Bill Text: TX SB241 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: Relating to prohibitions on camping in a public place.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2025-05-26 - Postponed 6/3/25 10:00 AM [SB241 Detail]
Download: Texas-2025-SB241-Comm_Sub.html
| By: Flores, et al. | S.B. No. 241 | |
| (Capriglione) | ||
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| 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 [ |
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| 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. | ||
