HB3858 - Relating to the required approval of the proposed location of county or municipal temporary housing or emergency shelter for disaster victims.

  89R23309 LRM-D     By: LaHood H.B. No. 3858     Substitute the following for H.B. No. 3858:     By:  Hefner C.S.H.B. No. 3858       A BILL TO BE ENTITLED   AN ACT   relating to the required approval of the proposed location of   county or municipal temporary housing or emergency shelter for   disaster victims.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 418, Government Code, is   amended by adding Section 418.0201 to read as follows:           Sec.   418.0201.     REQUIRED APPROVAL OF TEMPORARY HOUSING OR   EMERGENCY SHELTER. (a) The governor, with assistance from the   department, shall establish an approval process for a county or   municipality to construct or operate temporary housing or an   emergency shelter for disaster victims.           (b)     A county or municipality may apply for approval to   construct or operate temporary housing or an emergency shelter for   disaster victims at a proposed location by submitting:                 (1)     to the governor, in the form and manner required by   the governor, an application with details of the proposed location   for the temporary housing or emergency shelter; and                 (2)     to the department, in the form and manner required   by the department in consultation with the governor, a request for   the department to perform a public safety assessment of the   proposed location.           (c)     On receipt of a county's or municipality's public safety   assessment request, the department shall conduct the public safety   assessment, including an assessment of the crime rate, for the   proposed location of the temporary housing or emergency shelter and   shall submit a copy of the completed assessment to the governor.           (d)     The governor shall review each application a county or   municipality submits under this section, the related public safety   assessment submitted under Subsection (c), and any other   information the governor considers relevant to determine whether   the location proposed by the county or municipality for temporary   housing or an emergency shelter for disaster victims is a safe   location for the disaster victims.           (e)     The governor shall approve the construction or   operation of the temporary housing or emergency shelter at the   proposed location if the governor determines that the location is   sufficiently safe for the disaster victims.           (f)     If the governor determines that the proposed location is   unsafe for the disaster victims, the governor shall:                 (1)  deny the application; and                 (2)     explain the reason the proposed location is unsafe   for the disaster victims.           (g)     During a disaster, a county or municipality may   construct or operate temporary housing or an emergency shelter   without prior approval under this section, provided the county or   municipality applies for approval under this section not later than   the 30th day after the first day of operation of the temporary   housing or emergency shelter.           (h)     The governor shall adopt rules necessary to implement   this section.          SECTION 2.  As soon as practicable after the effective date   of this Act, the governor shall adopt the rules necessary to   implement Section 418.0201, Government Code, as added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.