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Austin, TX Public Conduct: Aggressive Panhandling (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Local ordinance
Austin Code Sec. 9-2-1
Buffer rule
8 feet from ATMs and diners
State assault statute
TX Penal Code Sec. 22.06
Constitutional limit
Passive panhandling protected
Outreach response
APD HOST plus Integral Care

Summary

Austin City Code Chapter 9-2 prohibits aggressive solicitation, including approaching ATMs, intersections, and outdoor diners, while Texas Penal Code Section 22.06 governs threatening contact; passive panhandling itself remains protected speech under the First Amendment after Reed v. Town of Gilbert.

Sec. 552.007. SOLICITATION BY PEDESTRIANS. (a) A person may not stand in a roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except that a person may stand in a roadway to solicit a charitable contribution if authorized to do so by the local authority having jurisdiction over the roadway. (b) A person may not stand on or near a highway to solicit the watching or guarding of a vehicle parked or to be parked on the highway.

Source: Austin Code Chapter 9-2View official code

Full Breakdown

Austin Code Section 9-2-1 makes it unlawful to solicit money or goods in an aggressive manner, defined to include touching, blocking, following, threatening, or approaching within eight feet of someone using an ATM, transit stop, parked vehicle, or outdoor cafe. Pure passive sign-holding remains protected after federal courts struck content-based panhandling bans following Reed v. Town of Gilbert (2015). Texas Penal Code Section 22.06 separately criminalizes threats of bodily injury and unwanted contact. Austin Police generally enforce the local ordinance through written warnings before citations, and outreach teams from Integral Care and APD's Homeless Outreach Street Team frequently respond first. Quality-of-life calls in central districts trigger heaviest enforcement, especially around UT Austin and downtown.

Violations & Fines

Aggressive solicitation is a class C misdemeanor with fines up to $500 under Austin Code Chapter 9-2. Threats or unwanted contact elevate to class B or A assault under Penal Code Section 22.06, carrying jail and protective orders.

Frequently Asked Questions

Is panhandling itself illegal in Austin?
No. Federal courts protect passive solicitation as speech. Austin's Chapter 9-2 only criminalizes aggressive conduct: touching, blocking, threatening, or approaching ATM users, transit riders, and outdoor diners.
Can Austin police arrest someone for sitting on a sidewalk?
Sitting alone is not a violation. Aggressive solicitation, public intoxication, or blocking pedestrian flow under Austin Code Chapter 9-4 can trigger citations. Camping is separately addressed by Code 9-4-11.

Sources & Official References

Other rules in Austin

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