HBA-DMD H.B. 621 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 621
By: Dukes
Corrections
4/5/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, an entity seeking to operate or construct a correctional
or rehabilitation facility (facility) must obtain local consent from a
commissioners court or governing body of a municipality if the proposed
location is within 1,000 feet of a residential area, school, park, or place
of worship. However, current law does not prohibit operators of the
proposed facility from circumventing the local consent requirement by
signing a lease for a term less than one year.  H.B. 621 prohibits an
entity from entering into a contract for the construction or operation of a
facility before the expiration of the period in which local consent can be
denied has expired or before the 60th day after the commissioners court or
governing body of a municipality has received notice. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 244.004, Local Government Code, by adding
Subsections (c) and (d), to provide that a public hearing concerning the
proposed location of a correctional or rehabilitation facility (facility)
must be held in a public meeting facility that is as close as possible to
the proposed location of the facility.  Prohibits an entity that is
required to give notice to the commissioners court and the governing body
of the municipality from entering into a contract, including a lease, for
the construction or operation of the proposed facility until the period has
expired during which local consent for the location of the facility can be
denied. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Amendment #1

SECTION 1.  Amends Section 244.004, Local Government Code, to specify that
the proposed facilities contemplated by this section are for treatment of
persons on parole or community supervision.