| 1 | 1 | | By: Schwertner S.B. No. 1214 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to hearing and public notice requirements regarding the |
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| 7 | 7 | | conversion by a municipality of certain properties to house |
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| 8 | 8 | | homeless individuals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 8, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 255 to read as follows: |
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| 12 | 12 | | CHAPTER 255. CONVERSION OF PROPERTY FOR CERTAIN PURPOSES |
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| 13 | 13 | | Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR |
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| 14 | 14 | | CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except |
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| 15 | 15 | | as provided by Subsection (e), a municipality's governing body may |
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| 16 | 16 | | not approve the conversion of a property under the municipality's |
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| 17 | 17 | | control to provide housing to homeless individuals unless the |
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| 18 | 18 | | governing body holds a public hearing not less than 90 days before |
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| 19 | 19 | | the municipality begins the conversion. The governing body must |
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| 20 | 20 | | hold the hearing at a location within a one-mile radius of the |
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| 21 | 21 | | property. |
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| 22 | 22 | | (b) Not later than 36 hours before a public hearing required |
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| 23 | 23 | | under Subsection (a) is held, a municipality's governing body must |
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| 24 | 24 | | provide notice of the hearing by mail to each residence and business |
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| 25 | 25 | | located within a one-mile radius of the property described by that |
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| 26 | 26 | | subsection. |
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| 27 | 27 | | (c) If a municipality's governing body fails to comply with |
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| 28 | 28 | | this section, an individual who is entitled to notice under |
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| 29 | 29 | | Subsection (b) may bring an action for injunctive relief in a |
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| 30 | 30 | | district court in the county in which the property described by |
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| 31 | 31 | | Subsection (a) is located to prevent the conversion of the |
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| 32 | 32 | | property. |
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| 33 | 33 | | (d) In the event of a conflict between this chapter and a |
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| 34 | 34 | | provision in a municipality's charter relating to the conversion or |
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| 35 | 35 | | notice of the conversion of a property described by Subsection (a), |
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| 36 | 36 | | this chapter controls. |
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| 37 | 37 | | (e) This section does not apply to the conversion of a |
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| 38 | 38 | | property to provide temporary shelter or housing during a natural |
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| 39 | 39 | | disaster, declared state of emergency, or other life-threatening |
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| 40 | 40 | | public emergency. |
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| 41 | 41 | | SECTION 2. Chapter 255, Local Government Code, as added by |
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| 42 | 42 | | this Act, applies only to the conversion of property described by |
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| 43 | 43 | | Section 255.001(a), Local Government Code, as added by this Act, |
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| 44 | 44 | | that is set to begin on or after the effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2023. |
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