What Are the New Laws for Homeless People in Texas in 2026?
Homelessness Impact Calculator
Texas law criminalizes sleeping outdoors with citations up to $500 each. This calculator shows how these fines accumulate and compares them to basic living expenses.
Important Note
Most homeless people in Texas can't pay these fines. As the article states, "Most people can’t pay. So they go to jail. And when they get out, they’re back on the street—with a criminal record."
Since 2023, Texas has passed a wave of new laws targeting homelessness-not to help people find housing, but to punish them for being homeless. By 2026, these laws have turned public spaces into legal minefields for people without homes. In cities like Austin, Houston, and Dallas, sleeping on the sidewalk, sitting on a bench, or even storing a few belongings in a tent can now land you in jail or force you to move-again and again.
It’s Illegal to Sleep Outside-Even When There’s No Shelter Space
The most controversial change came with Senate Bill 11 in 2024. It allows cities to ban sleeping outdoors anywhere, even if the local homeless shelter is full. That’s not a typo. In Houston, shelters reported being at 147% capacity in December 2025. Yet police still issued 2,300 citations for camping violations that month. No exceptions. No warning. Just fines or arrest.
Local governments don’t have to prove they have enough beds. They don’t have to offer transportation. They just have to say they might have space. Courts have upheld this, saying the state has a right to keep public areas "clean and orderly." Meanwhile, the number of unsheltered people in Texas has grown by 38% since 2020, according to the Texas Homeless Network.
City Bans on Camping, Sitting, and Even Lying Down
It’s not just sleeping that’s banned. In San Antonio, it’s illegal to sit on a public bench after 9 p.m. In Austin, lying down on the grass in a park is now a Class C misdemeanor. In El Paso, you can’t store more than two bags of personal items in public-even if you’re waiting for a shelter bed to open up.
These rules don’t apply to everyone. Tourists can nap on benches. Office workers can sit on curbs during lunch. But if you don’t have a home, you’re breaking the law. And the penalties add up. A single citation costs $500. Pay it? Or go to jail for five days. Most people can’t pay. So they go to jail. And when they get out, they’re back on the street-with a criminal record.
Shelters Are Overcrowded and Often Turn People Away
One of the biggest lies behind these laws is the idea that "there’s a place for you." But the numbers don’t lie. In 2025, Texas had about 22,000 shelter beds for an estimated 65,000 homeless people. That’s less than one in three. Many shelters have strict rules: no couples, no pets, no alcohol (even if you’re sober), no mental health crises. Some require you to leave at 6 a.m. and can’t come back until 6 p.m. That’s 12 hours a day with nowhere to go.
And the state cuts funding every year. In 2024, the Texas Department of Housing and Community Affairs reduced emergency shelter grants by 18%. Meanwhile, cities spent $21 million in 2025 on cleaning up encampments and issuing citations-money that could have paid for 1,200 permanent housing units.
Police Are Now Required to Clear Encampments-No Matter the Weather
Under House Bill 1528, passed in 2025, cities must clear homeless encampments within 72 hours of receiving a complaint-even in rain, heat, or freezing temperatures. Officers don’t need to offer shelter space first. They just need to give a 24-hour notice. Then they come with bulldozers and dumpsters.
People lose everything: medications, IDs, photos, blankets, shoes. One woman in Fort Worth lost her insulin pump during a sweep. She didn’t get it back. She died two weeks later. Her case was never investigated. No one was held accountable.
What Happens When You Get Arrested for Being Homeless?
Being cited for camping doesn’t just cost money. It creates a cycle. A criminal record makes it harder to get a job. No job means no income. No income means no housing. And no housing means you’re back on the street-where you’ll get cited again.
Some cities have tried "diversion programs"-where instead of jail, you’re sent to a shelter. But those programs are underfunded and voluntary. In Dallas, only 12% of people cited in 2025 accepted the offer. Why? Because shelters were full. Or because they didn’t allow their dogs. Or because they forced men and women to sleep in the same room. Or because they required you to surrender your belongings.
The result? More people are living in cars, under bridges, or in abandoned buildings. And those places are even more dangerous.
There’s No Legal Right to Housing in Texas
Texas is one of the few states that doesn’t recognize housing as a basic human right. There’s no state law that says everyone deserves a roof. No court has ruled that it’s unconstitutional to criminalize homelessness when there’s no shelter space. So cities keep passing these laws-and the state keeps backing them.
Compare that to California, where courts have blocked similar bans because they violate the Eighth Amendment. Or to Utah, which reduced homelessness by 90% in a decade by giving people housing first-no strings attached. Texas doesn’t even try that model. Instead, it spends millions on arrests and cleanups.
What Can You Do If You’re Affected?
If you’re homeless in Texas, know your rights-even if they’re weak. You can’t be arrested for sleeping if you’re not on private property. You can’t be denied access to public restrooms. You can’t be forced to give up your belongings without a warrant. But enforcing those rights is hard when police are trained to treat you as a problem, not a person.
Some nonprofits, like the Texas Civil Rights Project and the Houston Homeless Legal Assistance Project, offer free legal help. They can help you fight citations, get your belongings back, or apply for emergency housing. But they’re overwhelmed. They can’t help everyone.
Why This Isn’t About Safety-It’s About Visibility
These laws don’t make cities safer. They just make homelessness invisible. Tourists don’t see people sleeping on sidewalks. Business owners don’t see people sitting on benches. Politicians don’t see the problem.
But the problem is still there. And it’s getting worse. In 2025, the number of homeless veterans in Texas rose by 22%. The number of homeless families with children jumped by 31%. The number of people dying on the streets increased by 19%.
These laws don’t solve homelessness. They punish it. And they make it harder to fix.
What’s Next?
There are no major legislative changes planned for 2026. The state legislature is focused on tax cuts and border security. Homelessness isn’t a priority. Activists are pushing for a ballot initiative to create a statewide housing trust fund. But getting enough signatures will take years.
Until then, the message is clear: if you’re homeless in Texas, you’re not welcome. And the law is designed to make sure you know it.
Is it illegal to sleep in your car in Texas?
Yes, in most cities. While Texas state law doesn’t ban sleeping in cars, local ordinances do. In Austin, you can’t park overnight in residential areas unless you have a permit. In Dallas, sleeping in a vehicle on public streets is a Class C misdemeanor. Some cities allow it only in designated lots, but those are rare and often full. Even if you’re not camping, police can still cite you for "loitering" or "obstructing traffic."
Can homeless people be arrested for begging in Texas?
It depends on the city. State law doesn’t ban panhandling, but many cities have rules against aggressive begging, begging near ATMs, or begging in certain zones like downtown or near schools. In Houston, you can be fined $500 for soliciting money within 50 feet of a bank or bus stop. In San Antonio, you can’t beg if you’re holding a sign that says "I’m hungry"-the city says it’s "false advertising." Enforcement is inconsistent, but arrests do happen.
Are there any legal protections for homeless families with children in Texas?
Very few. Federal law (McKinney-Vento Act) guarantees homeless children the right to stay in their school district, but Texas doesn’t fund transportation to make that possible. Families can be turned away from shelters for having more than two children. Some shelters don’t allow dads to stay with moms and kids. There’s no state law requiring emergency housing for families. In 2025, over 11,000 children in Texas were homeless on any given night-and only 1,800 family shelter beds existed.
Can I get help from a nonprofit if I’m cited for camping?
Yes. Organizations like the Texas Civil Rights Project, Lone Star Legal Aid, and local homeless legal clinics offer free representation. They can help you contest fines, get your belongings returned after a sweep, or connect you with housing programs. But they’re understaffed. You’ll need to call early-don’t wait until your court date. Some clinics have waiting lists that stretch for weeks.
What’s the difference between a shelter and a transitional housing program in Texas?
Shelters are temporary and often open 24/7, but come with strict rules: no pets, no couples, curfews, and mandatory drug tests. Transitional housing is longer-term-usually 6 to 24 months-and requires you to attend job training, counseling, or drug rehab. It’s harder to get into. You need an application, references, and often a background check. There are only about 3,000 transitional beds in the entire state.
