Texas 2021 - 87th Regular

Texas House Bill HB954 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 954
	1	+	By: Dutton (Senate Sponsor - Whitmire) H.B. No. 954
	2	+	(In the Senate - Received from the House April 26, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to certain contract and notice requirements applicable to
6	12		certain facilities used to house inmates or releasees from the
7		-	Texas Department of Criminal Justice and to the transfer of certain
8		-	real property held by the department.
	13	+	Texas Department of Criminal Justice.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Section 493.010, Government Code, is amended to
11	16		read as follows:
12	17		Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. (a) The
13	18		board, for the temporary or permanent housing of inmates, may enter
14	19		into leases or contract with:
15	20		(1) public or private jails; or
16	21		(2) operators of alternative housing facilities.
17	22		(b) The board may not enter into a lease or contract with an
18	23		operator of an alternative housing facility that is located in a
19	24		county with a population of 3.3 million or more unless the operator
20	25		submits to the board a permit or other documentation showing that
21	26		the facility is in compliance with all applicable municipal and
22	27		county regulations.
23	28		SECTION 2. Chapter 508, Government Code, is amended by
24	29		adding Subchapter E-1 to read as follows:
25	30		SUBCHAPTER E-1. ALTERNATIVE HOUSING IN CERTAIN COUNTIES
26	31		Sec. 508.171. APPLICABILITY. This subchapter applies only
27	32		with respect to alternative housing that is located in a county with
28	33		a population of 3.3 million or more.
29	34		Sec. 508.172. ALTERNATIVE HOUSING PROGRAM. The department
30	35		shall require that an applicant to participate as a provider in a
31	36		program designed to provide alternative housing for two or more
32	37		unrelated releasees submit with the application, in the manner
33	38		specified by the department, a permit or other documentation
34	39		showing that the proposed alternative housing facility is in
35	40		compliance with all applicable municipal and county regulations.
36	41		Sec. 508.173. INFORMATION REGARDING ALTERNATIVE HOUSING;
37	42		NOTICE TO POLITICAL SUBDIVISION. (a) The department shall
38	43		maintain the following information regarding releasees:
39	44		(1) a list of facilities providing alternative housing
40	45		to two or more unrelated releasees, including:
41	46		(A) the name, address, and telephone number of
42	47		the facility;
43	48		(B) the county in which the facility is located;
44	49		(C) information regarding whether the facility
45	50		is in compliance with all applicable municipal and county
46	51		regulations;
47	52		(D) the number of releasees residing at the
48	53		facility; and
49	54		(E) the maximum capacity of the facility; and
50	55		(2) a list of releasees being housed at a facility
51	56		described by Subdivision (1), including:
52	57		(A) the releasee's name;
53	58		(B) the county in which the releasee is required
54	59		to reside under Section 508.181;
55	60		(C) the county in which the releasee committed
56	61		the offense for which the releasee is on parole or mandatory
57	62		supervision;
58	63		(D) the alternative housing facility in which the
59	64		releasee resides; and
60	65		(E) the date on which the releasee began residing
61	66		at the facility.
62	67		(b) On request of a county or municipality, the department
63	68		shall provide monthly the information maintained by the department
64	69		under Subsection (a). A county or municipality shall notify the
65	70		department if the county or municipality does not want to continue
66	71		to receive the information.
67	72		(c) The department shall provide the information to a county
68	73		or municipality under Subsection (b) by secured electronic mail and
69	74		in a machine-readable format.
70	75		(d) On request by a member of the legislature, the
71	76		department shall provide the information maintained by the
72	77		department under Subsection (a) to the member.
73		-	SECTION 3. (a) As soon as practicable after the effective
74		-	date of this Act, the Texas Department of Criminal Justice shall
75		-	transfer to the City of Burnet the real property described by
76		-	Subsection (e) of this section.
77		-	(b) The City of Burnet shall use the property transferred
78		-	under this section only for a purpose that benefits the public
79		-	interest of the state. If the City of Burnet uses the property for
80		-	any purpose other than a purpose that benefits the public interest
81		-	of the state, ownership of the property automatically reverts to
82		-	the Texas Department of Criminal Justice.
83		-	(c) The Texas Department of Criminal Justice shall transfer
84		-	the property by an appropriate instrument of transfer. The
85		-	instrument of transfer must provide that:
86		-	(1) the City of Burnet use the property only for a
87		-	purpose that benefits the public interest of the state; and
88		-	(2) ownership of the property will automatically
89		-	revert to the Texas Department of Criminal Justice if the City of
90		-	Burnet uses the property for any purpose other than a purpose that
91		-	benefits the public interest of the state.
92		-	(d) The Texas Department of Criminal Justice shall retain
93		-	custody of the instrument of transfer after the instrument of
94		-	transfer is filed in the real property records of Burnet County.
95		-	(e) The real property referred to in Subsection (a) of this
96		-	section is described as follows:
97		-	A 28.157 ACRE TRACT OUT OF THE EUGENIO PEREZ SURVEY NO. 41, ABSTRACT
98		-	NO. 672, BURNET COUNTY, TEXAS, OF LAND AS DESCRIBED IN THE REMAINDER
99		-	TRACT OF A CALLED 300.000 ACRE TRACT OF LAND AS DESCRIBED IN
100		-	DOCUMENT TO THE STATE OF TEXAS, RECORDED ON VOLUME 608, PAGE 19 OF
101		-	THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS, SAID 28.157 ACRE
102		-	TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
103		-	DESCRIPTION AS FOLLOWS:
104		-	BEGINNING at a found 5/8" iron pin, at the northwesterly corner of a
105		-	called 20.611 acre tract of land as described in document to the
106		-	City of Burnet, recorded in Volume 300, Page 184 of the Deed Records
107		-	of Burnet County, Texas, at the southwesterly corner of the
108		-	variable width right-of-way of Ellen Halbert Drive, along the
109		-	easterly line of the remnant of said 300.000 acre tract, and being
110		-	an easterly angle point hereof;
111		-	THENCE South 13°58'54" East, along the westerly line of said 20.611
112		-	acre tract, the westerly line of a called 2.259 acre tract of land
113		-	as described in document to the City of Burnet, Recorded in Document
114		-	No. 200908664 of the Official Public Records of Burnet County,
115		-	Texas, a distance of 1844.69' to a 1/2" iron pin set with "CUPLIN"
116		-	property cap, along the northerly line of a called 61.30 acre tract
117		-	of land as described in document to the City of Burnet, recorded in
118		-	Document No. 201904590 of the Official Public Records of Burnet
119		-	County, Texas, along the southerly line of the remnant tract of said
120		-	300.000 acre tract, and being the southeasterly corner hereof, from
121		-	whence a found 1/2" iron pin at the southeasterly corner of said
122		-	2.259 acre tract bears North 75°50'42" East, a distance of 255.72';
123		-	THENCE South 75°50'42" West, along the northerly line of said 61.30
124		-	acre tract, the southerly line of the remnant tract of said 300.000
125		-	acre tract, and hereof, a distance of 1120.41' to a 1/2" iron pin
126		-	set with "CUPLIN" property cap, at the southwesterly corner hereof,
127		-	from whence a found 3/8" iron pin with "Landtech" property capat the
128		-	northwesterly corner of said 61.30 acre tract bears, South 75°50'42"
129		-	West, a distance of 1497.86';
130		-	THENCE over and across the remnant tract of said 300.000 acre tract,
131		-	and the westerly lines hereof the following courses and distances;
132		-	1) North 12°11'19" East, a distance of 850.00' to a 1/2" iron
133		-	pin set with "CUPLIN" property cap;
134		-	2) North 12°58'09" East, a distance of 525.00' to a 1/2" iron
135		-	pin set with "CUPLIN" property cap;
136		-	3) North 12°00'15" East, a distance of 415.00' to a 1/2" iron
137		-	pin set with "CUPLIN" property cap;
138		-	4) North 12°46'27" East, a distance of 155.00' to a 1/2" iron
139		-	pin set with "CUPLIN" property cap;
140		-	5) North 40°37'37" East, a distance of 92.00' to a 1/2" iron
141		-	pin set with "CUPLIN" property cap;
142		-	6) North 22°36'53" East, a distance of 110.76' to a 1/2" iron
143		-	pin set with "CUPLIN" property cap;
144		-	7) North 57°10'01" East, a distance of 69.29' to a 1/2" iron
145		-	pin set with "CUPLIN" property cap;
146		-	8) North 31°27'02" East, a distance of 55.74' to a 1/2" iron
147		-	pin set with "CUPLIN" property cap;
148		-	9) North 88°09'32" East, a distance of 10.21' to a 1/2" iron
149		-	pin set with "CUPLIN" property cap, along the easterly line of the
150		-	remnant tract of said 300.00 acre tract, the easterly line of a
151		-	called 70' wide access easement as described in Document
152		-	No. 200712014 of the Official Public Records of Burnet County,
153		-	Texas, along the westerly line of said Ellen Halbert Drive, and
154		-	being the northeasterly corner hereof, from whence a 1/2" iron pin
155		-	with "1877" property cap at the northeasterly corner of said 70'
156		-	wide access easement bears, North 14°02'32" West, a distance of
157		-	45.80';
158		-	THENCE South 14°02'32" East, along the westerly right-of-way line of
159		-	said Ellen Halbert Drive, the easterly line of said 70' wide access
160		-	easement, the easterly line of the remnant tract of said 300.000
161		-	acre tract, and hereof, a distance of 27.05' to a 1/2" iron pin
162		-	found, at the southeasterly corner of said 70' wide access
163		-	easement, and being an easterly angle point hereof;
164		-	THENCE South 13°40'34" East, along the westerly right-of-way line of
165		-	said Ellen Halbert Drive, the easterly line of the remnant tract of
166		-	said 300.000 acre tract, and hereof, a distance of 68.74' to the
167		-	POINT OF BEGINNING, containing 28.157 acres, more or less.
168		-	SECTION 4. (a) Section 493.010, Government Code, as
	78	+	SECTION 3. (a) Section 493.010, Government Code, as
169	79		amended by this Act, applies only to a lease or contract entered
170	80		into on or after the effective date of this Act.
171	81		(b) Section 508.172, Government Code, as added by this Act,
172	82		applies only to an application to participate in a program
173	83		described by that section that is submitted on or after the
174	84		effective date of this Act.
175		-	SECTION 5. This Act takes effect September 1, 2021.
176		-	______________________________ ______________________________
177		-	President of the Senate Speaker of the House
178		-	I certify that H.B. No. 954 was passed by the House on April
179		-	23, 2021, by the following vote: Yeas 123, Nays 23, 2 present, not
180		-	voting; and that the House concurred in Senate amendments to H.B.
181		-	No. 954 on May 28, 2021, by the following vote: Yeas 128, Nays 19,
182		-	1 present, not voting.
183		-	______________________________
184		-	Chief Clerk of the House
185		-	I certify that H.B. No. 954 was passed by the Senate, with
186		-	amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
187		-	0.
188		-	______________________________
189		-	Secretary of the Senate
190		-	APPROVED: __________________
191		-	Date
192		-	__________________
193		-	Governor
	85	+	SECTION 4. This Act takes effect September 1, 2021.
	86	+	* * * * *