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Sleeping in Your Car In Texas: Is It Legal or Will You End Up in Jail?

Sleeping in Your Car In Texas: Is It Legal or Will You End Up in Jail?

Sleeping in Your Car In Texas: Is It Legal or Will You End Up in Jail?

Anyone can start feeling sleepy behind the wheel. Instead of risking an accident you pull over for a quick nap in your car. You may have even passed another driver catching some z’s at a rest stop. 

Ever wondered about the legalities of sleeping in a carin Texas? Is it legal to sleep in your vehicle? What about living in it? What does the Lonestar State say about turning your vehicle into your home? 

Surprisingly, Texas lets anyone legally take a nap in their car. You can actually sleep for as long as you want and live in your vehicle. What may not be legal is where you park and the law isn’t always the same across the state.

Places You Can Legally Sleep In Your Car in Texas

Even though Texas doesn’t have a law prohibiting you from sleeping in a vehicle, some cities and municipalities may have something different to say. Before pulling over and dozing off, it’s a good idea to check with local ordinances.

With that being said, here’s a list of some places where you can usually get some shuteye without worrying about a ticket.

Rest Stops

The Texas Transportation Code – TRANSP § 545.411 is fairly clear. You can legally sleep at any Texas rest area for up to 24 hours. This does mean you can’t claim the rest stop as your residence. However you can temporarily live in your vehicle for one day.

Once 24 hours is up then it’s time to move along. However you can just drive down the highway until you reach the next rest stop. TXDOT even has a handy map pinpointing the location of the state’s numerous rest stops.

Private Property If the Owner Gives Consent

The Lonestar state really can’t say much about someone sleeping in a vehicle on private property. As long as the property gives consent, it’s perfectly legal. This even applies if local laws prohibit sleeping and living in vehicles.

Texas takes personal property and privacy rights fairly seriously. In other words, if you let a friend sleep in their car behind your home the authorities aren’t going to come swarming in. The vehicle can even be in the driveway. You don’t have to hide it behind your home or tucked away in some brush.

Campgrounds and RV Parks

Texas has several campgrounds and RV parks that permit free camping and sleeping in vehicles. However, don’t just pull in and assume there’s a place for you to park. You likely need to have a reservation.

Don’t forget to confirm your reservation and check-in before falling asleep.  Doing so prevenst a ton of potential issues from popping up. The primary one is that there isn’t room for your vehicle.

Truck Stops

Sometimes you can luck out at truck stops like Flying J, Pilot, and Love’s. While these businesses cater to truck drivers, they have been known to let drivers catch a nap in their vehicles. Don’t pull into the parking lot without checking with management. You don’t want to wake up to a tow truck trying to hook up your vehicle.

Buc-ees may be a Texas institution—after all who can resist those infamous and delicious Beaver Balls? Buc-ees may have everything you need to turn your car into a cozy sleeper vehicle. But don’t stay too long in their parking lot. Buc-ees won’t allow anyone to sleep in their car on the property.

Possibly Walmart Parking Lots

Walmart doesn’t have a company-wide policy on sleeping in a recreational vehicle (RV) in their parking lots. Each store manager decides. Most managers choose not to address it, while some create designated RV overnight parking areas at their stores.

If you notice an RV or two hanging out at Walmart, it’s probably okay to park and sleep. However, it’s still a good idea to check with management.

Texas Won’t Let You Park and Sleep Here

Even though the Lonestar state doesn’t really care if you sleep in your vehicle, Texas is concerned with where you park. You already know you can only park on private property with the owner’s consent. If you don’t have permission you may be facing criminal trespassing charges. Along with hefty fines you may also be looking at jail time just for sleeping in your car. Some other places in Texas where you can’t park and sleep include:

 

  • City Streets and Residential Areas: In major cities like Dallas and Houston, it’s generally illegal to sleep in your car on city streets and residential areas. This same law also applies to municipalities and most neighborhoods in unincorporated areas. If you live in an unincorporated area, you typically follow county laws which tend to mirror those of the nearest city.
  • Beaches: On most Texas beaches, sleeping in your car is considered camping and this requires a permit. Check out some Texas beaches that allow camping and what you need to do to camp there legally. If you’re wondering about lakes this typically depends on a few factors like if it’s private or public property. 
  • School Zones: It’s illegal to sleep in your car in school zones in Texas. Doing so could potentially lead to fines or other penalties.
  • Mall Parking Lots: With malls going under there are almost always plenty of empty parking spots. Pulling into a back parking space is tempting. However it’s probably not the best idea. Most Texas malls still have parking lot security, even if most of the stores are gone. The security guard isn’t going to be thrilled to see you catching some sleep. You’re probably not going to get a ticket but you will be rudely awakened and told to go on your way.

You May Be Able to Legally Sleep and Live in Your Vehicle

Texas doesn’t stop anyone from sleeping or living in their vehicle. The Lonestar State does have something to say about where you decide to park. Knowing a bit about where it’s legal to park overnight in Texas can help you stay safe and avoid a potentially hefty fine.

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