CHAPTER 244. LOCATION OF CERTAIN FACILITIES AND SHELTERS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE

OF LOCAL GOVERNMENT

CHAPTER 244. LOCATION OF CERTAIN FACILITIES AND SHELTERS

SUBCHAPTER A. CORRECTIONAL OR REHABILITATION FACILITY

Sec. 244.001. DEFINITIONS. In this subchapter:

(1) "Correctional or rehabilitation facility" means a probation

or parole office or a residential facility that:

(A) is operated by an agency of the state, a political

subdivision of the state, or a private vendor operating under a

contract with an agency of the state or a political subdivision

of the state; and

(B) houses persons convicted of misdemeanors or felonies or

children found to have engaged in delinquent conduct, regardless

of whether the persons are housed in the residential facility:

(i) while serving a sentence of confinement following conviction

of an offense;

(ii) as a condition of probation, parole, or mandatory

supervision; or

(iii) under a court order for out-of-home placement under Title

3, Family Code, other than in a foster home operated under a

contract with the juvenile board of the county in which the

foster home is located or under a contract with the Texas Youth

Commission.

(2) "Residential area" means:

(A) an area designated as a residential zoning district by a

governing ordinance or code or an area in which the principal

permitted land use is for private residences;

(B) a subdivision for which a plat is recorded in the real

property records of the county and that contains or is bounded by

public streets or parts of public streets that are abutted by

residential property occupying at least 75 percent of the front

footage along the block face; or

(C) a subdivision for which a plat is recorded in the real

property records of the county and a majority of the lots of

which are subject to deed restrictions limiting the lots to

residential use.

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 1253, Sec. 4, eff.

Sept. 1, 1999.

Sec. 244.002. NOTICE OF PROPOSED LOCATION. (a) An agency of

the state, a political subdivision of the state, or a private

vendor operating under a contract with an agency or political

subdivision of the state that proposes to construct or operate a

correctional or rehabilitation facility within 1,000 feet of a

residential area, a primary or secondary school, property

designated as a public park or public recreation area by the

state or a political subdivision of the state, or a church,

synagogue, or other place of worship shall:

(1) provide written notice to:

(A) the commissioners court of any county with an unincorporated

area that includes all or part of the land within 1,000 feet of

the proposed correctional or rehabilitation facility; and

(B) the governing body of any municipality that includes within

its boundaries all or part of the land within 1,000 feet of the

proposed correctional or rehabilitation facility; and

(2) post the notice required by Subsection (d).

(b) An entity required to give notice under Subsection (a) shall

give notice not later than the 60th day before the date the

entity begins construction or operation of the correctional or

rehabilitation facility, whichever date is earlier. The entity

shall include in the notice:

(1) a statement of the entity's intent to construct or operate a

correctional or rehabilitation facility in an area described by

Subsection (a);

(2) a description of the proposed location of the facility; and

(3) a statement that this subchapter governs the procedure for

notice of and consent to the facility.

(c) For purposes of this subchapter, distance is measured along

the shortest straight line between the nearest property line of

the correctional or rehabilitation facility and the nearest

property line of the residential area, school, park, recreation

area, or place of worship, as appropriate.

(d) An entity described by Subsection (a) shall prominently post

an outdoor sign at the proposed location of the correctional or

rehabilitation facility stating that a correctional or

rehabilitation facility is intended to be located on the premises

and providing the name and business address of the entity. The

sign must be at least 24 by 36 inches in size and must be written

in lettering at least two inches in size. The municipality or

county in which the correctional or rehabilitation facility is to

be located may require the sign to be both in English and 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.

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 1109, Sec. 4, eff.

Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1253, Sec. 5, eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 119, Sec. 1, eff. Sept. 1,

2003.

Sec. 244.003. PROXIMITY OF CORRECTIONAL OR REHABILITATION

FACILITY. (a) Unless local consent is denied under Section

244.004, an agency of the state, a political subdivision of the

state, or a private vendor operating under a contract with an

agency or political subdivision of the state may operate a

correctional or rehabilitation facility within 1,000 feet of a

residential area, a primary or secondary school, property

designated as a public park or public recreation area by the

state or a political subdivision of the state, or a church,

synagogue, or other place of worship.

(b) The governing body of a church, synagogue, or other place of

worship may waive the distance requirements of Section 244.002

between a correctional or rehabilitation facility and the place

of worship by filing an acknowledged written statement of the

waiver in the deed records of the county in which the facility is

located.

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1,

1997.

Sec. 244.004. LOCAL CONSENT. (a) Local consent to the

operation of a correctional or rehabilitation facility at a

location within 1,000 feet of a residential area, a primary or

secondary school, property designated as a park or public

recreation area by the state or a political subdivision of the

state, or a church, synagogue, or other place of worship is

granted unless, not later than the 60th day after the date on

which notice is received by a commissioners court or governing

body of a municipality under Section 244.002(a), the

commissioners court or governing body, as appropriate, determines

by resolution after a public hearing that the operation of a

correctional or rehabilitation facility at the proposed location

is not in the best interest of the county or municipality, as

appropriate.

(b) The public hearing requirement established under Subsection

(a) may be met by a public meeting held under Section 508.119 or

509.010, Government Code, if:

(1) the Texas Department of Criminal Justice receives written

approval from the commissioners court of a county or governing

body of a municipality allowing the public meeting to satisfy the

public hearing requirement of this section; and

(2) during the public meeting, a determination is made as to

whether operating the facility in the proposed location would be

in the best interest of the county or municipality.

(c) If the public hearing requirement established under

Subsection (a) is met in the manner described by Subsection (b),

the commissioners court of a county or governing body of a

municipality may adopt a resolution under Subsection (a) without

holding a public hearing under that subsection. The commissioners

court or governing body, as appropriate, retains the discretion

to hold a separate public hearing under Subsection (a) as the

commissioners court or governing body considers necessary or

appropriate.

(d) A commissioners court or governing body of a municipality

may rescind a resolution adopted under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 119, Sec. 2, eff.

Sept. 1, 2003.

Sec. 244.006. EXEMPTIONS. This subchapter does not apply to the

operation of a correctional or rehabilitation facility at a

location subject to this subchapter if:

(1) on September 1, 1997, the correctional or rehabilitation

facility was in operation, under construction, under contract for

operation or construction, or planned for construction at the

location on land owned or leased by an agency or political

subdivision of the state and designated for use as a correctional

or rehabilitation facility;

(2) the correctional or rehabilitation facility was in operation

or under construction before the establishment of a residential

area the location of which makes the facility subject to this

subchapter;

(3) the correctional or rehabilitation facility is a temporary

correctional or rehabilitation facility that will be operated at

the location for less than one year;

(4) the correctional or rehabilitation facility is required to

obtain a special use permit or a conditional use permit from the

municipality in which the facility is located before beginning

operation;

(5) the correctional or rehabilitation facility is an expansion

of a facility operated by the correctional institutions division

of the Texas Department of Criminal Justice for the imprisonment

of individuals convicted of felonies other than state jail

felonies or by the Texas Youth Commission;

(6) the correctional or rehabilitation facility is a county jail

or a pre-adjudication or post-adjudication juvenile detention

facility operated by a county or county juvenile board;

(7) the facility is:

(A) a juvenile probation office located at, and operated in

conjunction with, a juvenile justice alternative education

center; and

(B) used exclusively by students attending the juvenile justice

alternative education center;

(8) the facility is a public or private institution of higher

education or vocational training to which admission is open to

the general public;

(9) the facility is operated primarily as a treatment facility

for juveniles under contract with the Department of Aging and

Disability Services or the Department of State Health Services or

a local mental health or mental retardation authority;

(10) the facility is operated as a juvenile justice alternative

education program;

(11) the facility:

(A) is not operated primarily as a correctional or

rehabilitation facility; and

(B) only houses persons or children described by Section

244.001(1)(B) for a purpose related to treatment or education; or

(12) the facility is a probation or parole office located in a

commercial use area.

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 1253, Sec. 6, eff.

Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.129, eff. September 1, 2009.

Sec. 244.007. CONFLICT WITH OTHER LAW. To the extent of any

conflict between this subchapter and Sections 508.119 and

509.010, Government Code, this subchapter prevails.

Added by Acts 1997, 75th Leg., ch. 1086, Sec. 46, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 1253, Sec. 6, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 119, Sec. 3, eff. Sept.

1, 2003.

SUBCHAPTER B. SHELTER FOR HOMELESS INDIVIDUALS

Sec. 244.021. DEFINITION. In this subchapter, "shelter for

homeless individuals" means a supervised private facility that

provides temporary living accommodations for homeless

individuals.

Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1,

1999.

Sec. 244.022. APPLICATION OF SUBCHAPTER. This subchapter

applies only to construction or operation of a shelter for

homeless individuals that is located or proposed to be located

within the boundaries of a municipality with a population of 1.6

million or more.

Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1,

1999.

Sec. 244.023. RESTRICTION. Unless municipal consent is granted

under Section 244.025, a person may not construct or operate a

shelter for homeless individuals within 1,000 feet of another

shelter for homeless individuals or a primary or secondary

school.

Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1,

1999.

Sec. 244.024. NOTICE. (a) A person who intends to construct or

operate a shelter for homeless individuals subject to Section

244.023 shall:

(1) post notice of the proposed location of the shelter at that

location; and

(2) 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.

(b) The person shall post and provide the notice required by

Subsection (a) before the 61st day before the date the person

begins construction or operation of the shelter for homeless

individuals, whichever date is earlier.

Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1,

1999.

Sec. 244.025. MUNICIPAL CONSENT. (a) Municipal consent to the

construction or operation of a shelter for homeless individuals

subject to Section 244.023 is considered granted unless, before

the 61st day after the date notice is received by the governing

body of the municipality under Section 244.024(a)(2), the

governing body determines by resolution after a public hearing

that the construction or operation of a shelter at the proposed

location is not in the best interest of the municipality.

(b) The governing body of the municipality may rescind a

resolution adopted under Subsection (a).

Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1,

1999.

Sec. 244.026. DISTANCE MEASUREMENT. For purposes of this

subchapter, distance is measured along the shortest straight line

between the nearest property line of the shelter for homeless

individuals and the nearest property line of another shelter for

homeless individuals or a primary or secondary school, as

appropriate.

Added by Acts 1999, 76th Leg., ch. 1253, Sec. 3, eff. Sept. 1,

1999.