Bill Amendment: TX HB1925 | 2021-2022 | 87th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to prohibitions on camping in a public place and to a political subdivision's designation of property for camping by homeless individuals; creating a criminal offense.

Status: 2021-06-15 - Effective on 9/1/21 [HB1925 Detail]

Download: Texas-2021-HB1925-House_Amendment_H_2_1-Capriglione.html

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Amend HB 1925 (house committee report) as follows:

(1)  On page 1, line 15, between "without the" and "consent", insert "effective".

(2)  On page 2, line 4, between "(b)" and the underlined period, insert the following:

, unless given to authorize the person to camp for:

(1)  recreational purposes;

(2)  purposes of housing or otherwise sheltering homeless individuals, if the property on which the camping occurs is subject to a plan approved under Subchapter PP, Chapter 2306, Government Code, and the camping occurs in a manner that complies with the plan; or

(3)  purposes permitted by a beach access plan that has been approved under Section 61.015, Natural Resources Code, and the camping occurs in a manner that complies with the plan

(3)  Strike page 2, lines 5-11, and reletter subsequent subsections of added Section 48.05, Penal Code, and any cross-references to those subsections accordingly.

(4)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.  Title 5, Civil Practice and Remedies Code, is amended by adding Chapter 115 to read as follows:

CHAPTER 115. LIABILITY TO STATE FOR DAMAGES CAUSED BY CERTAIN HOMELESS INDIVIDUALS

Sec. 115.001.  DEFINITION. In this chapter, "camp" has the meaning assigned by Section 48.05, Penal Code.

Sec. 115.002.  LIABILITY FOR DAMAGE TO STATE PROPERTY. (a) A political subdivision is liable to the state for the cost to repair damages occurring to property owned by the state and caused by homeless individuals camping:

(1)  within the boundaries of the political subdivision;

(2)  near or adjacent to the property; and

(3)  consistently in an area to the extent that the political subdivision knows or should know that the area is regularly used for camping by homeless individuals.

(b)  The attorney general may bring an action to enforce this section.

Sec. 115.003.  GOVERNMENTAL IMMUNITY WAIVED. A political subdivision's governmental immunity to suit and from liability is waived to the extent of liability created by this chapter.

SECTION ____.  Chapter 2306, Government Code, is amended by adding Subchapter PP to read as follows:

SUBCHAPTER PP. APPROVAL FOR PURCHASE OR USE CONVERSION OF PROPERTY TO HOUSE HOMELESS INDIVIDUALS

Sec. 2306.1121.  APPROVAL. (a) A political subdivision may not purchase property to house homeless individuals unless the department approves a plan described by Section 2306.1122(b).

(b)  A political subdivision may not convert the use of a property owned by the political subdivision to enable the property to house homeless individuals unless the department approves a plan that meets the requirements of Section 2306.1122(b).

(c)  Not later than the 30th day after the date the department receives a plan submitted under this section, the department shall make a final determination regarding approval of the plan.

Sec. 2306.1122.  PLAN REQUIREMENTS. (a) In this section, "proposed new residents" means homeless individuals the applicant intends to house at the property intended for purchase or conversion of use.

(b)  A plan required by Section 2306.1121 must describe:

(1)  the availability of local health care for proposed new residents, including access to Medicaid services and mental health services;

(2)  the availability of indigent services for proposed new residents;

(3)  the availability of reasonably affordable public transportation for proposed new residents;

(4)  local law enforcement resources in the area of the property; and

(5)  the steps the applicant has taken to coordinate with the local mental health authority to provide for any proposed new residents.

(c)  An applicant shall respond to reasonable requests for additional information made by the department regarding the proposed property purchase or use conversion.

Sec. 2306.1123.  NOTICE. A political subdivision that intends to purchase or convert property to house homeless individuals shall:

(1)  post notice of the proposed use of the property at the property not later than the 61st day before the proposed date of purchase or conversion; and

(2)  publish notice of the proposed purchase or conversion of the property for 10 consecutive days in a newspaper of general circulation in the county in which the property is located, with the first day being not later than the 61st day before the proposed date of purchase or conversion.

SECTION ____.  Subchapter PP, Chapter 2306, Government Code, as added by this Act, applies only to a purchase or use conversion described by that subchapter that is not final on the effective date of this Act. A purchase or use conversion that was final before the effective date of this Act is governed by the law in effect when the purchase or use conversion was completed, and the former law is continued in effect for that purpose.