2023 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 › Section 244.002. Notice of Proposed Location

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.