By: Schwertner, et al. S.B. No. 796
A BILL TO BE ENTITLED
AN ACT
relating to hearing and public notice requirements regarding the
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. CONVERSION OF PROPERTY FOR CERTAIN PURPOSES
Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR
CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except
as provided by Subsection (e), the governing body of a municipality
may not approve 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 not less than 90 days before the municipality begins to
convert the property for that purpose. The hearing must be held at
a location within a one-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 one-mile radius of the property the municipality proposes
to 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 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
conversion or notice of the conversion of a property for a purpose
described by Subsection (a), this chapter controls.
(e) This section does not apply to the 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 conversion of property described by
Section 255.001(a), Local Government Code, as added by this Act,
that is set to begin 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.