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Austin, TX Homelessness & Encampment Rules: Sit-Lie Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Code section
City Code § 9-4-14
Where it applies
Downtown Community Court area only
Penalty
Class C misdemeanor, up to $500
Warning required
Officer must warn before citing
Restored by
Proposition B, May 2021

Summary

In Austin's Downtown Community Court district, sitting or lying in the sidewalk right-of-way or sleeping outdoors is a criminal offense once an officer warns you. Voters restored this ban through Proposition B in May 2021 under City Code Section 9-4-14.

(E) A person commits an offense if, after having been notified by a law enforcement officer that the conduct violates this section: (1) the person is asleep outdoors; or (2) the person sits or lies down in the right-of-way between the roadway and the abutting property line or structure, or on an object placed in that area. … (G) It is an affirmative defense to prosecution if a person sits or lies down as the result of a physical manifestation of a disability, not limited to visual observation.

Full Breakdown

City Code Section 9-4-14 makes it a Class C misdemeanor to sit or lie down in the right-of-way between the roadway and the abutting property line or structure, or to sleep outdoors, anywhere in the Downtown Austin Community Court area, roughly from 29th and Lamar south to Lady Bird Lake and east to Chicon Street, excluding the University of Texas campus. An Austin police officer must first notify you that the conduct violates the section. No culpable mental state is required. Exceptions cover public benches, bus-stop zones, waiting in line, medical emergencies, and sidewalk businesses. Disability is an affirmative defense. Proposition B reinstated this ban effective May 11, 2021.

Violations & Fines

A violation is a Class C misdemeanor carrying a fine of up to $500. An officer must first warn you and give a reasonable chance to correct the conduct before citing; cases are heard at the Downtown Austin Community Court.

Frequently Asked Questions

Can police cite me immediately for sitting on a downtown Austin sidewalk?
No. Section 9-4-14 requires an officer to first notify you that your conduct violates the ordinance. The offense arises only if you fail to correct it after that warning.
Does the sit-lie ban apply everywhere in Austin?
No. It applies only within the Downtown Austin Community Court area, running from 29th and Lamar south to Lady Bird Lake and east to Chicon Street, and not on the UT campus.
What if I have a disability?
It is an affirmative defense to prosecution if you sit or lie down as the result of a physical manifestation of a disability, not limited to visual observation.

Sources & Official References

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