| 1 | 1 | | 89R11774 LRM-D |
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| 2 | 2 | | By: LaHood H.B. No. 3858 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the required approval of the proposed location of |
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| 10 | 10 | | county or municipal temporary housing or emergency shelter for |
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| 11 | 11 | | disaster victims. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter B, Chapter 418, Government Code, is |
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| 14 | 14 | | amended by adding Section 418.0201 to read as follows: |
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| 15 | 15 | | Sec. 418.0201. REQUIRED APPROVAL OF TEMPORARY HOUSING OR |
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| 16 | 16 | | EMERGENCY SHELTER. (a) The governor, with assistance from the |
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| 17 | 17 | | department, shall establish an approval process for a county or |
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| 18 | 18 | | municipality to construct or operate temporary housing or an |
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| 19 | 19 | | emergency shelter for disaster victims. |
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| 20 | 20 | | (b) A county or municipality may apply for approval to |
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| 21 | 21 | | construct or operate temporary housing or an emergency shelter for |
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| 22 | 22 | | disaster victims at a proposed location by submitting: |
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| 23 | 23 | | (1) to the governor, in the form and manner required by |
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| 24 | 24 | | the governor, an application with details of the proposed location |
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| 25 | 25 | | for the temporary housing or emergency shelter; and |
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| 26 | 26 | | (2) to the department, in the form and manner required |
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| 27 | 27 | | by the department in consultation with the governor, a request for |
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| 28 | 28 | | the department to perform a public safety assessment of the |
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| 29 | 29 | | proposed location. |
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| 30 | 30 | | (c) On receipt of a county's or municipality's public safety |
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| 31 | 31 | | assessment request, the department shall conduct the public safety |
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| 32 | 32 | | assessment, including an assessment of the crime rate, for the |
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| 33 | 33 | | proposed location of the temporary housing or emergency shelter and |
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| 34 | 34 | | shall submit a copy of the completed assessment to the governor. |
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| 35 | 35 | | (d) The governor shall review each application a county or |
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| 36 | 36 | | municipality submits under this section, the related public safety |
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| 37 | 37 | | assessment submitted under Subsection (c), and any other |
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| 38 | 38 | | information the governor considers relevant to determine whether |
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| 39 | 39 | | the location proposed by the county or municipality for temporary |
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| 40 | 40 | | housing or an emergency shelter for disaster victims is a safe |
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| 41 | 41 | | location for the disaster victims. |
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| 42 | 42 | | (e) The governor shall approve the construction or |
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| 43 | 43 | | operation of the temporary housing or emergency shelter at the |
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| 44 | 44 | | proposed location if the governor determines that the location is |
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| 45 | 45 | | sufficiently safe for the disaster victims. |
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| 46 | 46 | | (f) If the governor determines that the proposed location is |
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| 47 | 47 | | unsafe for the disaster victims, the governor shall: |
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| 48 | 48 | | (1) deny the application; and |
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| 49 | 49 | | (2) explain the reason the proposed location is unsafe |
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| 50 | 50 | | for the disaster victims. |
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| 51 | 51 | | (g) The governor shall adopt rules necessary to implement |
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| 52 | 52 | | this section. |
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| 53 | 53 | | SECTION 2. As soon as practicable after the effective date |
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| 54 | 54 | | of this Act, the governor shall adopt the rules necessary to |
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| 55 | 55 | | implement Section 418.0201, Government Code, as added by this Act. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2025. |
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