- Many cities – in Texas and across the U.S. – have ordinances in place to restrict panhandling
- In 2015, the U.S. Supreme Court ruled that an outright ban on panhandling would violate Americans’ First Amendment rights
- However, “aggressive” panhandling (using language, threats, or aggression) can result in criminal charges
There is no state law in Texas prohibiting panhandling, though publicly asking for money can be illegal if it’s considered “aggressive.” In fact, no state has enacted legislation that completely bans panhandling, though some have placed restrictions on where it’s allowed..
Panhandling is also legal under federal law.
However, most states will arrest “aggressive” panhandlers, and what is considered “aggressive” is often open to interpretation. This leaves panhandlers at the mercy of the police officer who catches them.
And while there is no statewide law, many Texas cities have enacted ordinances that prohibit or restrict panhandling in some forms, making it a misdemeanor.
Is Panhandling Illegal?
Many cities across the U.S. attempted to pass legislation limiting panhandling. However, a number of these restrictions have been repealed or struck down by courts due to a 2015 Supreme Court ruling (Reed v. Town of Gilbert) that determined that most laws targeting panhandlers violate First Amendment rights and are therefore unconstitutional.
Many cities say anti-panhandling ordinances help to address the long-term effects of panhandlers on public safety, tourism, and small businesses.
Other cities say the ordinances help address the number of people living in public spaces.
In some cases, the ordinances:
- Limit panhandling to daylight hours
- Bar panhandling from certain areas
- Ban panhandlers on drugs or alcohol
- Impose license requirements
It’s important to be sure you understand the laws of the city and state you’re in before asking strangers for money. Most people won’t be arrested for asking for a buck or two at a convenience store or gas station, but if you ask someone and they refuse, it’s best to simply walk away. Using profanity or raising your voice if they refuse could result in a misdemeanor charge.
Passive vs. Aggressive Panhandling
Most areas that restrict panhandling specify that the panhandling must be aggressive. But what does that mean?
- Passive: The panhandler has little or no interaction with people. Money is solicited without threat or menace. Basically, a cup or hand is held out in a location where panhandling is not restricted.
- Aggressive: If a panhandler uses strong language, physical force, or other implied threats or menacing actions. In extreme cases, a particularly aggressive panhandler could face robbery charges.
Panhandling Restrictions in Texas
Though banning all panhandling is prohibited under the First Amendment, many city leaders across Texas have said they find panhandling distasteful or disruptive, and several have passed ordinances restricting where panhandling is acceptable and limiting the actions of panhandlers.
Laws vary from city to city, and some have faced legal challenges due to the nature of the restrictions.
For example, Dallas’ ordinance was challenged in court over language that banned pedestrians from medians less than six feet wide (or in the middle of a street that doesn’t have a median). However, the court determined that the ordinance was legally enforceable.
Other restrictions in Texas can include:
- Using violent or threatening gestures
- Continuing to ask after having been told no
- Blocking the passage of vehicles or pedestrians
- Asking anyone standing in line to enter a building, to purchase tickets, or waiting for any other purpose
- Asking anyone less than 16 years old
Others make it illegal for a panhandler to be within 20 feet of:
- A bank entrance
- An ATM
- A public parking garage
- A marked crosswalk
- a public parking garage
- The entrance to a commercial or government building
Some even limit the allowable distance between the panhandler and a gas station or a school.
Many cities across Texas have similar requirements, including:
Fort Worth: Ord. 19977-11-2011, § 1B
Dallas: Sec. 28-63.3 – Solicitations to occupants of vehicles on public roadways
San Antonio: Sec. 21-29 – Aggressive solicitation
Houston: Sec. 28-46 – Aggressive panhandling
Austin: Ordinance 9-4-13
Other Texas cities with panhandling restrictions include Amarillo, Arlington, El Paso, Wichita Falls, Pleasanton, Boerne, and Waxahachie.
If you’re considering panhandling, or feel like someone is being too aggressive, you will need to review the specific ordinance for your city.
What is the Punishment for Violating a Panhandling Ordinance?
If you violate a city anti-panhandling ordinance in Texas, it is typically a Class C misdemeanor, punishable by a fine of up to $500 or community service.
