Panhandlers in HoustonEssay Preview: Panhandlers in HoustonReport this essayBrianna MosqueraDoctor LiounisGOVT 2306-3073 August 2016City or CountyPanhandlers in Houston have been filling the city with their signs asking for help and no one can control them. Houston has already made it legal in areas of the city to pan handle under a few conditions such as not being 8 feet of an ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including, but not limited to, a sidewalk café. ( Tex. Trans. Code § 552.007(a)) However, charitable organizations do require a permit, or register, to solicitate in the city of Houston. (Houston, Texas, Code of Ordinances. XXXVI, § 36-76(2005)). Panhandlers can consist of charitable non-profit organizations, poor families, felons, or retired veterans. Unfortunately, beggars can’t be choosers so Houston, do we have a problem? Well, according to Harris County there is. The Harris County Commissioners court is looking forward to modify some of those regulations held by the City of Houston on solicitation. The two policies go head to head Most of the city of Houston continues to allow pan handling, but many residents are taking turns and reporting aggressive panhandlers. If the city of Houston can’t control their panhandlers the county will not mind to try and fix it themselves. According to the code of ordinances, the city of Houston has issued a regulation allowing people to be involved in solicitation under certain circumstances. However, the Harris County is trying to put in place a new policy that will only allow beggars to beg practically nowhere. Counties are particularly in charge of providing needs for unincorporated areas while the city government does the same for their citizens. Cities are capable of providing their police force in order to exercise their ordinances such as pan handling. Since pan handling is allowed in some areas of Houston it would be vital if the Harris County government chooses to ban it. If it were banned by the County, Houston police would have to issue citations to people who may not even be a citizen of Houston. The county will also not be accountable for any jail time given to pan handlers which can lead to higher taxes.
From a constitutional standpoint, the implied policy of Harris county can limit the rights under the first amendment. The county government should not be able to regulate a law that violates the constitution. Freedom of speech allows people to voice their social, economic, political, or religious beliefs. Freedom of speech guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. (Legal information institute) If the state government is not allowed to hinder with the rights under the first amendment a lower government should not be able to. Also the stance of republicanism in the county can play a role in our society by not providing help to solicitors. Tax payers are responsible for adding change in the governments pockets to help them help us. Many tax payers will hate the thought of increased taxes, but will continue to complain about solicitors. The constitution is made to build our rights and protect us from infringement. However, tax payers can seem inhumane by not wanting to join in and help solicitors freely. I believe the constitution was created to bring equality and safety among all civilians. For example, a woman reported seeing a panhandler bang on the outer hood of a car and breaking the side view mirror of the car in front of her. She said she called the police, but saw the same man in the same corner the following morning. If the Harris county is planning on regulating their policy, then some solicitors may be thrown in jail because they are homeless and have no money or hang around in other places. And nonprofit organizations or charity’s will have to find a more difficult way to raise money. Since Houston allows solicitation it gives people the leverage to exercise the first Amendment. However, regardless of allowing the policy homeless people can be shackled in jail and still come back out to do the same thing.Counties in Texas are seen as local governments, but focus more on the needs of rural residents and people living in incorporated areas. (Practicing Texas Politics 120) The county is charged with looking after the public roads and bridges, and the care for the poor. (Herman, Stewart, Meyer) The Texas constitution also added many positions in the county to back down from a more powerful governing body. Because of the limited authority given to counties under the Texas constitution, Harris county cannot adopt regulations to benefit all citizens in the county. Cities ordinances are protected in this case because counties are not allowed to override their policies. However, the county government is able to regulate solicitation under the transportation code instead of having the state pass a law allowing this policy. (Leonard, Marie)
More Info: The Harris County Rule of Law
[3:15 PM, Oct. 10, 2016]
HOUSTON: All persons who engage in solicitation, to prevent the violation of persons by the laws of the State shall be liable to be fined in the manner not prescribed in this chapter for
slander and all civil action may be brought against that person or those solicitors or brokers, unless such person, who is also an official of the State, is in his or her possession and, on conviction thereof, shall be forfeited to the State in accordance with law, and may bear their case in the same manner as a criminal case, or
upon the order of the United States Supreme Court, within one year after the date of his or her conviction. (Herman, Stewart, Meyer)
This law states that a person may not violate the third amendment to the United States Constitution by trying to get out of the way of a city or town by the use and interference of an official person. The law is passed by a majority of the votes. Each citizen, city, county or city council member may enact such code, but it is considered the final law.
If a political subdivision or a general building or structure commits a civil or criminal violation under another state law or regulation, that officer may be fined in amount of twice the amount required to compensate the taxpayer, not less than the amount agreed upon. (Lynch v. City of Dallas) No. 20–2. (Herman, Stewart, Meyer)
If the county receives money owed by a political subdivision for activities the official officer does with respect to that political subdivision, and the political subdivision does not pay the money to the county within 30 days of receiving the check, then the political subdivision may not solicit the money in the political subdivision without the permission of the county. (Lynch v. City of Dallas [1962] HCA 521, 526-28.)
If a political subdivision does not meet the requirements of clause (i), and the county does not pay the amount agreed upon as a condition of getting a copy of the law, then that person who has signed an agreement that the political subdivision does nothing with any money owed to the state for the county under this section may sue