Bill Text: TX SB796 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to hearing and public notice requirements regarding the conversion by a municipality of certain properties to house homeless individuals.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2021-05-21 - Failed to receive affirmative vote in comm. [SB796 Detail]
Download: Texas-2021-SB796-Engrossed.html
By: Schwertner, et al. | S.B. No. 796 |
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relating to hearing and public notice requirements regarding the | ||
conversion by a municipality of certain properties to house | ||
homeless individuals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 8, Local Government Code, is | ||
amended by adding Chapter 255 to read as follows: | ||
CHAPTER 255. CONVERSION OF PROPERTY FOR CERTAIN PURPOSES | ||
Sec. 255.001. SPECIAL HEARING AND NOTICE REQUIREMENTS FOR | ||
CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS. (a) Except | ||
as provided by Subsection (e), the governing body of a municipality | ||
may not approve the conversion of a property under the | ||
municipality's control for the purpose of providing housing to | ||
homeless individuals unless the governing body holds a public | ||
hearing not less than 90 days before the municipality begins to | ||
convert the property for that purpose. The hearing must be held at | ||
a location within a one-mile radius of the property. | ||
(b) Not later than 36 hours before a public hearing required | ||
under Subsection (a) is held, the governing body of a municipality | ||
must provide notice of the hearing by mail to each residence located | ||
within a one-mile radius of the property the municipality proposes | ||
to convert for a purpose described by that subsection. | ||
(c) If the governing body of a municipality fails to comply | ||
with this section, an individual who is entitled to notice under | ||
Subsection (b) may bring an action in a district court in the county | ||
in which the property described by that subsection is located for | ||
injunctive relief to prevent the conversion of the property. | ||
(d) In the event of a conflict between this chapter and any | ||
provision in the charter of a municipality relating to the | ||
conversion or notice of the conversion of a property for a purpose | ||
described by Subsection (a), this chapter controls. | ||
(e) This section does not apply to the conversion of a | ||
property to provide temporary shelter or housing during a natural | ||
disaster, declared state of emergency, or other life-threatening | ||
public emergency. | ||
SECTION 2. Chapter 255, Local Government Code, as added by | ||
this Act, applies only to the conversion of property described by | ||
Section 255.001(a), Local Government Code, as added by this Act, | ||
that is set to begin on or after the effective date of this Act. | ||
SECTION 3. 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, 2021. |