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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 364.002(a), Local Government Code, is |
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amended to read as follows: |
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(a) A local entity may not adopt or enforce a policy under |
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which the entity prohibits or discourages the enforcement of any |
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public camping ban, including prohibiting or discouraging the |
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investigation or enforcement of a violation of a public camping |
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ban. |
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SECTION 2. Chapter 364, Local Government Code, is amended |
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by adding Sections 364.0021, 364.0022, 364.0023, and 364.0024 to |
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read as follows: |
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Sec. 364.0021. USE OF PROPERTY FOR CAMPING PURPOSE. A local |
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entity may not permit camping by homeless individuals on a property |
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designated for that purpose until the Texas Department of Housing |
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and Community Affairs has approved a plan for the property under |
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Section 2306.1122, Government Code. |
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Sec. 364.0022. COMPLAINTS AND REPORTING. (a) A local |
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entity shall develop and implement a process that allows a person to |
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file a complaint with the local entity regarding a violation of a |
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public camping ban. |
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(b) Each year, a local entity shall report to the attorney |
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general, in the form and manner prescribed by the attorney general, |
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the following information: |
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(1) the number of complaints received as part of the |
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local entity's complaint process implemented under Subsection (a); |
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(2) the disposition of each complaint, including |
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court-ordered diversion programs; |
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(3) the number of arrests made or citations in lieu of |
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arrest issued for a violation of a public camping ban; and |
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(4) any other information related to public camping |
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bans as required by the attorney general. |
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Sec. 364.0023. ENFORCEMENT REQUIRED BY LOCAL ENTITY; |
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DECLARATION AS "VIOLATING LOCAL ENTITY." (a) For each complaint |
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received by a local entity under Section 364.0022(a), the local |
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entity shall take an action to resolve the complaint not later than |
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the 90th day after the date the complaint is received. |
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(b) If the local entity does not take the required action |
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before the end of the period prescribed by Subsection (a), the |
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attorney general shall issue a written declaration that the local |
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entity is a "violating local entity" for the state fiscal year in |
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which the end of the period prescribed by Subsection (a) occurs. |
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The attorney general shall send a copy of the written declaration to |
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the local entity and the comptroller. |
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Sec. 364.0024. ENFORCEMENT BY DEPARTMENT OF PUBLIC SAFETY |
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AND ATTORNEY GENERAL; RECOVERY OF COSTS. (a) The attorney general |
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or the Department of Public Safety may enforce Section 48.05, Penal |
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Code. |
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(b) For each enforcement action described by Subsection (a) |
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that occurs within the boundaries of a local entity that is a |
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"violating local entity," the attorney general or Department of |
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Public Safety may recover any costs associated with the enforcement |
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action from the local entity in accordance with Section 321.5026 or |
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323.5026, Tax Code, as applicable. |
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SECTION 3. Section 48.05, Penal Code, is amended by |
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amending Subsection (i) and adding Subsection (i-1) to read as |
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follows: |
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(i) Subject to Subsection (i-1), if [If] the person is |
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arrested or detained solely for an offense under this section, a |
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peace officer enforcing this section shall ensure that all of the |
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person's personal property not designated as contraband under other |
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law is preserved by: |
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(1) permitting the person to remove all the property |
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from the public place at the time of the person's departure; or |
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(2) taking custody of the person's nonhazardous |
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personal property and allowing the person to retrieve the property |
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after the person is released from custody. |
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(i-1) Subsection (i) does not apply to personal property |
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that is a permanent or semipermanent structure unless the structure |
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is a camping tent. |
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SECTION 4. Subchapter F, Chapter 321, Tax Code, is amended |
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by adding Section 321.5026 to read as follows: |
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Sec. 321.5026. DISTRIBUTION OF TRUST FUNDS TO MUNICIPALITY |
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THAT FAILS TO ACT ON PUBLIC CAMPING BAN COMPLAINT. (a) In this |
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section, "violating local entity" means a municipality declared by |
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the attorney general to be a violating local entity for a state |
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fiscal year under Section 364.0023, Local Government Code. |
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(b) Notwithstanding Section 321.502, the comptroller may |
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not, after the date the comptroller receives notice that a |
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municipality is a violating local entity for a state fiscal year, |
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send to the municipality its share of the taxes collected by the |
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comptroller under this chapter during the state fiscal year until |
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the comptroller makes any deduction required by Subsection (c). |
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(c) Before sending a violating local entity its share of the |
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taxes collected by the comptroller under this chapter during a |
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state fiscal year, the comptroller shall deduct the amount reported |
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to the comptroller for the violating local entity under Subsection |
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(d) and credit that deducted amount to the general revenue fund. |
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Money credited to the general revenue fund under this subsection |
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may be appropriated only to the attorney general or the Department |
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of Public Safety, as applicable. |
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(d) Not later than August 1 of each state fiscal year, the |
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attorney general and the Department of Public Safety shall report |
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to the comptroller the amount of money the attorney general or |
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department spent in that state fiscal year taking enforcement |
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actions described by Section 364.0024, Local Government Code, in |
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each violating local entity. The attorney general and the |
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department shall make a reasonable estimate of the amount spent |
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after the date the report is made until the end of the state fiscal |
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year based on amounts spent before the date the report is made. |
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SECTION 5. Subchapter F, Chapter 323, Tax Code, is amended |
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by adding Section 323.5026 to read as follows: |
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Sec. 323.5026. DISTRIBUTION OF TRUST FUNDS TO COUNTY THAT |
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FAILS TO ACT ON PUBLIC CAMPING BAN COMPLAINT. (a) In this section, |
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"violating local entity" means a county declared by the attorney |
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general to be a violating local entity for a state fiscal year under |
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Section 364.0023, Local Government Code. |
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(b) Notwithstanding Section 323.502, the comptroller may |
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not, after the date the comptroller receives notice that a county is |
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a violating local entity for a state fiscal year, send to the county |
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its share of the taxes collected by the comptroller under this |
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chapter during the state fiscal year until the comptroller makes |
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any deduction required by Subsection (c). |
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(c) Before sending a violating local entity its share of the |
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taxes collected by the comptroller under this chapter during a |
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state fiscal year, the comptroller shall deduct the amount reported |
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to the comptroller for the violating local entity under Subsection |
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(d) and credit that deducted amount to the general revenue fund. |
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Money credited to the general revenue fund under this subsection |
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may be appropriated only to the attorney general or the Department |
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of Public Safety, as applicable. |
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(d) Not later than August 1 of each state fiscal year, the |
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attorney general and the Department of Public Safety shall report |
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to the comptroller the amount of money the attorney general or |
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department spent in that state fiscal year taking enforcement |
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actions described by Section 364.0024, Local Government Code, in |
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each violating local entity. The attorney general and the |
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department shall make a reasonable estimate of the amount spent |
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after the date the report is made until the end of the state fiscal |
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year based on amounts spent before the date the report is made. |
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SECTION 6. Section 48.05, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 7. Sections 321.5026 and 323.5026, Tax Code, as |
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added by this Act, apply only to a distribution of sales and use tax |
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revenue to a municipality or county in a state fiscal year that |
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begins on or after the effective date of this Act. |
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SECTION 8. Not later than December 1, 2023, each local |
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entity, as defined by Section 364.001, Local Government Code, shall |
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develop and implement the complaint process required by Section |
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364.0022, Local Government Code, as added by this Act. |
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SECTION 9. Not later than January 1, 2024, the attorney |
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general by rule shall prescribe the form and manner for reporting as |
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required by Section 364.0022, Local Government Code. |
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SECTION 10. This Act takes effect September 1, 2023. |