Bill Text: TX HB954 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to certain contract and notice requirements applicable to certain facilities used to house inmates or releasees from the Texas Department of Criminal Justice and to the transfer of certain real property held by the department.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-06-14 - Effective on 9/1/21 [HB954 Detail]

Download: Texas-2021-HB954-Enrolled.html

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H.B. No. 954

AN ACT
relating to certain contract and notice requirements applicable to
certain facilities used to house inmates or releasees from the
Texas Department of Criminal Justice and to the transfer of certain
real property held by the department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 493.010, Government Code, is amended to
read as follows:
Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. (a) The
board, for the temporary or permanent housing of inmates, may enter
into leases or contract with:
(1) public or private jails; or
(2) operators of alternative housing facilities.
(b) The board may not enter into a lease or contract with an
operator of an alternative housing facility that is located in a
county with a population of 3.3 million or more unless the operator
submits to the board a permit or other documentation showing that
the facility is in compliance with all applicable municipal and
county regulations.
SECTION 2. Chapter 508, Government Code, is amended by
adding Subchapter E-1 to read as follows:
SUBCHAPTER E-1. ALTERNATIVE HOUSING IN CERTAIN COUNTIES
Sec. 508.171. APPLICABILITY. This subchapter applies only
with respect to alternative housing that is located in a county with
a population of 3.3 million or more.
Sec. 508.172. ALTERNATIVE HOUSING PROGRAM. The department
shall require that an applicant to participate as a provider in a
program designed to provide alternative housing for two or more
unrelated releasees submit with the application, in the manner
specified by the department, a permit or other documentation
showing that the proposed alternative housing facility is in
compliance with all applicable municipal and county regulations.
Sec. 508.173. INFORMATION REGARDING ALTERNATIVE HOUSING;
NOTICE TO POLITICAL SUBDIVISION. (a) The department shall
maintain the following information regarding releasees:
(1) a list of facilities providing alternative housing
to two or more unrelated releasees, including:
(A) the name, address, and telephone number of
the facility;
(B) the county in which the facility is located;
(C) information regarding whether the facility
is in compliance with all applicable municipal and county
regulations;
(D) the number of releasees residing at the
facility; and
(E) the maximum capacity of the facility; and
(2) a list of releasees being housed at a facility
described by Subdivision (1), including:
(A) the releasee's name;
(B) the county in which the releasee is required
to reside under Section 508.181;
(C) the county in which the releasee committed
the offense for which the releasee is on parole or mandatory
supervision;
(D) the alternative housing facility in which the
releasee resides; and
(E) the date on which the releasee began residing
at the facility.
(b) On request of a county or municipality, the department
shall provide monthly the information maintained by the department
under Subsection (a). A county or municipality shall notify the
department if the county or municipality does not want to continue
to receive the information.
(c) The department shall provide the information to a county
or municipality under Subsection (b) by secured electronic mail and
in a machine-readable format.
(d) On request by a member of the legislature, the
department shall provide the information maintained by the
department under Subsection (a) to the member.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, the Texas Department of Criminal Justice shall
transfer to the City of Burnet the real property described by
Subsection (e) of this section.
(b) The City of Burnet shall use the property transferred
under this section only for a purpose that benefits the public
interest of the state. If the City of Burnet uses the property for
any purpose other than a purpose that benefits the public interest
of the state, ownership of the property automatically reverts to
the Texas Department of Criminal Justice.
(c) The Texas Department of Criminal Justice shall transfer
the property by an appropriate instrument of transfer. The
instrument of transfer must provide that:
(1) the City of Burnet use the property only for a
purpose that benefits the public interest of the state; and
(2) ownership of the property will automatically
revert to the Texas Department of Criminal Justice if the City of
Burnet uses the property for any purpose other than a purpose that
benefits the public interest of the state.
(d) The Texas Department of Criminal Justice shall retain
custody of the instrument of transfer after the instrument of
transfer is filed in the real property records of Burnet County.
(e) The real property referred to in Subsection (a) of this
section is described as follows:
A 28.157 ACRE TRACT OUT OF THE EUGENIO PEREZ SURVEY NO. 41, ABSTRACT
NO. 672, BURNET COUNTY, TEXAS, OF LAND AS DESCRIBED IN THE REMAINDER
TRACT OF A CALLED 300.000 ACRE TRACT OF LAND AS DESCRIBED IN
DOCUMENT TO THE STATE OF TEXAS, RECORDED ON VOLUME 608, PAGE 19 OF
THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS, SAID 28.157 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
DESCRIPTION AS FOLLOWS:
BEGINNING at a found 5/8" iron pin, at the northwesterly corner of a
called 20.611 acre tract of land as described in document to the
City of Burnet, recorded in Volume 300, Page 184 of the Deed Records
of Burnet County, Texas, at the southwesterly corner of the
variable width right-of-way of Ellen Halbert Drive, along the
easterly line of the remnant of said 300.000 acre tract, and being
an easterly angle point hereof;
THENCE South 13°58'54" East, along the westerly line of said 20.611
acre tract, the westerly line of a called 2.259 acre tract of land
as described in document to the City of Burnet, Recorded in Document
No. 200908664 of the Official Public Records of Burnet County,
Texas, a distance of 1844.69' to a 1/2" iron pin set with "CUPLIN"
property cap, along the northerly line of a called 61.30 acre tract
of land as described in document to the City of Burnet, recorded in
Document No. 201904590 of the Official Public Records of Burnet
County, Texas, along the southerly line of the remnant tract of said
300.000 acre tract, and being the southeasterly corner hereof, from
whence a found 1/2" iron pin at the southeasterly corner of said
2.259 acre tract bears North 75°50'42" East, a distance of 255.72';
THENCE South 75°50'42" West, along the northerly line of said 61.30
acre tract, the southerly line of the remnant tract of said 300.000
acre tract, and hereof, a distance of 1120.41' to a 1/2" iron pin
set with "CUPLIN" property cap, at the southwesterly corner hereof,
from whence a found 3/8" iron pin with "Landtech" property capat the
northwesterly corner of said 61.30 acre tract bears, South 75°50'42"
West, a distance of 1497.86';
THENCE over and across the remnant tract of said 300.000 acre tract,
and the westerly lines hereof the following courses and distances;
1) North 12°11'19" East, a distance of 850.00' to a 1/2" iron
pin set with "CUPLIN" property cap;
2) North 12°58'09" East, a distance of 525.00' to a 1/2" iron
pin set with "CUPLIN" property cap;
3) North 12°00'15" East, a distance of 415.00' to a 1/2" iron
pin set with "CUPLIN" property cap;
4) North 12°46'27" East, a distance of 155.00' to a 1/2" iron
pin set with "CUPLIN" property cap;
5) North 40°37'37" East, a distance of 92.00' to a 1/2" iron
pin set with "CUPLIN" property cap;
6) North 22°36'53" East, a distance of 110.76' to a 1/2" iron
pin set with "CUPLIN" property cap;
7) North 57°10'01" East, a distance of 69.29' to a 1/2" iron
pin set with "CUPLIN" property cap;
8) North 31°27'02" East, a distance of 55.74' to a 1/2" iron
pin set with "CUPLIN" property cap;
9) North 88°09'32" East, a distance of 10.21' to a 1/2" iron
pin set with "CUPLIN" property cap, along the easterly line of the
remnant tract of said 300.00 acre tract, the easterly line of a
called 70' wide access easement as described in Document
No. 200712014 of the Official Public Records of Burnet County,
Texas, along the westerly line of said Ellen Halbert Drive, and
being the northeasterly corner hereof, from whence a 1/2" iron pin
with "1877" property cap at the northeasterly corner of said 70'
wide access easement bears, North 14°02'32" West, a distance of
45.80';
THENCE South 14°02'32" East, along the westerly right-of-way line of
said Ellen Halbert Drive, the easterly line of said 70' wide access
easement, the easterly line of the remnant tract of said 300.000
acre tract, and hereof, a distance of 27.05' to a 1/2" iron pin
found, at the southeasterly corner of said 70' wide access
easement, and being an easterly angle point hereof;
THENCE South 13°40'34" East, along the westerly right-of-way line of
said Ellen Halbert Drive, the easterly line of the remnant tract of
said 300.000 acre tract, and hereof, a distance of 68.74' to the
POINT OF BEGINNING, containing 28.157 acres, more or less.
SECTION 4. (a) Section 493.010, Government Code, as
amended by this Act, applies only to a lease or contract entered
into on or after the effective date of this Act.
(b) Section 508.172, Government Code, as added by this Act,
applies only to an application to participate in a program
described by that section that is submitted on or after the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 954 was passed by the House on April
23, 2021, by the following vote: Yeas 123, Nays 23, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 954 on May 28, 2021, by the following vote: Yeas 128, Nays 19,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 954 was passed by the Senate, with
amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor