34 Tex. Admin. Code § 20.600 - Denial of State Grant Funds for Local Entities that Prohibit or Discourage Enforcement of Public Camping Ban
(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.
Notes
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