Texas Republicans are advancing legislation that could dramatically reshape how homelessness is handled across the state — and advocates fear it will only deepen the crisis.
The Texas Legislature is considering bills to intensify enforcement of the state’s homeless encampment ban and hasten the eviction process. Critics argue these moves ignore the root causes of homelessness and risk pushing more Texans onto the streets.
One key proposal, Senate Bill 241, authored by Sen. Pete Flores (R-Pleasanton), would allow residents to file formal complaints against cities or counties they believe are not enforcing the camping ban. If the complaint isn’t resolved within 90 days, the attorney general could declare the locality in violation and send in the state to clear encampments — billing the city by deducting costs from its sales tax revenue.
“It’s already against the law,” Flores said during a committee hearing. “They’re just not enforcing it.”
Gov. Greg Abbott first signed the statewide ban into law in 2021, making camping in public a misdemeanor punishable by a $500 fine. Though upheld by the U.S. Supreme Court in 2024, encampments remain visible in cities like Austin, sparking growing frustration among lawmakers and constituents.
But advocates like Eric Samuels, president of the Texas Homeless Network, say the legislation unfairly blames cities and will have dire consequences.
“The presumption is [cities] aren’t already working to prevent and end homelessness, which is far from the case,” Samuels said.
According to federal estimates, nearly 28,000 Texans were experiencing homelessness in 2024 — an 8% increase from before the pandemic. More than 12,000 of them were unsheltered, living on streets, in vehicles, or in makeshift shelters.
Austin — the political epicenter of the debate — relaxed camping restrictions in 2019, only to see voters later reinstate them following a rise in visible homelessness. Since 2021, the city has issued nearly 1,300 citations for violating the ban.
Still, some residents, like Matt Mackowiak, co-founder of the pro-camping-ban group Save Austin Now, argue the city’s enforcement remains weak.
“Anyone that spends more than 30 minutes in Austin knows that and sees that,” Mackowiak said.
Homeless advocates argue criminalizing homelessness by ticketing or fining individuals is not only ineffective but harmful. Unpaid fines can lead to arrest warrants and criminal records, further blocking access to housing or employment.
In contrast, cities like Houston and Dallas have reduced unsheltered homelessness by over 25% since 2019 by prioritizing rapid housing and support services over punitive measures.
Sarah Kahn, CEO of Housing Forward — the lead homelessness agency for Dallas and Collin counties — says those approaches render aggressive enforcement unnecessary.
“The strategy is about connecting people to services, not punishing them,” Kahn said.
Another controversial bill is Senate Bill 38, authored by Sen. Paul Bettencourt (R-Houston), which aims to accelerate evictions to address squatting. Tenant advocates warn the bill will remove key protections for the state’s 4.2 million renter households and increase homelessness.
“The more people that we evict, the more people who are going to fall into homelessness,” Samuels said.
Bettencourt disagrees.
“The only way to get rid of [squatters] is to speed up the eviction process,” he said.
Meanwhile, legislation that could provide aid to those already experiencing homelessness — such as a bill to help individuals recover lost personal identification — remains stalled in committee. Another proposal by Sen. Tan Parker (R-Flower Mound) to create crisis service centers for homeless individuals with mental health needs has yet to move forward.
Advocates argue those types of solutions — not punitive laws — are what’s urgently needed.
“We all want the same thing,” said Kahn. “To end street homelessness and protect public health and safety. And we have the tools to do that — if we choose to use them.”
Credits: The Texas Tribune
