87R3773 JCG-F
By: Capriglione, Harless, Lucio III, Geren, H.B. No. 1925
King of Parker, et al.
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on camping in a public place; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Penal Code, is amended by adding
Section 48.05 to read as follows:
Sec. 48.05. PROHIBITED CAMPING. (a) In this section:
(1) "Camp" means to reside temporarily in a place,
with shelter.
(2) "Shelter" includes a tent, tarpaulin, lean-to,
sleeping bag, bedroll, blankets, or any form of shelter, other than
clothing, designed to protect a person from weather conditions that
threaten personal health and safety.
(b) A person commits an offense if the person intentionally
or knowingly camps in a public place without the consent of the
officer or agency having the legal duty or authority to manage the
public place.
(c) The actor's intent or knowledge may be established
through evidence of activities associated with sustaining a living
accommodation that are conducted in a public place, including:
(1) cooking;
(2) making a fire;
(3) storing personal belongings for an extended
period;
(4) digging; or
(5) sleeping.
(d) Consent given by an officer or agency of a political
subdivision is not effective for purposes of Subsection (b).
(e) For purposes of Subsection (b), a designation made by a
state officer or agency that an area owned and controlled by a
political subdivision may be used for camping constitutes consent
to camping on that property. A state officer or agency may
designate an area as described by this subsection only if that
designation is proposed to the officer or agency by the applicable
political subdivision.
(f) An offense under this section is a Class C misdemeanor.
(g) This section does not preempt an ordinance, order, rule,
or other regulation adopted by a state agency or political
subdivision relating to prohibiting camping in a public place or
affect the authority of a state agency or political subdivision to
adopt or enforce an ordinance, order, rule, or other regulation
relating to prohibiting camping in a public place if the ordinance,
order, rule, or other regulation:
(1) is compatible with and equal to or more stringent
than the offense prescribed by this section; or
(2) relates to an issue not specifically addressed by
this section.
SECTION 2. Subtitle C, Title 11, Local Government Code, is
amended by adding Chapter 364 to read as follows:
CHAPTER 364. ENFORCEMENT OF PUBLIC CAMPING BANS
Sec. 364.001. DEFINITIONS. In this chapter:
(1) "Local entity" means:
(A) the governing body of a municipality or
county;
(B) an officer or employee of or a division,
department, or other body that is part of a municipality or county,
including a sheriff, municipal police department, municipal
attorney, or county attorney; and
(C) a district attorney or criminal district
attorney.
(2) "Policy" includes a formal, written rule,
ordinance, order, or policy and an informal, unwritten policy.
(3) "Public camping ban" means a law, rule, ordinance,
order, or other regulation that prohibits camping in a public
place, including Section 48.05, Penal Code.
Sec. 364.002. POLICY ON CAMPING BANS. (a) A local entity
may not adopt or enforce a policy under which the entity prohibits
or discourages the enforcement of any public camping ban.
(b) In compliance with Subsection (a), a local entity may
not prohibit or discourage a peace officer or prosecuting attorney
who is employed by or otherwise under the direction or control of
the entity from enforcing a public camping ban.
Sec. 364.003. INJUNCTIVE RELIEF. (a) The attorney general
may bring an action in a district court in Travis County or in a
county in which the principal office of the entity is located to
enjoin a violation of Section 364.002.
(b) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
Sec. 364.004. DENIAL OF STATE GRANT FUNDS. (a) A local
entity may not receive state grant funds, and state grant funds for
the local entity shall be denied, for the state fiscal year
following the year in which a final judicial determination in an
action brought under Section 364.003 is made that the entity has
intentionally violated Section 364.002.
(b) The comptroller shall adopt rules to implement this
section uniformly among the state agencies from which state grant
funds are distributed to a municipality or county.
(c) A local entity that has not violated Section 364.002 may
not be denied state grant funds, regardless of whether the entity is
a part of another entity that is in violation of that section.
SECTION 3. This Act takes effect September 1, 2021.