Texas criminalizes homeless camping on public grounds

Introduction

The Texas state legislature, which convenes only on odd years, passed 666 new laws which went into effect on September 1, 2021. Of course, all of these laws have been subject to national scrutiny, though some yield more controversy than others. This week, The Conversation will focus on one such bill: HB1925 which criminalizes homeless camping on public grounds. This bill requires that homeless individuals receive approval from an officer or political official prior to camping on any public land, or else they will be charged with a class C misdemeanor and fined $500. 

In the following sections, controversy around this law will be explored by Peter White, Campus Liberal, and Jackson Hudgins, Campus Conservative. First, Peter will share his opinion, followed by Jackson, and a final synthesis from the two sides.

Campus Liberal, Peter White

The massive package of over 600 laws just passed by the Texas state legislature is getting massive media attention because of a few controversial bills. Coverage mainly focuses on the new “Heartbeat Bill,” which greatly limits a woman’s ability to seek out an abortion, or two “Patriotic Education” bills prohibiting mention of The 1619 Project. These laws align with some recent national debates; however, the bill we are focusing on this week is, in my opinion, particularly insidious because of its immediate and completely unnecessary harm to the nearly 27,000+ Texans who have already been dismissed by society. 

State Senator Dawn Buckingham praised the bill as a “huge first step in ending homelessness,” while citing the bill’s requirement that cities provide shelter and services to those affected. This bill, on the contrary, actually does nothing to address the problem of homelessness by simply punishing their existence. By issuing a fine which many of these people cannot afford, and charging them with a misdemeanor, this law only makes it harder for “offenders” to come out of homelessness. In opposition to State Senator Buckingham, State Senator Sarah Eckhardt correctly called for increased funding to housing, health care, and workforce training as a first step to ending homelessness. The bill as it was passed only suggests cities provide services to the homeless community, without providing any funding or grants for such action; making any action extremely unlikely within already cramped budgets.

In addition to State Senator Eckhardt’s point that Texas does not have the social services infrastructure to support HB1925, there are multiple social issues beyond the financial which speak against this harmful bill. According to the Texas Criminal Justice Coalition, the criminal actions taken against the homeless will only further prohibit the nearly 9,000 homeless Texans experiencing chronic illness from seeking the treatment they need. The bill would also increase law enforcement against the homeless, who are already more likely to be victims of violence.

Although this law is specific to Texas, it is not unique in form. Hidden beneath the important issues of access to abortion and preventing police brutality, there are even more humanitarian issues that cannot go unnoticed. The homeless are humans just like the rest of us and deserve every resource available to help them live in a country that wastes so much excess already.

Campus Conservative, Jackson Hudgins

On its face, this bill certainly does seem like one that simply hurts the homeless for the sake of hurting them alone. Criminalizing homelessness on its own certainly seems unfair to people who have no means to go anywhere else. However, homelessness is a complicated issue that cannot be boiled down into a simple black and white issue. Texas, just like many other states, must deal with their homelessness crisis in an effective way, and simply put, this bill prevents cities from sitting on their hands and continuing to use ineffective policy.

While it may seem like criminalizing homelessness is unnecessary, one can simply look to other states and their attitudes towards the problem to see why a measure such as this could be a step in the right direction, even if it needs reform. In Washington (my home state), for example, the homeless population is approximately 23,000, which is only 4,000 less than Texas (27,000+) despite having a quarter of its population (7.7 million vs. 29 million). In Seattle, Washington’s largest city, many in the state legislature, local courts, and city council have decided that a “compassionate” approach to homelessness is necessary; however, this often amounts to doing little if anything to solve a worsening problem. This inaction has reduced the safety and quality of life of the city, and enabled addiction (particularly from opioids) to thrive without recourse. The social services of the city are often unable to do anything because of dangerous conditions, and police are unable to remove encampments due to local laws.

The simple fact of this bill is that it does something rather than nothing. It is true that many cities could do with more funding to open shelters, address addiction, mental health, and create social safety nets, but that can be done concurrently with making sure that both the homeless and those around them are not left alone, where they can do harm to themselves and/or others. The homeless need somebody to help them, and this bill prevents cities from just throwing up their hands and ignoring the problem, even if it seems harsh. 

Conclusion

Although this specific bill will only apply to the state of Texas, the moral and political issues that it raises are important for the nation and individual citizens to be aware of. Both sides covered in this piece agree that the homeless deserve better—that much we can agree on. How to help remains an item of debate, but a common goal will one day lead to a common solution.

The Conversation is an Opinion column written by two students of opposing political viewpoints, used to discuss current events from different perspectives.