Bill Text: TX HB1925 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Strong Partisan Bill (Republican 24-2)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1925 Detail]
Download: Texas-2021-HB1925-Comm_Sub.html
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.
Spectrum: Strong Partisan Bill (Republican 24-2)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1925 Detail]
Download: Texas-2021-HB1925-Comm_Sub.html
By: Capriglione, et al. | H.B. No. 1925 | |
(Senate Sponsor - Buckingham, Bettencourt, Lucio) | ||
(In the Senate - Received from the House May 10, 2021; | ||
May 10, 2021, read first time and referred to Committee on Local | ||
Government; May 17, 2021, reported favorably by the following | ||
vote: Yeas 5, Nays 3, one present not voting; May 17, 2021, sent to | ||
printer.) | ||
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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. | ||
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 temporary, | ||
semipermanent, or permanent shelter, other than clothing or any | ||
handheld device, 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 effective 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), unless | ||
given to authorize the person to camp for: | ||
(1) recreational purposes; | ||
(2) purposes of 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; | ||
(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; or | ||
(4) purposes related to providing emergency shelter | ||
during a disaster declared under Section 418.014, Government Code, | ||
or a local disaster declared under Section 418.108 of that code. | ||
(e) An offense under this section is a Class C misdemeanor. | ||
(f) 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. | ||
(g) Except as provided by Subsection (h), before or at the | ||
time a peace officer arrests or issues a citation to a person for an | ||
offense under this section, the peace officer must make a | ||
reasonable effort to: | ||
(1) advise the person of an alternative place at which | ||
the person may lawfully camp; and | ||
(2) contact, if reasonable and appropriate, an | ||
appropriate official of the political subdivision in which the | ||
public place is located, or an appropriate nonprofit organization | ||
operating within that political subdivision, and request the | ||
official or organization to provide the person with: | ||
(A) information regarding the prevention of | ||
human trafficking; or | ||
(B) any other services that would reduce the | ||
likelihood of the person suspected of committing the offense | ||
continuing to camp in the public place. | ||
(h) Subsection (g) does not apply if the peace officer | ||
determines there is an imminent threat to the health or safety of | ||
any person to the extent that compliance with that subsection is | ||
impracticable. | ||
(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 the property and allowing the | ||
person to retrieve the property after the person is released from | ||
custody. | ||
(j) A fee may not be charged for the storage or release of | ||
property under Subsection (i)(2). | ||
SECTION 2. Chapter 2306, Government Code, is amended by | ||
adding Subchapter PP to read as follows: | ||
SUBCHAPTER PP. PROPERTY DESIGNATED BY POLITICAL SUBDIVISION FOR | ||
CAMPING BY HOMELESS INDIVIDUALS | ||
Sec. 2306.1121. DEFINITION. In this subchapter, "camp" has | ||
the meaning assigned by Section 48.05, Penal Code. | ||
Sec. 2306.1122. APPROVAL REQUIRED. (a) A political | ||
subdivision may not designate a property to be used by homeless | ||
individuals to camp unless the department approves a plan described | ||
by Section 2306.1123(b). | ||
(b) Not later than the 30th day after the date the | ||
department receives a plan submitted by a political subdivision | ||
under this subchapter, the department shall make a final | ||
determination regarding approval of the plan. | ||
Sec. 2306.1123. PLAN REQUIREMENTS. (a) In this section, | ||
"proposed new campers" means homeless individuals the applicant | ||
intends to allow to camp at the property. | ||
(b) A plan required by Section 2306.1122 must describe each | ||
of the following with respect to a proposed property: | ||
(1) the availability of local health care for proposed | ||
new campers, including access to Medicaid services and mental | ||
health services; | ||
(2) the availability of indigent services for proposed | ||
new campers; | ||
(3) the availability of reasonably affordable public | ||
transportation for proposed new campers; | ||
(4) local law enforcement resources in the area; and | ||
(5) the steps the applicant has taken to coordinate | ||
with the local mental health authority to provide for any proposed | ||
new campers. | ||
(c) An applicant shall respond to reasonable requests for | ||
additional information made by the department regarding the | ||
proposed property or plan. | ||
SECTION 3. 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. | ||
(c) This section does not prohibit a policy that encourages | ||
diversion or a provision of services in lieu of citation or arrest. | ||
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 4. Subchapter PP, Chapter 2306, Government Code, as | ||
added by this Act, applies only to the designation and use of | ||
property described by that subchapter that first begins on or after | ||
the effective date of this Act. The designation and use of property | ||
described by Subchapter PP, Chapter 2306, Government Code, as added | ||
by this Act, that first began before the effective date of this Act | ||
is governed by the law in effect when the designation and use first | ||
began, and the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2021. | ||
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