| (a) Purpose. This rule provides for notification to
the public and certain elected officials of the opening or relocation
of certain residential facilities and parole offices operated by the
Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule does not apply to:
(1) facilities that were in operation, under construction,
under contract for operation or construction, or planned for operation
on land owned or leased for that purpose on September 1, 1997;
(2) facilities that were in operation prior to the
establishment of a residential area as described in subsection (e)(1)
of this section;
(3) temporary facilities that will operate less than
one year at the location;
(4) expansion of existing facilities;
(5) facilities that will not operate primarily for
use as a correctional or rehabilitation facility, but will house TJJD
youth only for a treatment or educational purpose;
(6) facilities that require, before operation, special
or conditional use permits from the municipality in which the facility
will operate; and
(7) parole offices located in commercial use areas;
and
(8) any other facility described in §244.006 of
the Texas Local Government Code.
(c) Notice. Except as provided in subsection (e) of
this section, TJJD will provide notice as soon as practical before
beginning operation or construction of a TJJD residential facility
or parole office. The notice must:
(1) include the proposed address and a general description
of the facility or office;
(2) be published in a newspaper of general circulation
in the county in which the proposed facility or office is to be located
and include where public comment on the proposal may be sent for review;
and
(3) be mailed to each city council member, county commissioner,
state representative, and state senator who represents the area in
which the proposed facility or office is to be located.
(d) Public Meeting. Upon request by one of the elected
officials identified in subsection (c)(3) of this section, TJJD will
hold a public meeting to inform the public about the proposed residential
facility or parole office and to receive public comment.
(e) Sixty-Day Notice for Sites 1,000 Feet from Designated
Places and When Written Notice is Received by a Local Governmental
Entity.
(1) Pursuant to §244.002 of the Local Government
Code, 60 days before beginning construction or operation, whichever
occurs first, of a TJJD residential facility or parole office within
1,000 feet of a residential area, primary or secondary school, park
or public recreation area, or place of worship, TJJD will mail notice
of the proposed location to the commissioners court and governing
body of the municipality. The notice must:
(A) state TJJD's intent to construct or operate a correctional
or rehabilitation facility within the area described in subsection
(e)(1) of this section;
(B) describe the proposed location of the facility;
and
(C) state that Chapter 244, Subchapter A, of the Texas
Local Government Code governs the procedures for the notice of and
consent to the operation of the facility.
(2) TJJD must prominently post an outdoor sign at the
proposed location of the 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 sign may be in both English and a language
other than English if required by the municipality or county.
(f) Denial of Consent to Operate. A residential facility
or parole office operated by TJJD that is subject to the 60-day notice
requirement of subsection (e) of this section may not be operated
at the proposed location if not later than the 60th day after the
date on which notice is received by a commissioners court or governing
body as provided for in subsection (e) of this section, the commissioners
court or governing body determines by resolution after a public hearing
that the operation of the TJJD residential facility or parole office
at the proposed location is not in the best interest of the county
or municipality.
|
| Source Note: The provisions of this §385.8161 adopted to be effective October 1, 1997, 22 TexReg 9478; amended to be effective December 16, 1999, 24 TexReg 10893; amended to be effective December 14, 2003, 28 TexReg 11098; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |
