Bill Text: TX SB987 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibitions on camping in a public place; creating a criminal offense.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2021-04-15 - Co-author authorized [SB987 Detail]
Download: Texas-2021-SB987-Introduced.html
87R3773 JCG-F | ||
By: Buckingham, Bettencourt, Schwertner | S.B. No. 987 |
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relating to prohibitions on camping in a public place; 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 shelter, other than | ||
clothing, 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 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). | ||
(e) For purposes of Subsection (b), a designation made by a | ||
state officer or agency that an area owned and controlled by a | ||
political subdivision may be used for camping constitutes consent | ||
to camping on that property. A state officer or agency may | ||
designate an area as described by this subsection only if that | ||
designation is proposed to the officer or agency by the applicable | ||
political subdivision. | ||
(f) An offense under this section is a Class C misdemeanor. | ||
(g) 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. | ||
SECTION 2. 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. | ||
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 3. This Act takes effect September 1, 2021. |