Schatzline Bill Orders Cities Of 100,000 To Require Panhandling Permits

The text as introduced · 1,020 words

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.