Bill Text: TX HB230 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the authority of a county or municipality to regulate the location of halfway houses; providing a penalty.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-24 - Placed on intent calendar [HB230 Detail]
Download: Texas-2011-HB230-Engrossed.html
By: Phillips | H.B. No. 230 |
|
||
|
||
relating to the authority of a county to regulate the location of | ||
halfway houses in the unincorporated areas of the county; providing | ||
a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 240, Local Government Code, is amended | ||
by adding Subchapter Y to read as follows: | ||
SUBCHAPTER Y. REGULATION OF HALFWAY HOUSES | ||
Sec. 240.851. 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. 240.852. AUTHORITY TO REGULATE. (a) The | ||
commissioners court of a county by order may adopt regulations | ||
regarding halfway houses as the commissioners court 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. | ||
Sec. 240.853. SCOPE OF REGULATION. (a) The location of a | ||
halfway house 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 commissioners court finds to be | ||
inconsistent with the operation of a halfway house. | ||
(b) The commissioners court may restrict the density of | ||
halfway houses. | ||
Sec. 240.854. LICENSES OR PERMITS. (a) The commissioners | ||
court 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. | ||
(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. | ||
Sec. 240.855. NOTICE REQUIRED. (a) An applicant for a | ||
license or permit issued under Section 240.854 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 a notice of the applicant's intent to establish a halfway | ||
house in the county, 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 | ||
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. 240.856. INSPECTION. A county may inspect a halfway | ||
house to determine compliance with this subchapter and regulations | ||
adopted under this subchapter. | ||
Sec. 240.857. FEES. The commissioners court 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 must be based on the cost of processing the applications | ||
and investigating the applicants. | ||
Sec. 240.858. ENFORCEMENT. (a) A county 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 immediately if it 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 immediate effect, this | ||
Act takes effect September 1, 2011. |