Texas 2023 - 88th Regular

Texas Senate Bill SB2018

Filed
3/9/23  
Out of Senate Committee
4/6/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibitions on camping in a public place.

Impact

SB2018 significantly modifies the Local Government Code to empower the state government in managing local enforcement actions surrounding public camping. Local entities are required to develop a complaint process for violations and are obligated to report their findings to the attorney general. Failure to enact enforcement measures within specified timelines can label local governments as 'violating entities,' which may lead to financial repercussions, including withholding of shared tax revenues. This aspect of the legislation aims to facilitate state intervention in local regulations and aims to ensure compliance with state mandates related to public camping.

Summary

Senate Bill 2018 relates to the enforcement of prohibitions on camping in public places throughout Texas. The bill aims to enhance the existing statewide ban on public camping by imposing stricter mandates on local entities. It stipulates that local governments cannot adopt policies that discourage or prohibit the enforcement of the public camping ban, ensuring that actions against camping in public spaces are properly documented and addressed. This measure comes as a response to the state's ongoing challenges with homelessness and public space management, and follows the previous enactment of House Bill 1925, which initiated the statewide camping prohibition in 2021.

Sentiment

The sentiment surrounding SB2018 appears polarized. Proponents argue that the bill is essential for maintaining public order and addressing the challenges posed by homelessness in urban areas. They believe it reinforces the necessity for local governments to comply with state laws regarding public safety. Conversely, critics argue that the bill further marginalizes homeless individuals by enforcing punitive measures without addressing underlying issues such as housing shortages and mental health care needs. The debate highlights a significant tension between state authority and local governance, with advocates calling for a more nuanced approach to the homelessness crisis.

Contention

Proponents of SB2018 assert it ensures proactive enforcement and accountability on local governments in addressing camping situations, arguing that public safety is at stake. However, opponents express concern that strict enforcement may lead to criminalization of homelessness without adequate solutions to support displaced individuals. The contention extends to the implications of local autonomy, with many feeling that the state's heavy-handed approach undermines local efforts to provide tailored support services. SB2018 thus embodies the broader discussion on how best to balance enforcement with compassion in addressing homelessness.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 364. Enforcement Of Public Camping Bans
    • Section: New Section
    • Section: New Section
    • Section: New Section

Tax Code

  • Chapter 321. Municipal Sales And Use Tax Act
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 323. County Sales And Use Tax Act
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 48. Conduct Affecting Public Health
    • Section: 05
    • Section: New Section

Companion Bills

TX HB4939

Identical Relating to prohibitions on camping in a public place.

Previously Filed As

TX HB4939

Relating to prohibitions on camping in a public place.

TX SB241

Relating to prohibitions on camping in a public place.

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Relating to prohibitions on camping in a public place.

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