89R23309 LRM-D
By: LaHood H.B. No. 3858
Substitute the following for H.B. No. 3858:
By: Hefner C.S.H.B. No. 3858
A BILL TO BE ENTITLED
AN ACT
relating to the required approval of the proposed location of
county or municipal temporary housing or emergency shelter for
disaster victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 418, Government Code, is
amended by adding Section 418.0201 to read as follows:
Sec. 418.0201. REQUIRED APPROVAL OF TEMPORARY HOUSING OR
EMERGENCY SHELTER. (a) The governor, with assistance from the
department, shall establish an approval process for a county or
municipality to construct or operate temporary housing or an
emergency shelter for disaster victims.
(b) A county or municipality may apply for approval to
construct or operate temporary housing or an emergency shelter for
disaster victims at a proposed location by submitting:
(1) to the governor, in the form and manner required by
the governor, an application with details of the proposed location
for the temporary housing or emergency shelter; and
(2) to the department, in the form and manner required
by the department in consultation with the governor, a request for
the department to perform a public safety assessment of the
proposed location.
(c) On receipt of a county's or municipality's public safety
assessment request, the department shall conduct the public safety
assessment, including an assessment of the crime rate, for the
proposed location of the temporary housing or emergency shelter and
shall submit a copy of the completed assessment to the governor.
(d) The governor shall review each application a county or
municipality submits under this section, the related public safety
assessment submitted under Subsection (c), and any other
information the governor considers relevant to determine whether
the location proposed by the county or municipality for temporary
housing or an emergency shelter for disaster victims is a safe
location for the disaster victims.
(e) The governor shall approve the construction or
operation of the temporary housing or emergency shelter at the
proposed location if the governor determines that the location is
sufficiently safe for the disaster victims.
(f) If the governor determines that the proposed location is
unsafe for the disaster victims, the governor shall:
(1) deny the application; and
(2) explain the reason the proposed location is unsafe
for the disaster victims.
(g) During a disaster, a county or municipality may
construct or operate temporary housing or an emergency shelter
without prior approval under this section, provided the county or
municipality applies for approval under this section not later than
the 30th day after the first day of operation of the temporary
housing or emergency shelter.
(h) The governor shall adopt rules necessary to implement
this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall adopt the rules necessary to
implement Section 418.0201, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.