By: Schwertner, Bettencourt, Buckingham S.B. No. 796
(In the Senate - Filed February 24, 2021; March 11, 2021,
read first time and referred to Committee on Local Government;
March 31, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 3; March 31, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 796 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to hearing and public notice requirements regarding the
purchase or conversion by a municipality of certain properties to
house homeless individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 8, Local Government Code, is
amended by adding Chapter 255 to read as follows:
CHAPTER 255. PURCHASE OR CONVERSION OF PROPERTY FOR CERTAIN
PURPOSES
Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR
PURCHASE OR CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS.
(a) Except as provided by Subsection (e), the governing body of a
municipality may not approve the purchase of a property or the
conversion of a property under the municipality's control for the
purpose of providing housing to homeless individuals unless the
governing body holds a public hearing before the purchase or
conversion of the property for that purpose. The hearing must be
held at a location within a two-mile radius of the property.
(b) Not later than 36 hours before a public hearing required
under Subsection (a) is held, the governing body of a municipality
must provide notice of the hearing by mail to each residence located
within a two-mile radius of the property the municipality proposes
to purchase or convert for a purpose described by that subsection.
(c) If the governing body of a municipality fails to comply
with this section, an individual who is entitled to notice under
Subsection (b) may bring an action in a district court in the county
in which the property described by that subsection is located for
injunctive relief to prevent the purchase or conversion of the
property.
(d) In the event of a conflict between this chapter and any
provision in the charter of a municipality relating to the purchase
or conversion or notice of the purchase or conversion of a property
for a purpose described by Subsection (a), this chapter controls.
(e) This section does not apply to the purchase or
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. Chapter 255, Local Government Code, as added by
this Act, applies only to the purchase or conversion of property
described by Section 255.001(a), Local Government Code, as added by
this Act, that becomes final on or after the effective date of this
Act.
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.
* * * * *