Tex.
Penal Code Section 48.05
Prohibited Camping
(a)
In this section:(1)
“Camp” means to reside temporarily in a place, with shelter.(2)
“Shelter” includes a tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of temporary, semipermanent, or permanent shelter, other than clothing or any handheld device, designed to protect a person from weather conditions that threaten personal health and safety.(b)
A person commits an offense if the person intentionally or knowingly camps in a public place without the effective consent of the officer or agency having the legal duty or authority to manage the public place.(c)
The actor’s intent or knowledge may be established through evidence of activities associated with sustaining a living accommodation that are conducted in a public place, including:(1)
cooking;(2)
making a fire;(3)
storing personal belongings for an extended period;(4)
digging; or(5)
sleeping.(d)
Consent given by an officer or agency of a political subdivision is not effective for purposes of Subsection (b), unless given to authorize the person to camp for:(1)
recreational purposes;(2)
purposes of sheltering homeless individuals, if the property on which the camping occurs is subject to a plan approved under Subchapter PP (Definition), Chapter 2306 (Texas Department of Housing and Community Affairs), Government Code, and the camping occurs in a manner that complies with the plan;(3)
purposes permitted by a beach access plan that has been approved under Section 61.015 (Beach Access and Use Plans), Natural Resources Code, and the camping occurs in a manner that complies with the plan; or(4)
purposes related to providing emergency shelter during a disaster declared under Section 418.014 (Declaration of State of Disaster), Government Code, or a local disaster declared under Section 418.108 of that code.(e)
An offense under this section is a Class C misdemeanor.(f)
This section does not preempt an ordinance, order, rule, or other regulation adopted by a state agency or political subdivision relating to prohibiting camping in a public place or affect the authority of a state agency or political subdivision to adopt or enforce an ordinance, order, rule, or other regulation relating to prohibiting camping in a public place if the ordinance, order, rule, or other regulation:(1)
is compatible with and equal to or more stringent than the offense prescribed by this section; or(2)
relates to an issue not specifically addressed by this section.(g)
Except as provided by Subsection (h), before or at the time a peace officer issues a citation to a person for an offense under this section, the peace officer must make a reasonable effort to:(1)
advise the person of an alternative place at which the person may lawfully camp; and(2)
contact, if reasonable and appropriate, an appropriate official of the political subdivision in which the public place is located, or an appropriate nonprofit organization operating within that political subdivision, and request the official or organization to provide the person with:(A)
information regarding the prevention of human trafficking; or(B)
any other services that would reduce the likelihood of the person suspected of committing the offense continuing to camp in the public place.(h)
Subsection (g) does not apply if the peace officer determines there is an imminent threat to the health or safety of any person to the extent that compliance with that subsection is impracticable.(i)
If the person is arrested or detained solely for an offense under this section, a peace officer enforcing this section shall ensure that all of the person’s personal property not designated as contraband under other law is preserved by:(1)
permitting the person to remove all the property from the public place at the time of the person’s departure; or(2)
taking custody of the property and allowing the person to retrieve the property after the person is released from custody.(j)
A fee may not be charged for the storage or release of property under Subsection (i)(2).
Source:
Section 48.05 — Prohibited Camping, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.48.htm#48.05 (accessed Jun. 5, 2024).
