89R5888 DNC-F
By: Schatzline H.B. No. 1910
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to regulate
panhandling on public property; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 11, Local Government Code, is
amended by adding Chapter 366 to read as follows:
CHAPTER 366. PERMITS FOR PANHANDLING ON PUBLIC PROPERTY
Sec. 366.001. DEFINITIONS. In this chapter:
(1) "Panhandle" means to solicit an immediate donation
or transfer of money or another thing of value from an individual,
regardless of the solicitor's purpose or intended use of the money
or thing of value. The term does not include a solicitation made on
behalf of a charitable organization exempt from federal income
taxation under Section 501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c)(3) of that code.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other political subdivision of this state.
(3) "Public property" means any property owned or
maintained by the federal government, the state government, or a
political subdivision, including a government-owned highway,
street, sidewalk, plaza, park, or other similar place.
Sec. 366.002. PANHANDLING PERMIT. (a) A municipality with
a population of 100,000 or more shall adopt and enforce an ordinance
requiring a permit for panhandling on public property within the
municipality's jurisdiction.
(b) A political subdivision other than a municipality
described by Subsection (a) may adopt and enforce an ordinance,
order, rule, or other measure requiring a permit for panhandling on
public property within the political subdivision's jurisdiction.
(c) An ordinance, order, rule, or other measure adopted
under this section:
(1) must require a person to obtain a panhandling
permit before panhandling on public property;
(2) may not require a fee to issue the permit;
(3) may impose reasonable time, place, and manner
restrictions on panhandling on public property for the purpose of
increasing public safety, preventing harassment, and eliminating
crime;
(4) may restrict the number of persons allowed to
panhandle in a specific location at a given time; and
(5) must provide that a permit may not be issued until
at least 24 hours after the time an individual submits an
application for the permit, or a longer period if the political
subdivision determines that a longer period is necessary to fulfill
the political subdivision's interest in public safety.
(d) An application for a panhandling permit must require the
applicant to provide:
(1) the applicant's name; and
(2) the date, time, and specific location where the
applicant seeks to panhandle.
(e) A panhandling permit:
(1) may not authorize panhandling at a specific
location for longer than 12 consecutive hours;
(2) must be printed on paper or another physical
medium;
(3) must be provided to an applicant in person at a
specified location in the political subdivision;
(4) may not be issued electronically; and
(5) must display any seal, watermark, or other indicia
the political subdivision determines necessary to prevent
counterfeiting or alteration of the permit.
(f) A person issued a panhandling permit shall:
(1) carry the permit while engaged in panhandling on
public property;
(2) restrict their panhandling to the date, time, and
specific location identified on the permit; and
(3) comply with each term of the permit.
(g) If a political subdivision imposes a limit on the number
of persons who may panhandle in a specific location at a given time,
the political subdivision shall allocate panhandling permits for
the specific location on a first-come, first-served basis.
(h) A political subdivision shall provide all applicants
for a panhandling permit with information about local and regional
resources that assist persons who are suffering from hunger or
homelessness.
Sec. 366.003. POLITICAL SUBDIVISION POLICY ON PANHANDLING
PERMITS. (a) A political subdivision may not adopt or enforce a
policy that prohibits or discourages the enforcement of an
ordinance, order, rule, or other measure adopted under Section
366.002.
(b) A political subdivision may not prohibit or discourage a
peace officer or prosecuting attorney from enforcing an ordinance,
order, rule, or other measure adopted under Section 366.002.
(c) This section does not prohibit a policy that encourages
diversion or a provision of services in lieu of citation or arrest.
Sec. 366.004. CERTAIN REGULATIONS NOT PREEMPTED. This
chapter does not preempt or otherwise affect the authority of a
political subdivision to adopt or enforce an ordinance, order,
rule, or other measure relating to panhandling on public property
that:
(1) is compatible with and equal to, or more stringent
than, the level of offense prescribed by Section 366.005; or
(2) relates to an issue not specifically addressed by
this chapter.
Sec. 366.005. OFFENSE. (a) A person commits an offense if
the person panhandles on public property in a political subdivision
that adopts an ordinance under Section 366.002 without obtaining a
permit.
(b) An offense under this section is a Class C misdemeanor.
Sec. 366.006. INJUNCTIVE RELIEF. (a) A person, including
the attorney general, may bring an action to enjoin a violation of
Section 366.002 or 366.003 in a district court in:
(1) Travis County;
(2) the county in which the principal office of the
political subdivision in which the violation occurs is located; or
(3) a county adjacent to the county in which the
principal office of the political subdivision in which the
violation occurs is located.
(b) Any person who substantially prevails in an action under
this section is entitled to an award of reasonable attorney's fees
and costs from the political subdivision.
(c) Governmental immunity of a political subdivision to
suit and from liability is waived to the extent of liability created
under this section.
Sec. 366.007. DENIAL OF STATE GRANT FUNDS. (a) A political
subdivision that is determined in an action under Section 366.006
to have violated Section 366.002 or 366.003 may not receive state
grant funds for the two years following the date of the
determination.
(b) The comptroller shall adopt rules to implement this
section uniformly among the state agencies from which state grant
funds are distributed to political subdivisions.
SECTION 2. This Act takes effect September 1, 2025.