El Paso, TX Public Conduct: Loitering Rules (2026)

030, does not criminalize loitering by itself; it targets loitering in a manner and under circumstances manifesting the purpose of either soliciting prostitution or engaging in drug-related activity under Texas Health and Safety Code Chapter 481. For the prostitution-solicitation prong, the ordinance lists conduct an officer may weigh, repeatedly beckoning to, stopping, or attempting to stop passersby, or repeatedly hailing or gesturing at vehicle operators, but requires that the violator's conduct, behavior and demeanor demonstrate a specific intent to solicit prostitution, not just presence in the area.

The drug-loitering prong lists seven specific circumstances that may support reasonable suspicion, including acting as a lookout, being identified as a gang member associated with drug activity, transferring small objects for currency in a furtive fashion, fleeing when police appear, attempting to conceal oneself or an object, being in an area known for drug trafficking, or being on premises previously reported for drug activity, again subject to the same specific-intent requirement. Public place is defined broadly to include streets, sidewalks, alleys, driveways, parking lots, and the doorways of buildings open to the public, and street expressly includes the curb, parkway, and grass plots within the right-of-way.

The ordinance builds in a severability clause and directs the mayor and the police legislative review committee to review its effectiveness within six months of passage and periodically thereafter. 040, bans loitering on public school grounds while school is not in session, independent of any prostitution or drug purpose.