Proposed bill would penalize cities that don’t enforce state law
Texas lawmakers are once again pushing to strengthen enforcement of the state’s public camping ban, four years after the law was originally passed. Senate Bill 241 (SB 241), introduced by Sen. Pete Flores (R-Pleasanton), would add new mechanisms to ensure local governments comply—including withholding tax remittances from cities that refuse to enforce the ban.
The state’s public camping ban, passed in 2021, was largely a response to Austin’s decision in 2019 to rescind its local ban on camping in public spaces. That policy change led to a surge in visible homeless encampments, particularly in high-traffic areas, prompting backlash from residents and state officials. In 2021, Austin voters reinstated the camping ban via a ballot referendum, but critics argue the city has been slow to enforce it, if at all.
SB 241 clarifies that local governments cannot adopt policies that “prohibit or discourage” the enforcement of the camping ban—including neglecting to investigate violations. It also creates a complaint system allowing citizens to report noncompliance. If a city fails to address violations within 90 days, the Texas Attorney General’s office must officially designate it as a “violating local entity.” At that point, the state comptroller would be required to withhold tax remittances from the city.
“The burden of cleaning up these campsites has fallen to the state, which results in significant cost for abatement efforts,” Flores said when introducing the bill. “Additionally, the attorney general has found it difficult to seek injunctive relief under the existing statutory framework. Senate Bill 241 will specify that localities investigate and enforce violations of public camping bans following written complaints.”
Austin Remains the Focal Point—But Not the Only One
While Austin remains the poster child for the issue, it’s not the only city in the spotlight. In Dallas, voters passed Proposition S in 2024, giving residents the right to sue the city if it fails to enforce state law. Just last December, advocacy group Dallas HERO announced plans to take legal action against the city for its alleged failure to enforce the camping ban.
Supporters of SB 241 argue that local leaders have repeatedly ignored voter mandates and state law, necessitating stronger enforcement.
“The simple fact is that [Austin’s camping ban] is not being enforced in the City of Austin,” said Matt Mackowiak, founder of Save Austin Now, the group behind the 2021 petition to reinstate the local ban. “Anyone that spends more than thirty minutes in Austin knows that and sees that. This bill is reasonable. It is thoughtful. It is balanced. And it is absolutely necessary.”
Critics Say Bill Doesn’t Address the Root Issue
Opponents of the bill argue that it does nothing to address the underlying causes of homelessness and instead creates new barriers for those trying to get off the streets.
“We oppose this legislation because it does not offer real solutions to homelessness,” said Eric Samuels, CEO of the Tech Homeless Network. “It only offers barriers to people trying to escape homelessness and those trying to help. We need to focus on real solutions to help our fellow Texans who are on the street and in shelters.”
Will It Pass?
SB 241 is expected to pass the Senate, as a similar bill did in 2023 before stalling in the House. Republicans hold a significant 88-62 majority in the House, which increases the likelihood of passage. However, with thousands of bills vying for attention this session, its fate will depend on how much priority lawmakers give it.
If passed, the bill would mark a significant shift in how Texas enforces its public camping ban, effectively putting financial pressure on cities that fail to comply. The coming months will determine whether state lawmakers will follow through on their push for stricter enforcement—or whether, like last time, the bill gets lost in the shuffle.
