85R5029 DMS-D
 
  By: Phillips H.B. No. 640
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a county or municipality to regulate
  the location of halfway houses; providing a criminal penalty.
         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,
  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.  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.