For purpose of this section the following words and phrases are defined
as follows:
Bedroom
means an enclosed space in a structure that is designed such
that it could be used for sleeping purposes and meets the room dimension
requirements of the most recent edition of the Uniform Building Code,
is not accessed directly from the garage, and has one or more windows.
Block
means a tract of land bounded by streets, public parks, railroad
rights-of-way, shorelines of waterways or corporate limits.
Boarding or roominghouse
means an establishment, other than eleemosynary or other
nonprofit institution, primarily engaged in renting rooms, with or
without board, on a fee basis, to four or more persons not related
by blood, marriage, or adoption.
Disability, alcohol or drug dependence
means a person is considered disabled due to alcohol or drug
dependence if they meet the definition of disability, generally and
the person is unable to maintain abstinence and recovery in an available
independent living situation. A person with an alcohol or drug dependence
disability is eligible to reside in a parolee-probationer home or
residential care facility if:
a.
The person has been diagnosed as suffering from alcohol or drug
dependence;
b.
The person has completed a course of alcoholism or drug dependency
treatment in an inpatient or outpatient setting;
c.
The person has been determined to be unable to abstain from
alcohol or drugs without continued care in a structured setting; and
d.
Is in need of alcoholism or drug dependency services on an outpatient
basis in addition to the structured group residential setting of a
parolee-probationer home or residential care facility.
Disability generally
means as more specifically defined under the fair housing
laws, a person who has a physical or mental impairment that substantially
limits one or more major life activities, a person who is regarded
as having that type of impairment, or a person who has a record of
that type of impairment, not including current, illegal use of a controlled
substance.
Fair housing laws
means the Federal Fair Housing Act, the Americans with Disabilities
Act, and the Texas Fair Housing Act, as each Act may be amended from
time to time, and each Act’s implementing regulations.
Group residential
means shared living quarters, occupied by two or more persons
not living together as a single housekeeping unit. This classification
includes, without limitation, boarding or rooming houses, dormitories,
fraternities, sororities, and private residential clubs, but excludes
residential care facilities (general, small licensed, and small unlicensed)
and residential hotels.
Integral facilities
means any combination of two or more residential care facilities
that may or may not be located on the same or contiguous parcels of
land, that are under the control and management of the same owner,
operator, management company or licensee or any affiliate of any of
them, and are integrated components of one operation shall be referred
to as integral facilities and shall be considered one facility for
purposes of applying federal, state and local laws to its operation.
Examples of such integral facilities include, but are not limited
to, the provision of housing in one facility and recovery programming,
treatment, meals, or any other service or services to program participants
in another facility or facilities or by assigning staff or a consultant
or consultants to provide services to the same program participants
in more than one licensed or unlicensed facility.
Integral uses
means any two or more licensed or unlicensed residential
care programs commonly administered by the same owner, operator, management
company or licensee, or any affiliate of any of them, in a manner
in which participants in two or more care programs participate simultaneously
in any care or recovery activities so commonly administered. Any such
integral use shall be considered one use for purposes of applying
federal, state and local laws to its operation.
Parolee-probationer
includes:
a.
Any individual who has been convicted of prohibited criminal
conduct, and received conditional and revocable release in the community
under the supervision of a federal parole officer;
b.
Any individual who has been convicted of prohibited criminal conduct, and who is serving a period of parole or community supervision, as defined in Chapter
42 of the Texas Code of Criminal Procedure;
c.
An adult or juvenile who has been found to have engaged in delinquent
conduct or conduct indicating a need for supervision where said conduct
would be considered prohibited criminal conduct, had the adult or
juvenile been tried as an adult, and who is serving a period of parole
or other applicable community supervision; and
d.
Any individual who has been convicted of prohibited criminal
conduct and is under the jurisdiction of any federal, state, or county
parole or probation officer.
Parolee-probationer home
means any residential structure or unit, whether owned and/or
operated by an individual or a for-profit, nonprofit, governmental
or nongovernmental organization, regardless of whether it is regulated
by Chapter 464 of the Texas Health and Safety Code, which houses two
or more parolees and/or probationers unrelated by blood, marriage,
or legal adoption, in exchange for monetary or nonmonetary consideration
given and/or paid by the parolee-probationer and/or any public or
private entity or person on behalf of a parolee-probationer.
Prohibited criminal conduct
means prohibited criminal conduct includes those crimes defined
as “violent crimes” or “property crimes” by
the Federal Bureau of Investigation’s Uniform Crime Report,
2006, and those crimes defined as “drug-defined offenses”
or “drug-related offenses” by the Bureau of Justice Statistics
Drug and Crime Data Fact Sheet, 1994, for which punishment would be
classified as a felony as set forth in section 12.04 of the Texas
Penal Code, or for which punishment would be classified as class A
misdemeanor as set forth in section 12.03 of the Texas Penal Code.
Residential care facility
means any place, site or building, or group of places, sites
or buildings, regardless of whether it is regulated by Chapter 464
of the Texas Health and Safety Code, in which five or more individuals
with a disability reside who are not living together as a single housekeeping
unit and in which every person residing in the facility (excluding
facility staff) is an individual with a disability. A parolee-probationer
may not reside in a residential care facility.
Single housekeeping unit
means the functional equivalent of a traditional family,
whose members are an interactive group of persons jointly occupying
a single dwelling unit, including the joint use of and responsibility
for common areas, and sharing household activities and responsibilities
such as meals, chores, household maintenance, and expenses, and where,
if the unit is rented, all adult residents have chosen to jointly
occupy the entire premises of the dwelling unit, under a single written
lease with joint use and responsibility for the premises, and the
makeup of the household occupying the unit is determined by the residents
of the unit rather than the landlord or property manager.
Transient dwelling
means a single-family attached, single-family cluster, single-family
detached, single-family manufactured, single-family townhouse or zero
lot line dwelling, as those terms are defined herein, which is used
as a transient dwelling. A dwelling shall be considered a transient
dwelling:
a.
If the dwelling is not a single housekeeping unit, and is operated
or used in such a way that it has a turnover in occupancy of more
than six times in any continuous 12-month period, it shall create
a rebuttable presumption that such dwelling is a transient dwelling.