Texas 2021 - 87th Regular

Texas House Bill HB1925 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1925
	1	+	By: Capriglione, et al. H.B. No. 1925
	2	+	(Senate Sponsor - Buckingham, Bettencourt, Lucio)
	3	+	(In the Senate - Received from the House May 10, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Local
	5	+	Government; May 17, 2021, reported favorably by the following
	6	+	vote: Yeas 5, Nays 3, one present not voting; May 17, 2021, sent to
	7	+	printer.)
	8	+	Click here to see the committee vote
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to prohibitions on camping in a public place and to a
6	14		political subdivision's designation of property for camping by
7	15		homeless individuals; creating a criminal offense.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Chapter 48, Penal Code, is amended by adding
10	18		Section 48.05 to read as follows:
11	19		Sec. 48.05. PROHIBITED CAMPING. (a) In this section:
12	20		(1) "Camp" means to reside temporarily in a place,
13	21		with shelter.
14	22		(2) "Shelter" includes a tent, tarpaulin, lean-to,
15	23		sleeping bag, bedroll, blankets, or any form of temporary,
16	24		semipermanent, or permanent shelter, other than clothing or any
17	25		handheld device, designed to protect a person from weather
18	26		conditions that threaten personal health and safety.
19	27		(b) A person commits an offense if the person intentionally
20	28		or knowingly camps in a public place without the effective consent
21	29		of the officer or agency having the legal duty or authority to
22	30		manage the public place.
23	31		(c) The actor's intent or knowledge may be established
24	32		through evidence of activities associated with sustaining a living
25	33		accommodation that are conducted in a public place, including:
26	34		(1) cooking;
27	35		(2) making a fire;
28	36		(3) storing personal belongings for an extended
29	37		period;
30	38		(4) digging; or
31	39		(5) sleeping.
32	40		(d) Consent given by an officer or agency of a political
33	41		subdivision is not effective for purposes of Subsection (b), unless
34	42		given to authorize the person to camp for:
35	43		(1) recreational purposes;
36	44		(2) purposes of sheltering homeless individuals, if
37	45		the property on which the camping occurs is subject to a plan
38	46		approved under Subchapter PP, Chapter 2306, Government Code, and
39	47		the camping occurs in a manner that complies with the plan;
40	48		(3) purposes permitted by a beach access plan that has
41	49		been approved under Section 61.015, Natural Resources Code, and the
42	50		camping occurs in a manner that complies with the plan; or
43	51		(4) purposes related to providing emergency shelter
44	52		during a disaster declared under Section 418.014, Government Code,
45	53		or a local disaster declared under Section 418.108 of that code.
46	54		(e) An offense under this section is a Class C misdemeanor.
47	55		(f) This section does not preempt an ordinance, order, rule,
48	56		or other regulation adopted by a state agency or political
49	57		subdivision relating to prohibiting camping in a public place or
50	58		affect the authority of a state agency or political subdivision to
51	59		adopt or enforce an ordinance, order, rule, or other regulation
52	60		relating to prohibiting camping in a public place if the ordinance,
53	61		order, rule, or other regulation:
54	62		(1) is compatible with and equal to or more stringent
55	63		than the offense prescribed by this section; or
56	64		(2) relates to an issue not specifically addressed by
57	65		this section.
58	66		(g) Except as provided by Subsection (h), before or at the
59		-	time a peace officer issues a citation to a person for an ~~offense~~
60		-	under this section, the peace officer must make a ~~reasonable effort~~
61		-	to:
	67	+	time a peace officer arrests or issues a citation to a person for an
	68	+	offense under this section, the peace officer must make a
	69	+	reasonable effort to:
62	70		(1) advise the person of an alternative place at which
63	71		the person may lawfully camp; and
64	72		(2) contact, if reasonable and appropriate, an
65	73		appropriate official of the political subdivision in which the
66	74		public place is located, or an appropriate nonprofit organization
67	75		operating within that political subdivision, and request the
68	76		official or organization to provide the person with:
69	77		(A) information regarding the prevention of
70	78		human trafficking; or
71	79		(B) any other services that would reduce the
72	80		likelihood of the person suspected of committing the offense
73	81		continuing to camp in the public place.
74	82		(h) Subsection (g) does not apply if the peace officer
75	83		determines there is an imminent threat to the health or safety of
76	84		any person to the extent that compliance with that subsection is
77	85		impracticable.
78	86		(i) If the person is arrested or detained solely for an
79	87		offense under this section, a peace officer enforcing this section
80	88		shall ensure that all of the person's personal property not
81	89		designated as contraband under other law is preserved by:
82	90		(1) permitting the person to remove all the property
83	91		from the public place at the time of the person's departure; or
84	92		(2) taking custody of the property and allowing the
85	93		person to retrieve the property after the person is released from
86	94		custody.
87	95		(j) A fee may not be charged for the storage or release of
88	96		property under Subsection (i)(2).
89	97		SECTION 2. Chapter 2306, Government Code, is amended by
90	98		adding Subchapter PP to read as follows:
91	99		SUBCHAPTER PP. PROPERTY DESIGNATED BY POLITICAL SUBDIVISION FOR
92	100		CAMPING BY HOMELESS INDIVIDUALS
93	101		Sec. 2306.1121. DEFINITION. In this subchapter, "camp" has
94	102		the meaning assigned by Section 48.05, Penal Code.
95	103		Sec. 2306.1122. APPROVAL REQUIRED. (a) A political
96	104		subdivision may not designate a property to be used by homeless
97	105		individuals to camp unless the department approves a plan described
98	106		by Section 2306.1123(b).
99	107		(b) Not later than the 30th day after the date the
100	108		department receives a plan submitted by a political subdivision
101	109		under this subchapter, the department shall make a final
102	110		determination regarding approval of the plan.
103	111		Sec. 2306.1123. PLAN REQUIREMENTS. (a) In this section,
104	112		"proposed new campers" means homeless individuals the applicant
105	113		intends to allow to camp at the property.
106		-	(b) A plan ~~submitted for approval under this subchapter~~ must
107		-	~~describe each~~ of the following with respect to a proposed property:
	114	+	(b) A plan required by Section 2306.1122 must describe each
	115	+	of the following with respect to a proposed property:
108	116		(1) the availability of local health care for proposed
109	117		new campers, including access to Medicaid services and mental
110	118		health services;
111	119		(2) the availability of indigent services for proposed
112	120		new campers;
113	121		(3) the availability of reasonably affordable public
114	122		transportation for proposed new campers;
115	123		(4) local law enforcement resources in the area; and
116	124		(5) the steps the applicant has taken to coordinate
117	125		with the local mental health authority to provide for any proposed
118	126		new campers.
119	127		(c) An applicant shall respond to reasonable requests for
120	128		additional information made by the department regarding the
121	129		proposed property or plan.
122		-	Sec. 2306.1124. APPROVAL OF CERTAIN PROPERTY PROHIBITED.
123		-	The department may not approve a plan described by Section
124		-	2306.1123(b) if the department determines that a property proposed
125		-	under the plan is a public park.
126	130		SECTION 3. Subtitle C, Title 11, Local Government Code, is
127	131		amended by adding Chapter 364 to read as follows:
128	132		CHAPTER 364. ENFORCEMENT OF PUBLIC CAMPING BANS
129	133		Sec. 364.001. DEFINITIONS. In this chapter:
130	134		(1) "Local entity" means:
131	135		(A) the governing body of a municipality or
132	136		county;
133	137		(B) an officer or employee of or a division,
134	138		department, or other body that is part of a municipality or county,
135	139		including a sheriff, municipal police department, municipal
136	140		attorney, or county attorney; and
137	141		(C) a district attorney or criminal district
138	142		attorney.
139	143		(2) "Policy" includes a formal, written rule,
140	144		ordinance, order, or policy and an informal, unwritten policy.
141	145		(3) "Public camping ban" means a law, rule, ordinance,
142	146		order, or other regulation that prohibits camping in a public
143	147		place, including Section 48.05, Penal Code.
144	148		Sec. 364.002. POLICY ON CAMPING BANS. (a) A local entity
145	149		may not adopt or enforce a policy under which the entity prohibits
146	150		or discourages the enforcement of any public camping ban.
147	151		(b) In compliance with Subsection (a), a local entity may
148	152		not prohibit or discourage a peace officer or prosecuting attorney
149	153		who is employed by or otherwise under the direction or control of
150	154		the entity from enforcing a public camping ban.
151	155		(c) This section does not prohibit a policy that encourages
152	156		diversion or a provision of services in lieu of citation or arrest.
153	157		Sec. 364.003. INJUNCTIVE RELIEF. (a) The attorney general
154	158		may bring an action in a district court in Travis County or in a
155	159		county in which the principal office of the entity is located to
156	160		enjoin a violation of Section 364.002.
157	161		(b) The attorney general may recover reasonable expenses
158	162		incurred in obtaining relief under this section, including court
159	163		costs, reasonable attorney's fees, investigative costs, witness
160	164		fees, and deposition costs.
161	165		Sec. 364.004. DENIAL OF STATE GRANT FUNDS. (a) A local
162	166		entity may not receive state grant funds, and state grant funds for
163	167		the local entity shall be denied, for the state fiscal year
164	168		following the year in which a final judicial determination in an
165	169		action brought under Section 364.003 is made that the entity has
166	170		intentionally violated Section 364.002.
167	171		(b) The comptroller shall adopt rules to implement this
168	172		section uniformly among the state agencies from which state grant
169	173		funds are distributed to a municipality or county.
170	174		(c) A local entity that has not violated Section 364.002 may
171	175		not be denied state grant funds, regardless of whether the entity is
172	176		a part of another entity that is in violation of that section.
173		-	SECTION 4. (a) Except as provided by Subsection (b) of this
174		-	section:
175		-	(1) Subchapter PP, Chapter 2306, Government Code, as
	177	+	SECTION 4. Subchapter PP, Chapter 2306, Government Code, as
176	178		added by this Act, applies only to the designation and use of
177	179		property described by that subchapter that first begins on or after
178		-	the effective date of this Act; and
179		-	(2) the designation and use of property described by
180		-	Subchapter PP, Chapter 2306, Government Code, as added by this Act,
181		-	that first began before the effective date of this Act is governed
182		-	by the law in effect when the designation and use first began, and
183		-	the former law is continued in effect for that purpose.
184		-	(b) Subchapter PP, Chapter 2306, Government Code, as added
185		-	by this Act, applies to a public park, as described by Section
186		-	2306.1124, Government Code, as added by this Act, regardless of the
187		-	date that the public park was first designated by a political
188		-	subdivision to be used by homeless individuals to camp.
189		-	(c) A political subdivision that designated a property to be
190		-	used by homeless individuals to camp before the effective date of
191		-	this Act may apply on or after that date for approval of a plan under
192		-	Subchapter PP, Chapter 2306, Government Code, as added by this Act.
	180	+	the effective date of this Act. The designation and use of property
	181	+	described by Subchapter PP, Chapter 2306, Government Code, as added
	182	+	by this Act, that first began before the effective date of this Act
	183	+	is governed by the law in effect when the designation and use first
	184	+	began, and the former law is continued in effect for that purpose.
193	185		SECTION 5. This Act takes effect September 1, 2021.
194		-	______________________________ ______________________________
195		-	President of the Senate Speaker of the House
196		-	I certify that H.B. No. 1925 was passed by the House on May 6,
197		-	2021, by the following vote: Yeas 88, Nays 56, 2 present, not
198		-	voting; and that the House concurred in Senate amendments to H.B.
199		-	No. 1925 on May 28, 2021, by the following vote: Yeas 101, Nays 45,
200		-	1 present, not voting.
201		-	______________________________
202		-	Chief Clerk of the House
203		-	I certify that H.B. No. 1925 was passed by the Senate, with
204		-	amendments, on May 20, 2021, by the following vote: Yeas 27, Nays
205		-	4.
206		-	______________________________
207		-	Secretary of the Senate
208		-	APPROVED: __________________
209		-	Date
210		-	__________________
211		-	Governor
	186	+	* * * * *