HBA-ATS S.B. 1073 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1073
By: Gallegos
Land & Resource Management
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

In many U.S. cities, both large and small, there are concerns over the
construction of new homeless shelters.  Critics argue that too many
homeless programs concentrated in one area are magnets for homeless people,
which adversely impacts adjacent parcels or the surrounding neighborhood
and potentially endangers the health, safety, and general welfare of the
nearby residents and businesses. Proponents contend that there cannot be
too many homeless shelters because shelters give people the help they need
to move forward with their own lives.  In Texas, there is no state law that
dictates where a shelter for the homeless may be built or operated.
Although many cities deal with the issue by using zoning laws, the City of
Houston is unable to use this option since it does not have a zoning
authority. 

S.B. 1073 applies only to the construction or operation of a shelter for
homeless individuals located or proposed to be located within the
boundaries of a municipality with a population of 1.6 million or more.  The
bill prohibits a person from constructing or operating a shelter for
homeless individuals within 1,000 feet of another shelter for the homeless
or a primary or secondary school, unless municipal consent is granted.  The
distance is measured along the shortest straight line between the nearest
property line of the shelter to the nearest property line of another
shelter or a primary or secondary school. 

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 the heading to Chapter 244, Local Government Code, as
follows: 

CHAPTER 244.  New heading:  LOCATION OF CERTAIN FACILITIES AND SHELTERS

SECTION 2.  Redesignates Sections 244.001-244.008, Local Government Code,
to Subchapter A, Chapter 244, Local Government Code.  Creates a heading to
that subchapter, as follows: 

SUBCHAPTER A.  CORRECTIONAL OR REHABILITATION FACILITY

SECTION 3.  Amends Chapter 244, Local Government Code, by adding Subchapter
B, as follows: 

SUBCHAPTER B.  SHELTER FOR HOMELESS INDIVIDUALS

Sec. 244.021.  DEFINITION.  Defines "shelter for homeless individuals."

Sec. 244.022.  APPLICATION OF SUBCHAPTER.  Provides that this subchapter
applies only to the construction or operation of a shelter for homeless
individuals located or proposed to be located within the boundaries of a
municipality with a population of 1.6 million or more. 

 Sec. 244.023.  RESTRICTION.  Prohibits a person from constructing or
operating a shelter for homeless individuals within 1,000 feet of another
shelter for the homeless or a primary or secondary school, unless municipal
consent is granted. 

Sec. 244.024.  NOTICE.  Requires person who intends to construct or operate
a shelter for homeless individuals to post notice of the proposed location
of the shelter at that location and to provide notice of the proposed
location of the shelter to the governing body of the municipality within
the boundaries of which the shelter is proposed to be located.  Requires
the person to post and provide the required notice before the 61st day
before the date the person begins construction or operation of the homeless
shelter, whichever date is earlier. 

Sec. 244.025.  MUNICIPAL CONSENT.  Provides that municipal consent to the
construction or operation of a shelter for homeless individuals  is
considered granted unless, before the 61st day after the date the notice is
received by the governing body of the municipality, the governing body
determines, by resolution after a public hearing, that the construction of
the shelter at the proposed location is not in the best interest of the
municipality.  Authorizes the governing body to rescind the resolution. 

Sec. 244.026.  DISTANCE MEASUREMENT.  Provides that distance is measured
along the shortest straight line between the nearest property line of the
shelter to the nearest property line of another shelter or a primary or
secondary school for purposes of this subchapter. 

SECTION 4.  Amends Section 244.001, Local Government Code, to set forth
that the definitions apply in this subchapter, rather than this chapter.  

SECTION 5.  Amends Section 244.002(c), Local Government Code, to make a
conforming change. 

SECTION 6.  Amends Sections 244.006-244.008, Local Government Code, to make
conforming changes. 

SECTION 7.  Makes application of this Act prospective.

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.