Bill Text: TX HB4939 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibitions on camping in a public place.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to State Affairs [HB4939 Detail]
Download: Texas-2023-HB4939-Introduced.html
| By: Hefner | H.B. No. 4939 | |
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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) and (c), Local Government | ||
| Code, are 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 violations of a public camping ban. | ||
| (c) A local entity may not utilize a property designated to | ||
| be used by homeless individuals to camp unless the department has | ||
| submitted and had approved a plan described by the Texas Government | ||
| Code Sec. 2306.1123(b). | ||
| SECTION 2. Chapter 364, Local Government Code, is amended | ||
| by adding new Sections 364.0021 and 364.0022 to read as follows: | ||
| Sec. 364.0021 COMPLAINTS AND REPORTING. (a) A local entity | ||
| must develop and provide a process for a person to file a complaint | ||
| to the local entity regarding public camping. | ||
| (b) A local entity must report to the attorney general, in | ||
| form and manner prescribed by the attorney general the following | ||
| information: | ||
| (1) number of complaints received on public camping; | ||
| (2) disposition of each complaint, including | ||
| court-ordered diversion programs; | ||
| (3) number of citations issued under Section 48.05, | ||
| Penal Code; and | ||
| (4) any other information deemed pertinent by the | ||
| attorney general. | ||
| Sec. 364.0022. ENFORCEMENT. (a) For a complaint received | ||
| under Section 364.0021, the local entity must take an action within | ||
| 90 days. | ||
| (b) If a local entity does not take action within the | ||
| prescribed time the local entity will be deemed a "violating local | ||
| entity" by the attorney general. | ||
| (c) The attorney general or the Department of Public Safety | ||
| may initiate an action to enforce Section 48.05, Penal Code, and | ||
| recover any costs associated with enforcing this chapter from a | ||
| violating local entity in accordance with Section 321.5026, Tax | ||
| Code. | ||
| SECTION 3. Section 48.05, Penal Code, is amended by | ||
| amending subsection (i) and adding new subsection (k) to read as | ||
| follows: | ||
| (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 non-hazardous personal [the] | ||
| property and allowing the person to retrieve the property after the | ||
| person is released from custody. | ||
| (k) For the purposes of this section, personal property does | ||
| not include any permanent or semi-permanent structure other than a | ||
| camping tent. | ||
| SECTION 4. Chapter 321, Tax Code, is amended by adding new | ||
| Section 321.5026 to read as follows: | ||
| Sec. 321.5026. DISTRIBUTION OF TRUST FUNDS TO VIOLATING | ||
| LOCAL ENTITIES. (a) In this section, "violating local entity" | ||
| means a political subdivisions that is deemed to be a violating | ||
| local entity for the current state fiscal year under Chapter 364, | ||
| Local Government Code. | ||
| (b) Notwithstanding Section 321.502, the comptroller may | ||
| not, before July 1 of each state fiscal year, send to a violating | ||
| local entity its share of the taxes collected by the comptroller | ||
| under this chapter during the state fiscal year. Before sending the | ||
| violating local entity its share of the taxes, the comptroller | ||
| shall deduct the amount reported to the comptroller for the | ||
| violating local entity under Subsection (c) and credit that | ||
| deducted amount to the general revenue fund. Money credited to the | ||
| general revenue fund under this subsection may be appropriated to | ||
| the attorney general and Department of Public Safety equally. | ||
| (c) Not later than August 1 of each state fiscal year, the | ||
| attorney general and Department of Public Safety shall report to | ||
| the comptroller for each violating local entity the amount of money | ||
| the state spent in that state fiscal year to provide law enforcement | ||
| services in that defunding municipality. | ||
| SECTION 5. (a) Section 321.5026, Tax Code, as added by this | ||
| Act, applies only to a distribution of municipal sales and use tax | ||
| revenue to a municipality in a state fiscal year that begins on or | ||
| after the effective date of this Act. | ||
| (b) Not later than December 1, 2023, a local entity shall | ||
| develop and implement a complaint process as required under Section | ||
| 364.0021, as added by this Act. | ||
| (c) Not later than January 1, 2024, the attorney general | ||
| shall prescribe the manner and form for reporting as required under | ||
| Section 364.0021, as added by this Act. | ||
| (d) This Act takes effect September 1, 2023. | ||
