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HomeMy WebLinkAboutIR 10643 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 21-10643 To the Mayor and Members of the City Council August 24, 2021 Page 1 of 2 i i7 Y UF SUBJECT: IMPACT OF CAMPING PROHIBITION (TEXAS HOUSE BILL 1925) fe'? ON THE CITY OF FORT WORTH Texas House Bill (HB) 1925, informally known as the public camping ban, was signed by Governor Abbott on June 15, 2021, and will be effective on September 1, 2021. A copy of the statute is attached to this Informal Report. HB 1925 amends Chapter 48 of the Texas Penal Code to broadly prohibit camping in public places. The City may, however, consent to camping on public property for recreational purposes, to provide emergency shelter during a declared disaster, or to shelter homeless individuals in accordance with a plan approved by the Texas Department of Housing and Community Affairs. A violation of the new statute is a Class C misdemeanor, punishable by a fine not to exceed$500. The statute provides that an officer, before issuing a citation, must make a reasonable effort (1) to advise of an alternative location on which the person may lawfully camp and (2) to contact, if reasonable and appropriate, a City or non-profit official to request the provision of information about services. These prerequisites do not apply in situations involving an imminent threat to health or safety. The statute also provides that, if a person is arrested or detained solely for prohibited camping, an officer must ensure that the person's personal property is preserved by (1) allowing the person to remove their personal property from the public place or (2) taking custody of the personal property and allowing the person to retrieve it upon their release. The statute prohibits the City from charging a fee for the storage or release of the personal property. The statute bars the City from adopting or enforcing any policy,whether written or otherwise,that prohibits or discourages enforcement of the law. The statute empowers the Attorney General to sue municipalities that prohibit or discourage enforcement of the law and, if a court determines that a municipality has intentionally prohibited or discouraged enforcement of the law, the municipality will become ineligible to receive state grant funds for the following year. However, the statute does not prohibit policies that encourage diversion or the provision of services in lieu of citations or arrests. Although the City will be required to enforce the new law, the City's overall approach of addressing public camping and homelessness primarily through the provision of services and housing, as led by the Police Department's Homeless Outreach Programs and Enforcement(HOPE) Unit,would remain unchanged. The HOPE Unit In 2019, the City recognized a need to rethink the Police Department's response to homelessness. The Police Department identified two primary goals: (1) to provide a more compassionate response to homeless individuals and (2) to contribute more directly to the goal of finding a permanent solution to homelessness in the City. The Police Department also desired to decrease violent crime in the East Lancaster Avenue area. The mission, to encourage a more holistic approach to homelessness, was to build rapport within the homeless community and to strengthen relationships with local resource providers. The HOPE (Homeless Outreach Programs and Enforcement) Unit was created in August of 2019 and quickly expanded to include paramedics from the Fire Department, Tarrant County MHMR(My Health My Resources) caseworkers, and, for housing referrals, members from DRC Solutions (formerly known as Day Resource Center for the Homeless). The Police Department currently staffs the HOPE Unit with one sergeant, one corporal, and four police officers and addresses camping and homelessness-related issues throughout the City. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 21-10643 To the Mayor and Members of the City Council August 24, 2021 Page 2 of 2 i i7 Y UF SUBJECT: IMPACT OF CAMPING PROHIBITION (TEXAS HOUSE BILL 1925) fe'? ON THE CITY OF FORT WORTH As a multi-disciplinary team, the HOPE Unit seeks to provide services and jail diversion to the City's homeless population. Before issuing citations or making arrests, the HOPE Unit first attempts to provide resources and housing to homeless individuals. When camping complaints are received and a camp is identified, the HOPE Unit assesses the size of the camp and determines the appropriate level of resources necessary to assist those living within it. Next, the HOPE Unit engages resource providers and other City departments to begin preparations. Finally, once all the required resources have been mobilized, the HOPE Unit begins to approach the homeless individuals living within the camp, to connect those individuals with service providers, and to inform them of the date and time that the clean-up of the camp will commence. On average, the HOPE Unit will make three outreach attempts over the course of three to seven days before clean-up of the camp begins. Citations may be issued or arrests made when these efforts are unsuccessful. Designated Campine Property HB 1925 would allow the City to designate a property to be used by homeless individuals to camp in accordance with a plan approved by the Texas Department of Housing and Community Affairs. Such a plan must include: (1) the availability of local health care, including Medicaid and mental health services; (2) the availability of other indigent services and affordable public transportation; (3) law enforcement resources for the area; and (4) the steps taken to coordinate with the local mental health authority. Public parks may not be used as designated camping sites for homeless individuals. Because of the current availability of sufficient emergency shelter beds, a designated camping property is not being considered by staff. As of August 16, a total of 136 shelter beds were available. In summary, the Police Department and the HOPE Unit will comply with the requirements of House Bill 1925 and issue citations and make arrests when necessary. The City aspires, however, to continue its policy of addressing public camping and homelessness primarily through the provision of services and housing. For more information, please contact Directions Home Manager Tara Perez at 817-392-2235 or Tara.Perez@fortworthtexas.gov. David Cooke City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS H.B. No. 1925 1 AN ACT 2 relating to prohibitions on camping in a public place and to a 3 political subdivision's designation of property for camping by 4 homeless individuals; creating a criminal offense. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Chapter 48, Penal Code, is amended by adding 7 Section 48.05 to read as follows: 8 Sec. 48.05. PROHIBITED CAMPING. (a) In this section: 9 (1) "Camp" means to reside temporarily in a place, 10 with shelter. 11 (2) "Shelter" includes a tent, tarpaulin, lean-to, 12 sleeping bag, bedroll, blankets, or any form of temporary, 13 semipermanent, or permanent shelter, other than clothing or any 14 handheld device, designed to protect a person from weather 15 conditions that threaten personal health and safety. 16 (b) A person commits an offense if the person intentionally 17 or knowingly camps in a public place without the effective consent 18 of the officer or agency having the legal duty or authority to 19 manage the public place. 20 (c) The actor's intent or knowledge may be established 21 through evidence of activities associated with sustaining a living 22 accommodation that are conducted in a public place, including: 23 (1) cooking; 24 (2) making a fire; 1 H.B. No. 1925 1 (3) storing personal belongings for an extended 2 period; 3 (4) digging; or 4 (5) sleeping. 5 (d) Consent given by an officer or agency of a political 6 subdivision is not effective for purposes of Subsection (b) , unless 7 given to authorize the person to camp for: 8 (1) recreational purposes; 9 (2) purposes of sheltering homeless individuals, if 10 the property on which the camping occurs is subject to a plan 11 approved under Subchapter PP, Chapter 2306, Government Code, and 12 the camping occurs in a manner that complies with the plan; 13 (3) purposes permitted by a beach access plan that has 14 been approved under Section 61.015, Natural Resources Code, and the 15 camping occurs in a manner that complies with the plan; or 16 (4) purposes related to providing emergency shelter 17 during a disaster declared under Section 418.014, Government Code, 18 or a local disaster declared under Section 418.108 of that code. 19 (e) An offense under this section is a Class C misdemeanor. 20 (f) This section does not preempt an ordinance, order, rule, 21 or other regulation adopted by a state agency or political 22 subdivision relating to prohibiting camping in a public place or 23 affect the authority of a state agency or political subdivision to 24 adopt or enforce an ordinance, order, rule, or other regulation 25 relating to prohibiting camping in a public place if the ordinance, 26 order, rule, or other regulation: 27 (1) is compatible with and equal to or more stringent 2 H.B. No. 1925 1 than the offense prescribed by this section; or 2 (2) relates to an issue not specifically addressed by 3 this section. 4 (g) Except as provided by Subsection (h) , before or at the 5 time a peace officer issues a citation to a person for an offense 6 under this section, the peace officer must make a reasonable effort 7 to: 8 (1) advise the person of an alternative place at which 9 the person may lawfully camp; and 10 (2) contact, if reasonable and appropriate, an 11 appropriate official of the political subdivision in which the 12 public place is located, or an appropriate nonprofit organization 13 operating within that political subdivision, and request the 14 official or organization to provide the person with: 15 (A) information regarding the prevention of 16 human trafficking; or 17 (B) any other services that would reduce the 18 likelihood of the person suspected of committing the offense 19 continuing to camp in the public place. 20 (h) Subsection (g) does not apply if the peace officer 21 determines there is an imminent threat to the health or safety of 22 any person to the extent that compliance with that subsection is 23 impracticable. 24 (i) If the person is arrested or detained solely for an 25 offense under this section, a peace officer enforcing this section 26 shall ensure that all of the person's personal property not 27 designated as contraband under other law is preserved by: 3 H.B. No. 1925 1 (1) permitting the person to remove all the property 2 from the public place at the time of the person's departure; or 3 (2) taking custody of the property and allowing the 4 person to retrieve the property after the person is released from 5 custody. 6 (j) A fee may not be charged for the storage or release of 7 property under Subsection (i) (2) . 8 SECTION 2. Chapter 2306, Government Code, is amended by 9 adding Subchapter PP to read as follows: 10 SUBCHAPTER PP. PROPERTY DESIGNATED BY POLITICAL SUBDIVISION FOR 11 CAMPING BY HOMELESS INDIVIDUALS 12 Sec. 2306.1121. DEFINITION. In this subchapter, "camp" has 13 the meaning assigned by Section 48.05, Penal Code. 14 Sec. 2306.1122. APPROVAL REQUIRED. (a) A political 15 subdivision may not designate a property to be used by homeless 16 individuals to camp unless the department approves a plan described 17 by Section 2306.1123(b) 18 (b) Not later than the 30th day after the date the 19 department receives a plan submitted by a political subdivision 20 under this subchapter, the department shall make a final 21 determination regarding approval of the plan. 22 Sec. 2306.1123. PLAN REQUIREMENTS. (a) In this section, 23 "proposed new campers" means homeless individuals the applicant 24 intends to allow to camp at the property. 25 (b) A plan submitted for approval under this subchapter must 26 describe each of the following with respect to a proposed property: 27 (1) the availability of local health care for proposed 4 H.B. No. 1925 1 new campers, including access to Medicaid services and mental 2 health services; 3 (2) the availability of indigent services for proposed 4 new campers; 5 (3) the availability of reasonably affordable public 6 transportation for proposed new campers; 7 (4) local law enforcement resources in the area; and 8 (5) the steps the applicant has taken to coordinate 9 with the local mental health authority to provide for any proposed 10 new campers. 11 (c) An applicant shall respond to reasonable requests for 12 additional information made by the department regarding the 13 proposed property or plan. 14 Sec. 2306.1124. APPROVAL OF CERTAIN PROPERTY PROHIBITED. 15 The department may not approve a plan described by Section 16 2306.1123(b) if the department determines that a property proposed 17 under the plan is a public park. 18 SECTION 3. Subtitle C, Title 11, Local Government Code, is 19 amended by adding Chapter 364 to read as follows: 20 CHAPTER 364. ENFORCEMENT OF PUBLIC CAMPING BANS 21 Sec. 364.001. DEFINITIONS. In this chapter: 22 (1) "Local entity" means: 23 (A) the governing body of a municipality or 24 county; 25 (B) an officer or employee of or a division, 26 department, or other body that is part of a municipality or county, 27 including a sheriff, municipal police department, municipal 5 H.B. No. 1925 1 attorney, or county attorney; and 2 (C) a district attorney or criminal district 3 attorney. 4 (2) "Policy" includes a formal, written rule, 5 ordinance, order, or policy and an informal, unwritten policy. 6 (3) "Public camping ban" means a law, rule, ordinance, 7 order, or other regulation that prohibits camping in a public 8 place, including Section 48.05, Penal Code. 9 Sec. 364.002. POLICY ON CAMPING BANS. (a) A local entity 10 may not adopt or enforce a policy under which the entity prohibits 11 or discourages the enforcement of any public camping ban. 12 (b) In compliance with Subsection (a) , a local entity may 13 not prohibit or discourage a peace officer or prosecuting attorney 14 who is employed by or otherwise under the direction or control of 15 the entity from enforcing a public camping ban. 16 (c) This section does not prohibit a policy that encourages 17 diversion or a provision of services in lieu of citation or arrest. 18 Sec. 364.003. INJUNCTIVE RELIEF. (a) The attorney general 19 may bring an action in a district court in Travis County or in a 20 county in which the principal office of the entity is located to 21 enjoin a violation of Section 364.002. 22 (b) The attorney general may recover reasonable expenses 23 incurred in obtaining relief under this section, including court 24 costs, reasonable attorney's fees, investigative costs, witness 25 fees, and deposition costs. 26 Sec. 364.004. DENIAL OF STATE GRANT FUNDS. (a) A local 27 entity may not receive state grant funds, and state grant funds for 6 H.B. No. 1925 1 the local entity shall be denied, for the state fiscal year 2 following the year in which a final judicial determination in an 3 action brought under Section 364.003 is made that the entity has 4 intentionally violated Section 364.002. 5 (b) The comptroller shall adopt rules to implement this 6 section uniformly among the state agencies from which state grant 7 funds are distributed to a municipality or county. 8 (c) A local entity that has not violated Section 364.002 may 9 not be denied state grant funds, regardless of whether the entity is 10 a part of another entity that is in violation of that section. 11 SECTION 4. (a) Except as provided by Subsection (b) of this 12 section: 13 (1) Subchapter PP, Chapter 2306, Government Code, as 14 added by this Act, applies only to the designation and use of 15 property described by that subchapter that first begins on or after 16 the effective date of this Act; and 17 (2) the designation and use of property described by 18 Subchapter PP, Chapter 2306, Government Code, as added by this Act, 19 that first began before the effective date of this Act is governed 20 by the law in effect when the designation and use first began, and 21 the former law is continued in effect for that purpose. 22 (b) Subchapter PP, Chapter 2306, Government Code, as added 23 by this Act, applies to a public park, as described by Section 24 2306.1124, Government Code, as added by this Act, regardless of the 25 date that the public park was first designated by a political 26 subdivision to be used by homeless individuals to camp. 27 (c) A political subdivision that designated a property to be 7 H.B. No. 1925 1 used by homeless individuals to camp before the effective date of 2 this Act may apply on or after that date for approval of a plan under 3 Subchapter PP, Chapter 2306, Government Code, as added by this Act. 4 SECTION 5. This Act takes effect September 1, 2021. 8 H.B. No. 1925 President of the Senate Speaker of the House I certify that H.B. No. 1925 was passed by the House on May 6, 2021, by the following vote: Yeas 88, Nays 56, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1925 on May 28, 2021, by the following vote: Yeas 101, Nays 45, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 1925 was passed by the Senate, with amendments, on May 20, 2021, by the following vote: Yeas 27, Nays 4. Secretary of the Senate APPROVED: Date Governor 9