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