TX
Texas Senate Bill SB796

Texas 2021 - 87th Regular

Texas Senate Bill SB796 Compare Versions

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1-By: Schwertner, et al. S.B. No. 796
1+By: Schwertner, Bettencourt, Buckingham S.B. No. 796
2+ (In the Senate - Filed February 24, 2021; March 11, 2021,
3+ read first time and referred to Committee on Local Government;
4+ March 31, 2021, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 5, Nays 3; March 31, 2021,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 796 By: Nichols
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411 A BILL TO BE ENTITLED
512 AN ACT
613 relating to hearing and public notice requirements regarding the
7- conversion by a municipality of certain properties to house
8- homeless individuals.
14+ purchase or conversion by a municipality of certain properties to
15+ house homeless individuals.
916 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1017 SECTION 1. Subtitle A, Title 8, Local Government Code, is
1118 amended by adding Chapter 255 to read as follows:
12- CHAPTER 255. CONVERSION OF PROPERTY FOR CERTAIN PURPOSES
19+ CHAPTER 255. PURCHASE OR CONVERSION OF PROPERTY FOR CERTAIN
20+ PURPOSES
1321 Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR
14- CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except
15- as provided by Subsection (e), the governing body of a municipality
16- may not approve the conversion of a property under the
17- municipality's control for the purpose of providing housing to
18- homeless individuals unless the governing body holds a public
19- hearing not less than 90 days before the municipality begins to
20- convert the property for that purpose. The hearing must be held at
21- a location within a one-mile radius of the property.
22+ PURCHASE OR CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS.
23+ (a) Except as provided by Subsection (e), the governing body of a
24+ municipality may not approve the purchase of a property or the
25+ conversion of a property under the municipality's control for the
26+ purpose of providing housing to homeless individuals unless the
27+ governing body holds a public hearing before the purchase or
28+ conversion of the property for that purpose. The hearing must be
29+ held at a location within a two-mile radius of the property.
2230 (b) Not later than 36 hours before a public hearing required
2331 under Subsection (a) is held, the governing body of a municipality
2432 must provide notice of the hearing by mail to each residence located
25- within a one-mile radius of the property the municipality proposes
26- to convert for a purpose described by that subsection.
33+ within a two-mile radius of the property the municipality proposes
34+ to purchase or convert for a purpose described by that subsection.
2735 (c) If the governing body of a municipality fails to comply
2836 with this section, an individual who is entitled to notice under
2937 Subsection (b) may bring an action in a district court in the county
3038 in which the property described by that subsection is located for
31- injunctive relief to prevent the conversion of the property.
39+ injunctive relief to prevent the purchase or conversion of the
40+ property.
3241 (d) In the event of a conflict between this chapter and any
33- provision in the charter of a municipality relating to the
34- conversion or notice of the conversion of a property for a purpose
35- described by Subsection (a), this chapter controls.
36- (e) This section does not apply to the conversion of a
37- property to provide temporary shelter or housing during a natural
38- disaster, declared state of emergency, or other life-threatening
39- public emergency.
42+ provision in the charter of a municipality relating to the purchase
43+ or conversion or notice of the purchase or conversion of a property
44+ for a purpose described by Subsection (a), this chapter controls.
45+ (e) This section does not apply to the purchase or
46+ conversion of a property to provide temporary shelter or housing
47+ during a natural disaster, declared state of emergency, or other
48+ life-threatening public emergency.
4049 SECTION 2. Chapter 255, Local Government Code, as added by
41- this Act, applies only to the conversion of property described by
42- Section 255.001(a), Local Government Code, as added by this Act,
43- that is set to begin on or after the effective date of this Act.
50+ this Act, applies only to the purchase or conversion of property
51+ described by Section 255.001(a), Local Government Code, as added by
52+ this Act, that becomes final on or after the effective date of this
53+ Act.
4454 SECTION 3. This Act takes effect immediately if it receives
4555 a vote of two-thirds of all the members elected to each house, as
4656 provided by Section 39, Article III, Texas Constitution. If this
4757 Act does not receive the vote necessary for immediate effect, this
4858 Act takes effect September 1, 2021.
59+ * * * * *