Senate panel hears bill to compel local enforcement of public camping ban; advocates and service providers sharply divided

The committee heard lengthy public testimony on Senate Bill 2 41, which would require local entities to investigate and resolve complaints about unlawful public camping within 90 days. If a local entity does not act, the attorney general may declare the jurisdiction "a violating local entity" and the comptroller may withhold sales tax allocations to recover state costs of abatement.

Senator Pete Flores, author of SB 241, said the bill seeks enforcement of an existing state law that makes public camping illegal outside of designated, approved sites. He told the panel the measure "will make changes in the law that are needed to make it easier for the enforcement of the ban and continue to allow open camping in their jurisdictions if they meet the Department of Housing and Community Affairs approval."

Supporters, including Save Austin Now, argued the bill would provide a remedy where voters and neighborhoods face repeated illegal encampments that local officials do not resolve. Matt Makoviak testified the city of Austin has failed to enforce both local ordinances and state law, and he said the bill "adds an enforcement capability that candidly should have been in the statewide camping ban the last time this happened." He and other supporters described widespread public frustration and said complaints to 311 often do not produce permanent change.

Opponents included homeless service providers and advocacy groups. Eric Samuels of the Texas Homeless Network said SB 241 "does not offer real solutions to homelessness" and would create barriers for people seeking services. James Carruthers of the Coalition for the Homeless, Houston–Harris County, detailed an encampment decommissioning model his group uses and warned SB 241 could short‑circuit the careful outreach, medical assessment and housing placement that underlies many successful closures. Several witnesses said enforcement without available shelter beds will simply displace people and strain law enforcement and providers.

Committee members probed whether the bill would penalize jurisdictions that are taking action in good faith. Senator Flores and other supporters said the bill contains provisions for jurisdictions that are actively resolving complaints; the committee discussed possible refinements to clarify the difference between inaction and ongoing remediation. No action was taken; SB 241 was left pending.