1 | | - | By: Schwertner, Bettencourt S.B. No. 646 |
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2 | | - | Buckingham |
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| 1 | + | By: Schwertner, Bettencourt, Buckingham S.B. No. 646 |
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| 2 | + | (In the Senate - Filed February 10, 2021; March 11, 2021, |
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| 3 | + | read first time and referred to Committee on Local Government; |
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| 4 | + | April 1, 2021, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 5, Nays 3; April 1, 2021, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 646 By: Nichols |
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14 | | - | Sec. 233.201. COUNTY APPROVAL. (a) A political |
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15 | | - | subdivision may not purchase or contract with a private entity to |
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16 | | - | purchase property to house homeless individuals unless the |
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17 | | - | commissioners court of the county in which the property is located |
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18 | | - | approves a plan described by Section 233.202(b). |
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19 | | - | (b) A political subdivision may not convert or contract with |
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20 | | - | a private entity to convert the use of a property owned by the |
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21 | | - | political subdivision or private entity to enable the property to |
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22 | | - | house homeless individuals unless the commissioners court of the |
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23 | | - | county in which the property is located approves a plan that meets |
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24 | | - | the requirements of Section 233.202(b). |
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| 20 | + | Sec. 233.201. COUNTY APPROVAL. (a) A person, including a |
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| 21 | + | political subdivision, may not purchase property to house homeless |
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| 22 | + | individuals unless the commissioners court of the county in which |
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| 23 | + | the property is located approves a plan described by Section |
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| 24 | + | 233.202(b). |
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| 25 | + | (b) A person may not convert the use of a property owned by |
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| 26 | + | the person to enable the property to house homeless individuals |
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| 27 | + | unless the commissioners court of the county in which the property |
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| 28 | + | is located approves a plan that meets the requirements of Section |
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| 29 | + | 233.202(b). |
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25 | 30 | | Sec. 233.202. PLAN REQUIREMENTS. (a) In this section, |
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26 | 31 | | "proposed new residents" means homeless individuals the applicant |
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27 | 32 | | intends to house at the purchased or converted property. |
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28 | 33 | | (b) A plan required by Section 233.201 must describe: |
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29 | 34 | | (1) the availability of local health care for proposed |
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30 | 35 | | new residents, including access to Medicaid services and mental |
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31 | 36 | | health services; |
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32 | 37 | | (2) the availability of indigent services for proposed |
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33 | 38 | | new residents; |
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34 | 39 | | (3) the availability of reasonably affordable public |
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35 | 40 | | transportation for proposed new residents; |
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36 | 41 | | (4) local law enforcement resources in the area of the |
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37 | 42 | | property; and |
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38 | 43 | | (5) the steps the applicant has taken to coordinate |
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39 | 44 | | with the local mental health authority to provide for any proposed |
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40 | 45 | | new residents. |
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41 | 46 | | (c) An applicant shall respond to reasonable requests for |
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42 | 47 | | additional information made by the commissioners court regarding |
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43 | 48 | | the proposed property purchase or use conversion. |
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48 | 51 | | (1) post notice of the proposed use of the property at |
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49 | 52 | | the property not later than the 61st day before the proposed date of |
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50 | 53 | | purchase or conversion; and |
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51 | 54 | | (2) publish notice of the proposed purchase or |
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52 | 55 | | conversion of the property for 10 consecutive days in a newspaper of |
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53 | 56 | | general circulation in the county in which the property is located, |
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54 | 57 | | with the first day being not later than the 61st day before the |
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55 | 58 | | proposed date of purchase or conversion. |
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56 | 59 | | Sec. 233.204. EXCEPTION. This subchapter does not apply to |
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57 | 60 | | the purchase or use conversion of a property to provide temporary |
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58 | 61 | | shelter or housing during a natural disaster, declared state of |
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59 | 62 | | emergency, or other life-threatening public emergency. |
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60 | 63 | | SECTION 2. The changes in law made by this Act apply only to |
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61 | 64 | | a purchase or use conversion described by Subchapter G, Chapter |
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62 | 65 | | 233, Local Government Code, as added by this Act, that is not final |
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63 | 66 | | on the effective date of this Act. A purchase or use conversion |
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64 | 67 | | that was final before the effective date of this Act is governed by |
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65 | 68 | | the law in effect when the purchase or use conversion was completed, |
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66 | 69 | | and the former law is continued in effect for that purpose. |
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67 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
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68 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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69 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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70 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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71 | 74 | | Act takes effect September 1, 2021. |
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