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A BILL TO BE ENTITLED
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AN ACT
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relating to hearing and public notice requirements regarding the |
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conversion by a municipality of certain properties to house |
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homeless individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 8, Local Government Code, is |
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amended by adding Chapter 255 to read as follows: |
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CHAPTER 255. CONVERSION OF PROPERTY FOR CERTAIN PURPOSES |
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Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR |
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CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except |
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as provided by Subsection (e), a municipality's governing body may |
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not approve the conversion of a property under the municipality's |
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control to provide housing to homeless individuals unless the |
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governing body holds a public hearing not less than 90 days before |
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the municipality begins the conversion. The governing body must |
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hold the hearing at a location within a one-mile radius of the |
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property. |
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(b) Not later than 36 hours before a public hearing required |
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under Subsection (a) is held, a municipality's governing body must |
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provide notice of the hearing by mail to each residence and business |
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located within a one-mile radius of the property described by that |
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subsection. |
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(c) If a municipality's governing body fails to comply with |
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this section, an individual who is entitled to notice under |
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Subsection (b) may bring an action for injunctive relief in a |
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district court in the county in which the property described by |
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Subsection (a) is located to prevent the conversion of the |
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property. |
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(d) In the event of a conflict between this chapter and a |
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provision in a municipality's charter relating to the conversion or |
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notice of the conversion of a property described by Subsection (a), |
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this chapter controls. |
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(e) This section does not apply to the conversion of a |
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property to provide temporary shelter or housing during a natural |
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disaster, declared state of emergency, or other life-threatening |
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public emergency. |
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SECTION 2. Chapter 255, Local Government Code, as added by |
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this Act, applies only to the conversion of property described by |
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Section 255.001(a), Local Government Code, as added by this Act, |
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that is set to begin on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |