Waco, TX Public Conduct: Loitering Rules (2026)

Section 14-7 of Chapter 14, Miscellaneous Offenses, dates to a 1992 ordinance and targets loitering tied specifically to drug activity rather than loitering in general. Subsection (a) makes it unlawful for any person to loiter, remain, wander or prowl in or near any thoroughfare, place open to the public, or near any public or private place for the purpose of engaging in drug-related activities contrary to the Texas Controlled Substances Act, Health and Safety Code Chapter 481, and in a manner and under circumstances manifesting a purpose to sell, purchase, manufacture, possess or deliver a controlled substance.

The ordinance builds in a due-process check in subsection (b): no arrest can be made unless the officer first gives the person an opportunity to explain the conduct, and no conviction can stand if the explanation given at trial turns out to be true and discloses a lawful purpose. Subsection (c) lists eleven circumstances an officer may weigh in deciding whether unlawful purpose is manifested, including that the person is a known drug user, possessor or seller; is under a court order to stay out of the area; repeatedly beckons to or exchanges items with passersby; acts as a lookout; is identified as a gang member tied to drug activity; flees on sight of police; tries to conceal himself or a relevant object; is in an area posted as high drug activity; or is in a vehicle registered to a known drug offender or someone with an outstanding drug warrant.

Subsection (d) defines 'unlawful drug user, possessor, or seller' for purposes of subsection (c), covering people previously convicted of a drug offense in Texas or elsewhere, people showing physical signs of drug use such as needle tracks, or people found with drug paraphernalia under Health and Safety Code Chapter 481.