By: Flores S.B. No. 2018               A BILL TO BE ENTITLED   AN ACT   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.