AN ACT relating to prohibitions on camping in a public place and to a political subdivision's designation of property for camping by homeless individuals; 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 temporary, semipermanent, or permanent shelter, other than clothing or any handheld device, 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 effective 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.
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