By: Flores S.B. No. 2018
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on camping in a public place.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 364.002(a) and (c), Local Government
Code, are amended to read as follows:
(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, including prohibiting or discouraging the
investigation or enforcement of violations of a public camping ban.
(c) A local entity may not utilize a property designated to
be used by homeless individuals to camp unless the department has
submitted and had approved a plan described by the Texas Government
Code Sec. 2306.1123(b).
SECTION 2. Chapter 364, Local Government Code, is amended
by adding new Sections 364.0021 and 364.0022 to read as follows:
Sec. 364.0021 COMPLAINTS AND REPORTING. (a) A local entity
must develop and provide a process for a person to file a complaint
to the local entity regarding public camping.
(b) A local entity must report to the attorney general, in
form and manner prescribed by the attorney general the following
information:
(1) number of complaints received on public camping;
(2) disposition of each complaint, including
court-ordered diversion programs;
(3) number of citations issued under Section 48.05,
Penal Code; and
(4) any other information deemed pertinent by the
attorney general.
Sec. 364.0022. ENFORCEMENT. (a) For a complaint
received under Section 364.0021, the local entity must take an
action within 90 days.
(b) If a local entity does not take action within the
prescribed time the local entity will be deemed a "violating local
entity" by the attorney general.
(c) The attorney general or the Department of Public Safety
may initiate an action to enforce Section 48.05, Penal Code, and
recover any costs associated with enforcing this chapter from a
violating local entity in accordance with Section 321.5026, Tax
Code.
SECTION 3. Section 48.05, Penal Code, is amended by
amending subsection (i) and adding new subsection (k) to read as
follows:
(i) If the person is arrested or detained solely for an
offense under this section, a peace officer enforcing this section
shall ensure that all of the person's personal property not
designated as contraband under other law is preserved by:
(1) permitting the person to remove all the property from
the public place at the time of the person's departure; or
(2) taking custody of non-hazardous personal [the] property
and allowing the person to retrieve the property after the person is
released from custody.
(k) For the purposes of this section, personal
property does not include any permanent or semi-permanent structure
other than a camping tent.
SECTION 4. Chapter 321, Tax Code, is amended by
adding new Section 321.5026 to read as follows:
Sec. 321.5026. DISTRIBUTION OF TRUST FUNDS TO VIOLATING
LOCAL ENTITIES. (a) In this section, "violating local entity"
means a political subdivisions that is deemed to be a violating
local entity for the current state fiscal year under Chapter 364,
Local Government Code.
(b) Notwithstanding Section 321.502, the comptroller may
not, before July 1 of each state fiscal year, send to a violating
local entity its share of the taxes collected by the comptroller
under this chapter during the state fiscal year. Before sending the
violating local entity its share of the taxes, the comptroller
shall deduct the amount reported to the comptroller for the
violating local entity under Subsection (c) and credit that
deducted amount to the general revenue fund. Money credited to the
general revenue fund under this subsection may be appropriated to
the attorney general and Department of Public Safety equally.
(c) Not later than August 1 of each state fiscal year, the
attorney general and Department of Public Safety shall report to
the comptroller for each violating local entity the amount of money
the state spent in that state fiscal year to provide law enforcement
services in that defunding municipality.
SECTION 5. (a) Section 321.5026, Tax Code, as added by this
Act, applies only to a distribution of municipal sales and
use tax revenue to a municipality in a state fiscal year that begins
on or after the effective date of this Act.
(b) Not later than December 1, 2023, a local entity
shall develop and implement a complaint process as required under
Section 364.0021, as added by this Act.
(c) Not later than January 1, 2024, the attorney general
shall prescribe the manner and form for reporting as required under
Section 364.0021, as added by this Act.
(d) This Act takes effect September 1, 2023.