By: Schwertner S.B. No. 1214
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), a municipality's governing body may
not approve the conversion of a property under the municipality's
control to provide housing to homeless individuals unless the
governing body holds a public hearing not less than 90 days before
the municipality begins the conversion. The governing body must
hold the hearing 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, a municipality's governing body must
provide notice of the hearing by mail to each residence and business
located within a one-mile radius of the property described by that
subsection.
(c) If a municipality's governing body fails to comply with
this section, an individual who is entitled to notice under
Subsection (b) may bring an action for injunctive relief in a
district court in the county in which the property described by
Subsection (a) is located to prevent the conversion of the
property.
(d) In the event of a conflict between this chapter and a
provision in a municipality's charter relating to the conversion or
notice of the conversion of a property 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, 2023.