Texas prohibited camping — Penal Code § 48.05

Texas prohibited camping is a criminal offense under Penal Code § 48.05. Base conduct is classified as a Class C misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.

The controlling statute

Texas Penal Code § 48.05 — created by House Bill 1925 in 2021 — criminalizes camping in a public place not designated for camping. The statute responds to growing homeless-encampment concerns in Texas cities and overrides certain local non-enforcement policies adopted by cities like Austin. Officers must provide notice and reasonable opportunity to vacate before issuing a citation. The offense is fine-only but creates a misdemeanor conviction with collateral consequences for housing and employment.

Classification & punishment range

Elements the State must prove

To convict on a Texas § 48.05 charge, the State must prove every element beyond a reasonable doubt:

1. Defendant camped in a public place
2. The public place was not designated for camping by a governmental entity
3. Defendant received notice and reasonable opportunity to comply before citation
4. Defendant intentionally or knowingly continued camping after notice

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Prohibited Camping case:

• Failure of officer to provide notice and opportunity to vacate as required by § 48.05(b)
• Location was designated for camping by local ordinance or property owner
• Necessity defense under § 9.22 — no alternative shelter available during cold-weather emergency
• Constitutional challenge under Martin v. Boise framework for status-based punishment
• Lack of camping conduct — temporary rest or transit
• Eighth Amendment challenge to cruel-and-unusual punishment for unhoused status

Enhancements & collateral consequences

Penal Code § 48.05 is a flat Class C and does not have built-in escalation. However, repeat citations create a pattern of convictions affecting eligibility for diversionary housing programs. Trespass under § 30.05 frequently runs concurrently on private property, and obstruction under § 42.03 may attach when camping blocks rights-of-way.