Bill Text: TX SB24 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to the authority of a county or municipality to regulate the location of halfway houses; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-06-01 - Filed [SB24 Detail]
Download: Texas-2011-SB24-Introduced.html
82S10120 KCR-D | ||
By: Gallegos | S.B. No. 24 |
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relating to the authority of a county or municipality to regulate | ||
the location of halfway houses; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 244, Local Government Code, is amended | ||
by adding Subchapter C to read as follows: | ||
SUBCHAPTER C. HALFWAY HOUSES | ||
Sec. 244.041. DEFINITION. In this subchapter, "halfway | ||
house" means a residential facility that: | ||
(1) is independently operated by a private entity, | ||
including a nonprofit organization; | ||
(2) is not operated under contract with an agency or | ||
political subdivision of the state or an agency of the federal | ||
government; | ||
(3) is not a chemical dependency treatment facility | ||
licensed under Chapter 464, Health and Safety Code; and | ||
(4) is operated for the purpose of housing two or more | ||
individuals who are not related by consanguinity or affinity and | ||
who have been: | ||
(A) placed on community supervision under | ||
Article 42.12, Code of Criminal Procedure; | ||
(B) released on parole or to mandatory | ||
supervision under Chapter 508, Government Code; or | ||
(C) placed on or released on or to the functional | ||
equivalent of community supervision, parole, or mandatory | ||
supervision under the laws of another state or federal law. | ||
Sec. 244.042. AUTHORITY TO REGULATE. (a) The governing body | ||
of a county or municipality, by order or ordinance, may adopt | ||
regulations regarding halfway houses as the governing body | ||
considers necessary to promote the public health, safety, or | ||
welfare. | ||
(b) A regulation adopted by a county applies only to the | ||
unincorporated area of the county, and a regulation adopted by a | ||
municipality applies only to the incorporated area of the | ||
municipality. | ||
Sec. 244.043. SCOPE OF REGULATION. (a) The location of a | ||
halfway house not in operation on September 1, 2011, may be: | ||
(1) restricted to particular areas; or | ||
(2) prohibited within a certain distance of a school, | ||
regular place of religious worship, residential neighborhood, or | ||
other specified land use the governing body of a county or | ||
municipality finds to be inconsistent with the operation of a | ||
halfway house, provided that the prohibition does not include more | ||
than 50 percent of the unincorporated area of the county or the | ||
incorporated area of the municipality, as applicable. | ||
(b) The governing body of a county or municipality may enact | ||
reasonable restrictions regarding the density of halfway houses. | ||
Sec. 244.044. LICENSES OR PERMITS. (a) The governing body | ||
of a county or municipality may require that an owner or operator of | ||
a halfway house obtain a license or other permit or renew a license | ||
or other permit on a periodic basis for the operation of a halfway | ||
house. An application for a license or other permit must be made in | ||
accordance with the regulations adopted under this subchapter. | ||
(b) The regulations adopted under this subchapter may | ||
provide for the denial, suspension, or revocation of a license or | ||
other permit issued by the county or municipality. | ||
(c) A district court has jurisdiction of a suit that arises | ||
from the denial, suspension, or revocation of a license or other | ||
permit issued by a county or municipality. | ||
Sec. 244.045. NOTICE REQUIRED. (a) An applicant for a | ||
license or permit issued under Section 244.044 for a location not | ||
previously licensed or permitted shall, not later than the 60th day | ||
before the date the application is filed: | ||
(1) publish in a newspaper of general circulation in | ||
the county or municipality a notice of the applicant's intent to | ||
establish a halfway house in the county or municipality, as | ||
applicable, the name and business address of the applicant, and the | ||
proposed location of the halfway house; and | ||
(2) prominently post an outdoor sign at the location | ||
stating that a halfway house is intended to be located on the | ||
premises and providing the name and business address of the | ||
applicant. | ||
(b) The sign must be at least 24 by 36 inches in size and | ||
must be written in lettering at least 2 inches in size. The county | ||
or municipality, as applicable, in which the halfway house is to be | ||
located may require the sign to be both in English and a language | ||
other than English if it is likely that a substantial number of the | ||
residents in the area speak a language other than English as their | ||
familiar language. | ||
Sec. 244.046. INSPECTION. A county or municipality, as | ||
applicable, may inspect a halfway house to determine compliance | ||
with this subchapter and regulations adopted under this subchapter. | ||
Sec. 244.047. FEES. The governing body of a county or | ||
municipality by order may impose fees on applicants for a license or | ||
other permit issued under this subchapter or for the renewal of the | ||
license or other permit. The fees may not exceed the cost of | ||
processing the applications and investigating the applicants. | ||
Sec. 244.048. ENFORCEMENT. (a) A county or municipality | ||
may sue in the district court for an injunction to prohibit the | ||
violation of a regulation adopted under this subchapter. | ||
(b) A person commits an offense if the person violates a | ||
regulation adopted under this subchapter. An offense under this | ||
subsection is a Class A misdemeanor. | ||
SECTION 2. This Act takes effect September 1, 2011, if this | ||
Act 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 effect on that | ||
date, this Act takes effect on the 91st day after the last day of the | ||
legislative session. |