Bill Text: TX HB640 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the authority of a county or municipality to regulate the location of halfway houses; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-05 - Considered in Calendars [HB640 Detail]
Download: Texas-2017-HB640-Comm_Sub.html
85R18746 DMS-D | |||
By: Phillips | H.B. No. 640 | ||
Substitute the following for H.B. No. 640: | |||
By: Biedermann | C.S.H.B. No. 640 |
|
||
|
||
relating to the authority of a county or municipality to regulate | ||
the location of halfway houses; creating an offense. | ||
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 | ||
Chapter 42A, 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 the location of 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. A regulation adopted by a | ||
municipality applies only within the corporate boundaries of the | ||
municipality. | ||
Sec. 244.043. 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, | ||
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. | ||
(b) The governing body of a county or municipality may | ||
restrict the density of halfway houses. | ||
Sec. 244.044. NOTICE REQUIRED. (a) Not later than the 60th | ||
day before the date a facility begins operations as a halfway house, | ||
the owner or operator of the facility shall provide written notice | ||
to: | ||
(1) the mayor and the chief law enforcement officer of | ||
the municipality, if the proposed location of the halfway house is | ||
within the corporate boundaries of the municipality; or | ||
(2) the county judge and the chief law enforcement | ||
officer of the county, if the proposed location of the halfway house | ||
is in an unincorporated area of the county. | ||
(b) The notice required under Subsection (a) must include: | ||
(1) the name and business address of the owner or | ||
operator; | ||
(2) the proposed location of the halfway house; and | ||
(3) the maximum number of residents of the proposed | ||
halfway house. | ||
Sec. 244.045. 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 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, 2017. |