Proposed Texas law would crack down on cities not enforcing state homeless camping ban

Yahoo

11-03-2025

The Brief
Senate Bill 241 proposes measures to crack down on cities that do not enforce the state's homeless camping ban.
If cities don't uphold the ban, the bill says the Texas Department of Public Safety can come in and enforce it,
Advocates for the homeless are worried the legislation won't actually help fix the problem.
AUSTIN, Texas - It's been more than three years since Austin voters banned homeless camping in the city, and a statewide camping ban went into effect.
However, camps remain in many areas, and now a new bill in the legislature could put pressure on cities like Austin to remove them.
What we know
The Senate Local Government Committee took up Senate Bill 241 on Monday afternoon to crack down on cities that do not enforce the state's homeless camping ban.
S.B. 241 specifies that a "local entity may not prohibit or discourage the investigation or enforcement of violations of the public camping ban following official, written complaints made by a person."
If cities don't uphold the ban, the bill says the Texas Department of Public Safety can come in and enforce it, and the state can withhold sales tax from the city to offset the cost.
Under the legislation, cities can establish designated camping areas, but they must be approved by the state.
What they're saying
"This is a law that's not being followed," said the bill's sponsor, state Sen. Pete Flores (R-Pleasanton). "That's not fair to the citizens, both those that have homes and those that are homeless."
"We were grateful for the state for for basically backing what voters demanded. Unfortunately, the enforcement aspects of that state law, I think were not strong enough," said Matt Mackowiak, co-founder of Save Austin Now.
"It's another example of the state of Texas doing the job the city of Austin has been unable or unwilling to do," said Mackowiak.
The other side
"They want to make an example of Austin," said Austin Mutual Aid executive director Sasha Rose.
Advocates like Rose are worried the legislation won't actually help fix the problem.
"What are we criminalizing, really? We're criminalizing poverty. We're criminalizing our most vulnerable communities," said Rose.
Some are worried SB 241 will create more barriers for people trying to escape homelessness.
"I'm concerned that it will limit the ability of someone who works in law enforcement to show a little discretion and help people when they can, instead of issuing a citation," said Texas Homeless Network president and CEO Eric Samuels.
The backstory
In 2021, Austin voters approved Proposition B, which outlawed camping on public property.
City to enact four-phase plan to reinstate camping ban
Leaders, community react to Prop B passage, camping ban reinstatement
Prop B passes, reinstates camping ban in downtown Austin
Soon after that, the legislature passed a statewide camping ban. While many encampments have been cleared out, hundreds remain across Austin.
What's next
Austin is already using the Marshaling Yard and converted hotels for shelters, but people on both sides of this bill agree more needs to be done.
"I would like to see our city investing in increasing shelter beds at a much more rapid rate," said Rose.
Temporary emergency homeless shelter extends stay at Marshalling Yard
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Marshalling Yard temporary shelter funded through September 2025
"Build more permanent, supportive and deeply affordable housing," said Samuels.
"We want our homeless individuals to be safe and sheltered, but we want them to be receiving services," said Mackowiak.
The Source
Information in this report comes from reporting by FOX 7 Austin's John Krinjak.