(a) This section implements Local Government Code, §364.004
(Denial of State Grant Funds).
(b) This section applies to local entities applying
for state grant funds and state agencies awarding state grant funds
to local entities.
(c) The terms "local entity," "policy," and "public
camping ban" in this section are defined as they are in Local Government
Code, Title 11, §364.001.
(d) A local entity may not receive state grant funds,
and state grant funds for the local entity must be denied, for the
state fiscal year following the year in which a final judicial determination
in an action brought by the Attorney General under Local Government
Code, §364.003 is made that the entity has intentionally adopted
or enforced a policy that prohibited or discouraged the enforcement
of a public camping ban.
(e) A local entity applying for state grant funds must
affirm in its application that it is not prohibited from receiving
state grant funds under Local Government Code, §364.004.
(f) A local entity applying for state grant funds must
disclose in its application whether the local entity has been sued
by the Attorney General under Local Government Code, §364.003,
and if so, the current posture of the lawsuit.
(g) In the event that a local entity receiving state
grant funds is sued by the Attorney General under Local Government
Code, §364.003 or such a case reaches a final judicial determination,
the local entity must immediately disclose the lawsuit or judicial
determination to all state agencies that oversee programs from which
the entity currently receives state grant funds.
(h) A state agency that awards state grant funds must
include appropriate assurances in grant applications and grant agreements
to ensure that local entities comply with the provisions contained
in this section. A state agency must document that the local entity
has made such assurances before initiating any payment of state grant
funds to the local entity.
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