Relating to prohibitions on camping in a public place.

89(R) SB 241 - House Committee Report version - Bill Text

By: Flores, et al.

S.B. No. 241

(Capriglione)

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), Local Government Code, is

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 a violation of a public camping

ban
.

SECTION 2. Chapter 364, Local Government Code, is amended

by adding Sections 364.0021, 364.0022, 364.0023, and 364.0024 to

read as follows:

Sec.

364.0021.

USE OF PROPERTY FOR CAMPING PURPOSE. A local

entity may not permit camping by homeless individuals on a property

designated for that purpose until the Texas Department of Housing

and Community Affairs has approved a plan for the property under

Section 2306.1122, Government Code.

Sec.

364.0022.

COMPLAINTS AND REPORTING. (a)

Each local

entity described by Section 364.001(1)(A) shall develop and

implement a process that allows a person to file a complaint with

the local entity regarding a violation of a public camping ban.

(b)

Each year, a local entity described by Section

364.001(1)(A) shall report to the attorney general, in the form and

manner prescribed by the attorney general, the following

information:

(1)

the number of complaints received as part of the

local entity's complaint process implemented under Subsection (a);

(2)

the disposition of each complaint, including

court-ordered diversion programs;

(3)

the number of arrests made or citations in lieu of

arrest issued for a violation of a public camping ban; and

(4)

any other information related to public camping

bans as required by the attorney general.

Sec.

364.0023.

ENFORCEMENT REQUIRED BY LOCAL ENTITY;

DECLARATION AS "VIOLATING LOCAL ENTITY."

(a)

For each complaint

received by a local entity under Section 364.0022(a), the local

entity shall take an action to resolve the complaint not later than

the 90th day after the date the complaint is received.

(b)

If the local entity does not take the required action

before the end of the period prescribed by Subsection (a), the

attorney general shall issue a written declaration that the local

entity is a "violating local entity" for the state fiscal year in

which the end of the period prescribed by Subsection (a) occurs.

The attorney general shall send a copy of the written declaration to

the local entity and the comptroller.

Sec.

364.0024.

ENFORCEMENT BY DEPARTMENT OF PUBLIC SAFETY

AND ATTORNEY GENERAL; RECOVERY OF COSTS.

(a)

The attorney general

or the Department of Public Safety may enforce Section 48.05, Penal

Code.

(b)

For each enforcement action described by Subsection (a)

that occurs within the boundaries of a local entity that is a

"violating local entity," the attorney general or Department of

Public Safety may recover any costs associated with the enforcement

action from the local entity in accordance with Section 321.5026 or

323.5026, Tax Code, as applicable.

SECTION 3. Section 48.05, Penal Code, is amended by

amending Subsection (i) and adding Subsection (i-1) to read as

follows:

(i)
Subject to Subsection (i-1), if
[
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 the
person's nonhazardous

personal
property and allowing the person to retrieve the property

after the person is released from custody.

(i-1)

Subsection (i) does not apply to personal property

that is a permanent or semipermanent structure unless the structure

is a camping tent.

SECTION 4. Subchapter F, Chapter 321, Tax Code, is amended

by adding Section 321.5026 to read as follows:

Sec.

321.5026.

DISTRIBUTION OF TRUST FUNDS TO MUNICIPALITY

THAT FAILS TO ACT ON PUBLIC CAMPING BAN COMPLAINT.

(a)

In this

section, "violating local entity" means a municipality declared by

the attorney general to be a violating local entity for a state

fiscal year under Section 364.0023, Local Government Code.

(b)

Notwithstanding Section 321.502, the comptroller may

not, after the date the comptroller receives notice that a

municipality is a violating local entity for a state fiscal year,

send to the municipality its share of the taxes collected by the

comptroller under this chapter during the state fiscal year until

the comptroller makes any deduction required by Subsection (c).

(c)

Before sending a violating local entity its share of the

taxes collected by the comptroller under this chapter during a

state fiscal year, the comptroller shall deduct the amount reported

to the comptroller for the violating local entity under Subsection

(d) and credit that deducted amount to the general revenue fund.

Money credited to the general revenue fund under this subsection

may be appropriated only to the attorney general or the Department

of Public Safety, as applicable.

(d)

Not later than August 1 of each state fiscal year, the

attorney general and the Department of Public Safety shall report

to the comptroller the amount of money the attorney general or

department spent in that state fiscal year taking enforcement

actions described by Section 364.0024, Local Government Code, in

each violating local entity.

The attorney general and the

department shall make a reasonable estimate of the amount spent

after the date the report is made until the end of the state fiscal

year based on amounts spent before the date the report is made.

SECTION 5. Subchapter F, Chapter 323, Tax Code, is amended

by adding Section 323.5026 to read as follows:

Sec.

323.5026.

DISTRIBUTION OF TRUST FUNDS TO COUNTY THAT

FAILS TO ACT ON PUBLIC CAMPING BAN COMPLAINT.

(a)

In this section,

"violating local entity" means a county declared by the attorney

general to be a violating local entity for a state fiscal year under

Section 364.0023, Local Government Code.

(b)

Notwithstanding Section 323.502, the comptroller may

not, after the date the comptroller receives notice that a county is

a violating local entity for a state fiscal year, send to the county

its share of the taxes collected by the comptroller under this

chapter during the state fiscal year until the comptroller makes

any deduction required by Subsection (c).

(c)

Before sending a violating local entity its share of the

taxes collected by the comptroller under this chapter during a

state fiscal year, the comptroller shall deduct the amount reported

to the comptroller for the violating local entity under Subsection

(d) and credit that deducted amount to the general revenue fund.

Money credited to the general revenue fund under this subsection

may be appropriated only to the attorney general or the Department

of Public Safety, as applicable.

(d)

Not later than August 1 of each state fiscal year, the

attorney general and the Department of Public Safety shall report

to the comptroller the amount of money the attorney general or

department spent in that state fiscal year taking enforcement

actions described by Section 364.0024, Local Government Code, in

each violating local entity. The attorney general and the

department shall make a reasonable estimate of the amount spent

after the date the report is made until the end of the state fiscal

year based on amounts spent before the date the report is made.

SECTION 6. Section 48.05, Penal Code, as amended by this

Act, applies only to an offense committed on or after the effective

date of this Act. An offense committed before the effective date of

this Act is governed by the law in effect on the date the offense was

committed, and the former law is continued in effect for that

purpose. For purposes of this section, an offense was committed

before the effective date of this Act if any element of the offense

occurred before that date.

SECTION 7. Sections 321.5026 and 323.5026, Tax Code, as

added by this Act, apply only to a distribution of sales and use tax

revenue to a municipality or county in a state fiscal year that

begins on or after the effective date of this Act.

SECTION 8. Not later than December 1, 2025, each local

entity to which Section 364.0022(a), Local Government Code, as

added by this Act, applies shall develop and implement the

complaint process required by that section.

SECTION 9. Not later than January 1, 2026, the attorney

general by rule shall prescribe the form and manner for reporting as

required by Section 364.0022, Local Government Code, as added by

this Act.

SECTION 10. This Act takes effect September 1, 2025.