proposed new residents; |
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| 52 | 53 | | (4) local law enforcement resources in the area of the |
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| 53 | 54 | | property; and |
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| 54 | 55 | | (5) what steps the municipality has taken to |
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| 55 | 56 | | coordinate with the local mental health authority to provide for |
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| 56 | 57 | | any proposed new residents. |
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| 57 | 58 | | (c) A municipality shall respond to any reasonable requests |
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| 58 | 59 | | for additional information made by the commissioners court |
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| 59 | 60 | | regarding the proposed property purchase or use conversion. |
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| 60 | 61 | | Sec. 244.043. NOTICE. A municipality that intends to |
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| 61 | 62 | | purchase or convert a property to house homeless individuals shall: |
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| 62 | 63 | | (1) post notice of the proposed use of the property at |
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| 63 | 64 | | the property not later than the 61st day before the proposed date of |
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| 64 | 65 | | purchase or conversion; and |
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| 65 | 66 | | (2) publish notice of the proposed purchase or |
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| 66 | 67 | | conversion of the property for 10 consecutive days in a newspaper of |
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| 67 | 68 | | general circulation in the county in which the property is located, |
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| 68 | 69 | | with the first day being not later than the 61st day before the |
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| 69 | 70 | | proposed date of purchase or conversion. |
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| 70 | 71 | | SECTION 3. The changes in law made by this Act apply only to |
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| 71 | 72 | | a municipal purchase or use conversion described by Subchapter C, |
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| 72 | 73 | | Chapter 244, Local Government Code, as added by this Act, that is |
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| 73 | 74 | | not final on the effective date of this Act. A municipal purchase |
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| 74 | 75 | | or use conversion that was final before the effective date of this |
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| 75 | 76 | | Act is governed by the law in effect when the municipal purchase or |
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| 76 | 77 | | use conversion was completed, and the former law is continued in |
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| 77 | 78 | | effect for that purpose. |
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| 78 | 79 | | SECTION 4. This Act takes effect immediately if it receives |
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| 79 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 83 | | Act takes effect September 1, 2021. |
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