By: Phillips	H.B. No. 230

	A BILL TO BE ENTITLED
	AN ACT
	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.