By: Schwertner, Bettencourt, Buckingham S.B. No. 646
(In the Senate - Filed February 10, 2021; March 11, 2021,
read first time and referred to Committee on Local Government;
April 1, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 3; April 1, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 646 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to county approval of certain proposed purchases or
conversions of properties to house homeless individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 233, Local Government Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. APPROVAL FOR PURCHASE OR USE CONVERSION OF PROPERTY
TO HOUSE HOMELESS INDIVIDUALS
Sec. 233.201. COUNTY APPROVAL. (a) A person, including a
political subdivision, may not purchase property to house homeless
individuals unless the commissioners court of the county in which
the property is located approves a plan described by Section
233.202(b).
(b) A person may not convert the use of a property owned by
the person to enable the property to house homeless individuals
unless the commissioners court of the county in which the property
is located approves a plan that meets the requirements of Section
233.202(b).
Sec. 233.202. PLAN REQUIREMENTS. (a) In this section,
"proposed new residents" means homeless individuals the applicant
intends to house at the purchased or converted property.
(b) A plan required by Section 233.201 must describe:
(1) the availability of local health care for proposed
new residents, including access to Medicaid services and mental
health services;
(2) the availability of indigent services for proposed
new residents;
(3) the availability of reasonably affordable public
transportation for proposed new residents;
(4) local law enforcement resources in the area of the
property; and
(5) the steps the applicant has taken to coordinate
with the local mental health authority to provide for any proposed
new residents.
(c) An applicant shall respond to reasonable requests for
additional information made by the commissioners court regarding
the proposed property purchase or use conversion.
Sec. 233.203. NOTICE. A person who intends to purchase or
convert property to house homeless individuals shall:
(1) post notice of the proposed use of the property at
the property not later than the 61st day before the proposed date of
purchase or conversion; and
(2) publish notice of the proposed purchase or
conversion of the property for 10 consecutive days in a newspaper of
general circulation in the county in which the property is located,
with the first day being not later than the 61st day before the
proposed date of purchase or conversion.
Sec. 233.204. EXCEPTION. This subchapter does not apply to
the purchase or use conversion of a property to provide temporary
shelter or housing during a natural disaster, declared state of
emergency, or other life-threatening public emergency.
SECTION 2. The changes in law made by this Act apply only to
a purchase or use conversion described by Subchapter G, Chapter
233, Local Government Code, as added by this Act, that is not final
on the effective date of this Act. A purchase or use conversion
that was final before the effective date of this Act is governed by
the law in effect when the purchase or use conversion was completed,
and the former law is continued in effect for that purpose.
SECTION 3. 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, 2021.
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