BILL ANALYSIS C.S.H.B. 3858 By: LaHood Homeland Security, Public Safety & Veterans' Affairs Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that a failure by a county or municipality to conduct a public safety assessment of a proposed location before opening temporary housing or an emergency shelter can result in increased risks to public safety, a lack of emergency preparedness, an inefficient use of resources, negative community impact, and a reduced trust in the state's disaster management efforts. C.S.H.B. 3858 seeks to increase public safety, ensure consistency and accountability, and ensure disaster victims are placed in safe locations by requiring a county or municipality to obtain approval from the governor before building or operating temporary housing or an emergency shelter for disaster victims based on a public safety assessment conducted by the Department of Public Safety. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the governor in SECTION 1 of this bill. ANALYSIS C.S.H.B. 3858 amends the Government Code to require the governor, with assistance from the Department of Public Safety (DPS), to establish an approval process for a county or municipality to construct or operate temporary housing or an emergency shelter for disaster victims. The bill authorizes a county or municipality to apply for approval to construct or operate temporary housing or an emergency shelter for disaster victims at a proposed location by submitting the following: 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 to DPS, in the form and manner required by DPS in consultation with the governor, a request for DPS to perform a public safety assessment of the proposed location. C.S.H.B. 3858 requires DPS, on receipt of a county's or municipality's public safety assessment request, to conduct the public safety assessment, including an assessment of the crime rate, for the proposed location of the temporary housing or emergency shelter and to submit a copy of the completed assessment to the governor. The bill requires the governor to do the following with respect to each application a county or municipality submits under the bill's provisions: review the application, the related public safety assessment, 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; 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; and if the governor determines that the proposed location is unsafe for the disaster victims, deny the application and explain the reason the proposed location is unsafe for the disaster victims. C.S.H.B. 3858 authorizes a county or municipality to construct or operate temporary housing or an emergency shelter during a disaster without prior approval under the bill's provisions, provided the county or municipality applies for approval not later than the 30th day after the first day of operation of the temporary housing or emergency shelter. C.S.H.B. 3858 requires the governor to adopt rules necessary to implement the bill's provisions as soon as practicable after the bill's effective date. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3858 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes an authorization absent from the introduced for a county or municipality to construct or operate temporary housing or an emergency shelter during a disaster without prior approval, provided the county or municipality applies for approval not later than the 30th day after the first day of operation of the temporary housing or emergency shelter.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 3858
By: LaHood
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Substituted)
C.S.H.B. 3858
By: LaHood
Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that a failure by a county or municipality to conduct a public safety assessment of a proposed location before opening temporary housing or an emergency shelter can result in increased risks to public safety, a lack of emergency preparedness, an inefficient use of resources, negative community impact, and a reduced trust in the state's disaster management efforts. C.S.H.B. 3858 seeks to increase public safety, ensure consistency and accountability, and ensure disaster victims are placed in safe locations by requiring a county or municipality to obtain approval from the governor before building or operating temporary housing or an emergency shelter for disaster victims based on a public safety assessment conducted by the Department of Public Safety.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the governor in SECTION 1 of this bill.
ANALYSIS C.S.H.B. 3858 amends the Government Code to require the governor, with assistance from the Department of Public Safety (DPS), to establish an approval process for a county or municipality to construct or operate temporary housing or an emergency shelter for disaster victims. The bill authorizes a county or municipality to apply for approval to construct or operate temporary housing or an emergency shelter for disaster victims at a proposed location by submitting the following: 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 to DPS, in the form and manner required by DPS in consultation with the governor, a request for DPS to perform a public safety assessment of the proposed location. C.S.H.B. 3858 requires DPS, on receipt of a county's or municipality's public safety assessment request, to conduct the public safety assessment, including an assessment of the crime rate, for the proposed location of the temporary housing or emergency shelter and to submit a copy of the completed assessment to the governor. The bill requires the governor to do the following with respect to each application a county or municipality submits under the bill's provisions: review the application, the related public safety assessment, 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; 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; and if the governor determines that the proposed location is unsafe for the disaster victims, deny the application and explain the reason the proposed location is unsafe for the disaster victims. C.S.H.B. 3858 authorizes a county or municipality to construct or operate temporary housing or an emergency shelter during a disaster without prior approval under the bill's provisions, provided the county or municipality applies for approval not later than the 30th day after the first day of operation of the temporary housing or emergency shelter. C.S.H.B. 3858 requires the governor to adopt rules necessary to implement the bill's provisions as soon as practicable after the bill's effective date.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 3858 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes an authorization absent from the introduced for a county or municipality to construct or operate temporary housing or an emergency shelter during a disaster without prior approval, provided the county or municipality applies for approval not later than the 30th day after the first day of operation of the temporary housing or emergency shelter.
BACKGROUND AND PURPOSE
The bill author has informed the committee that a failure by a county or municipality to conduct a public safety assessment of a proposed location before opening temporary housing or an emergency shelter can result in increased risks to public safety, a lack of emergency preparedness, an inefficient use of resources, negative community impact, and a reduced trust in the state's disaster management efforts. C.S.H.B. 3858 seeks to increase public safety, ensure consistency and accountability, and ensure disaster victims are placed in safe locations by requiring a county or municipality to obtain approval from the governor before building or operating temporary housing or an emergency shelter for disaster victims based on a public safety assessment conducted by the Department of Public Safety.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the governor in SECTION 1 of this bill.
ANALYSIS
C.S.H.B. 3858 amends the Government Code to require the governor, with assistance from the Department of Public Safety (DPS), to establish an approval process for a county or municipality to construct or operate temporary housing or an emergency shelter for disaster victims. The bill authorizes a county or municipality to apply for approval to construct or operate temporary housing or an emergency shelter for disaster victims at a proposed location by submitting the following:
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
to DPS, in the form and manner required by DPS in consultation with the governor, a request for DPS to perform a public safety assessment of the proposed location.
C.S.H.B. 3858 requires DPS, on receipt of a county's or municipality's public safety assessment request, to conduct the public safety assessment, including an assessment of the crime rate, for the proposed location of the temporary housing or emergency shelter and to submit a copy of the completed assessment to the governor. The bill requires the governor to do the following with respect to each application a county or municipality submits under the bill's provisions:
review the application, the related public safety assessment, 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;
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; and
if the governor determines that the proposed location is unsafe for the disaster victims, deny the application and explain the reason the proposed location is unsafe for the disaster victims.
C.S.H.B. 3858 authorizes a county or municipality to construct or operate temporary housing or an emergency shelter during a disaster without prior approval under the bill's provisions, provided the county or municipality applies for approval not later than the 30th day after the first day of operation of the temporary housing or emergency shelter.
C.S.H.B. 3858 requires the governor to adopt rules necessary to implement the bill's provisions as soon as practicable after the bill's effective date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3858 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute includes an authorization absent from the introduced for a county or municipality to construct or operate temporary housing or an emergency shelter during a disaster without prior approval, provided the county or municipality applies for approval not later than the 30th day after the first day of operation of the temporary housing or emergency shelter.