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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on camping in a public place; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Penal Code, is amended by adding |
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Section 48.05 to read as follows: |
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Sec. 48.05. PROHIBITED CAMPING. (a) In this section: |
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(1) "Camp" means to reside temporarily in a place, |
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with shelter. |
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(2) "Shelter" includes a tent, tarpaulin, lean-to, |
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sleeping bag, bedroll, blankets, or any form of shelter, other than |
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clothing, designed to protect a person from weather conditions that |
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threaten personal health and safety. |
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(b) A person commits an offense if the person intentionally |
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or knowingly camps in a public place without the consent of the |
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officer or agency having the legal duty or authority to manage the |
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public place. |
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(c) The actor's intent or knowledge may be established |
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through evidence of activities associated with sustaining a living |
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accommodation that are conducted in a public place, including: |
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(1) cooking; |
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(2) making a fire; |
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(3) storing personal belongings for an extended |
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period; |
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(4) digging; or |
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(5) sleeping. |
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(d) Consent given by an officer or agency of a political |
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subdivision is not effective for purposes of Subsection (b). |
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(e) For purposes of Subsection (b), a designation made by a |
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state officer or agency that an area owned and controlled by a |
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political subdivision may be used for camping constitutes consent |
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to camping on that property. A state officer or agency may |
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designate an area as described by this subsection only if that |
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designation is proposed to the officer or agency by the applicable |
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political subdivision. |
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(f) An offense under this section is a Class C misdemeanor. |
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(g) This section does not preempt an ordinance, order, rule, |
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or other regulation adopted by a state agency or political |
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subdivision relating to prohibiting camping in a public place or |
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affect the authority of a state agency or political subdivision to |
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adopt or enforce an ordinance, order, rule, or other regulation |
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relating to prohibiting camping in a public place if the ordinance, |
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order, rule, or other regulation: |
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(1) is compatible with and equal to or more stringent |
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than the offense prescribed by this section; or |
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(2) relates to an issue not specifically addressed by |
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this section. |
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SECTION 2. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 364 to read as follows: |
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CHAPTER 364. ENFORCEMENT OF PUBLIC CAMPING BANS |
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Sec. 364.001. DEFINITIONS. In this chapter: |
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(1) "Local entity" means: |
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(A) the governing body of a municipality or |
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county; |
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(B) an officer or employee of or a division, |
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department, or other body that is part of a municipality or county, |
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including a sheriff, municipal police department, municipal |
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attorney, or county attorney; and |
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(C) a district attorney or criminal district |
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attorney. |
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(2) "Policy" includes a formal, written rule, |
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ordinance, order, or policy and an informal, unwritten policy. |
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(3) "Public camping ban" means a law, rule, ordinance, |
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order, or other regulation that prohibits camping in a public |
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place, including Section 48.05, Penal Code. |
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Sec. 364.002. POLICY ON CAMPING BANS. (a) A local entity |
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may not adopt or enforce a policy under which the entity prohibits |
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or discourages the enforcement of any public camping ban. |
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(b) In compliance with Subsection (a), a local entity may |
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not prohibit or discourage a peace officer or prosecuting attorney |
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who is employed by or otherwise under the direction or control of |
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the entity from enforcing a public camping ban. |
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Sec. 364.003. INJUNCTIVE RELIEF. (a) The attorney general |
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may bring an action in a district court in Travis County or in a |
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county in which the principal office of the entity is located to |
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enjoin a violation of Section 364.002. |
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(b) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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Sec. 364.004. DENIAL OF STATE GRANT FUNDS. (a) A local |
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entity may not receive state grant funds, and state grant funds for |
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the local entity shall be denied, for the state fiscal year |
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following the year in which a final judicial determination in an |
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action brought under Section 364.003 is made that the entity has |
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intentionally violated Section 364.002. |
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(b) The comptroller shall adopt rules to implement this |
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section uniformly among the state agencies from which state grant |
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funds are distributed to a municipality or county. |
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(c) A local entity that has not violated Section 364.002 may |
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not be denied state grant funds, regardless of whether the entity is |
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a part of another entity that is in violation of that section. |
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SECTION 3. This Act takes effect September 1, 2021. |