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.