By: Flores  S.B. No. 2018          (In the Senate - Filed March 9, 2023; March 21, 2023, read   first time and referred to Committee on Local Government;   April 6, 2023, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 6, Nays 1; April 6, 2023,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 2018 By:  Parker     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), 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)  A local   entity 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 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 [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 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, 2023, each local   entity, as defined by Section 364.001, Local Government Code, shall   develop and implement the complaint process required by Section   364.0022, Local Government Code, as added by this Act.          SECTION 9.  Not later than January 1, 2024, the attorney   general by rule shall prescribe the form and manner for reporting as   required by Section 364.0022, Local Government Code.          SECTION 10.  This Act takes effect September 1, 2023.     * * * * *