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

New legislation about homeless camping enforcement

It's been more than three years since Austin voters banned homeless camping in the city and a statewide camping ban went into effect but camps remain in many areas. Now a new bill in the legislature could put pressure on cities like Austin to finally remove them.

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.

Senate Bill 241

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.

Federal funding for homeless programs is running out

The Austin City Council held its first meeting of 2025. One of the commitments is finding funding to tackle homelessness for the next 10 years

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.