About Proposition-B

On May 1, 2021, Austin voters approved Proposition B, making it a criminal offense (Class C misdemeanor punishable by a fine) for anyone to sit, lie down, or camp in public areas and prohibiting solicitation of money or other things of value at specific hours and locations.

What does Proposition B actually do?

Proposition B amends or enacts three local laws (called “ordinances”). In summary, these laws create a Class C misdemeanor criminal offense for:

• Sitting or lying down on a public sidewalk or sleeping outdoors in and near the downtown area or the area around the University of Texas campus.
• Soliciting money or other thing of value at specific hours and locations in a public area of the City, as well as aggressively soliciting money or other thing of value in the City.
• Camping in any public area not designated by the City for camping.

When do these laws become effective?

These laws became effective on May 11, 2021 when the City Council officially certified (called “canvassing”) the May 1 election results.

What are the penalties for violating these laws?

A violation of these laws can result in a fine of no more than $500 under Texas law.  Since they are Class C misdemeanor offenses, there is no jail term for violation of these laws.
Most persons who receive a citation for violating f these laws will be eligible to participate in a deferral or conditional dismissal program instead of receiving a fine, if that option is appropriate to address social service needs. In addition, if a person receives a fine but is financially unable to pay, the Austin Municipal Court judges will attempt to find alternatives to the fine such as community service work.

Will the police get special training on how to enforce these laws?

Yes. APD developed specific training materials for its officers to guide their enforcement of these new laws. The training materials emphasize both the importance of enforcing these laws and the options that officers have to achieve compliance without the need for citations and arrests whenever reasonable alternatives exist.