Texas Senate Bill SB241

Texas 2025 - 89th Regular

• Filed: 11/12/24
• Out of Senate Committee: 3/17/25
• Voted on by Senate: 4/8/25
• Out of House Committee: 5/20/25

Caption

Relating to prohibitions on camping in a public place.

Impact

The implications of SB241 on state laws are significant, particularly in terms of local governance. The bill explicitly removes the ability of municipalities and counties to adopt or reinforce policies that contradict the enforcement of state camping bans. This framework also introduces penalties for localities failing to comply, classifying them as 'violating local entities', which could result in loss of state tax revenues. By centralizing oversight and enforcement within state agencies like the attorney general’s office, the bill seeks to ensure a uniform approach to public camping regulations across Texas.

Summary

Senate Bill 241 (SB241) seeks to impose statewide prohibitions on camping in public places by amending sections of the Local Government Code. This legislation aims to establish clear requirements for local entities regarding their enforcement of public camping bans, emphasizing the need for local compliance with state directives. Under SB241, local governments are barred from enacting policies that discourage enforcement of these camping bans and must develop processes for addressing complaints related to such violations. This change is positioned as part of a broader initiative to manage public spaces and homelessness more effectively across Texas.

Sentiment

The sentiment surrounding SB241 appears to be deeply divided among legislators and advocacy groups. Proponents argue that the bill is necessary for maintaining public order and addressing homelessness through clear and enforceable policies. They see it as a protective measure for both community safety and public spaces. Conversely, opponents raise concerns about the bill’s potential to disproportionately affect vulnerable populations, particularly the homeless. Critics argue it undermines local decision-making and fails to offer comprehensive solutions to homelessness, instead pushing the problems away from public view.

Contention

Notable points of contention include the implications of state control over local issues, which many opponents believe might lead to inadequate responses to the complex challenges of homelessness. Detractors are particularly critical of the potential for increased criminalization of homelessness without addressing underlying causes or providing sufficient support services. The balance between enforcing public safety and ensuring humane treatment of individuals in need remains a central theme in the debate surrounding SB241.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 364. Enforcement Of Public Camping Bans
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Tax Code

• Chapter 321. Municipal Sales And Use Tax Act
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 323. County Sales And Use Tax Act
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 48. Conduct Affecting Public Health
  • Section: New Section
  • Section: 05
  • Section: 05
  • Section: 05
  • Section: 05

Government Code

• Chapter 2306. Texas Department Of Housing And Community Affairs
  • Section: 1122