Bill Text: TX HB907 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authority of a county or municipality to regulate the location of halfway houses; providing a criminal penalty; authorizing fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-06 - Left pending in committee [HB907 Detail]
Download: Texas-2015-HB907-Introduced.html
84R3556 JRR-D | ||
By: Phillips | H.B. No. 907 |
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relating to the authority of a county or municipality to regulate | ||
the location of halfway houses; providing a criminal penalty; | ||
authorizing fees. | ||
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 | ||
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. 244.042. AUTHORITY TO REGULATE. (a) The governing body | ||
of a county or municipality, by order or ordinance, may adopt | ||
regulations regarding 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, and a regulation adopted by a | ||
municipality applies only to the incorporated area 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, | ||
regular place of religious worship, 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. LICENSES OR PERMITS. (a) The governing body | ||
of a county or municipality 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 or municipality. | ||
(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 or municipality. | ||
Sec. 244.045. NOTICE REQUIRED. (a) An applicant for a | ||
license or permit issued under Section 244.044 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 or municipality a notice of the applicant's intent to | ||
establish a halfway house in the county or municipality, as | ||
applicable, the 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 | ||
or municipality, as applicable, in which the halfway house is to be | ||
located may require the sign to be both in English and in 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. 244.046. INSPECTION. A county or municipality, as | ||
applicable, may inspect a halfway house to determine compliance | ||
with this subchapter and regulations adopted under this subchapter. | ||
Sec. 244.047. FEES. The governing body of a county or | ||
municipality 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. 244.048. 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, 2015. |