HomeMy WebLinkAbout2021-052 Legislative Update - HB 1925Date: July 30, 2021 Report No. 2021-052
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT: State Legislative Update – HB 1925
BACKGROUND:
HB 1925 prohibits camping in a municipally-owned public space, with exceptions, unless
permission to allow such camping is received by the state. The bill creates a Class C Misdemeanor
punishable by a fine of up to $500 for those who are cited under the statute and details an entity
may not adopt a policy that prohibits or discourages the enforcement of any public camping ban.
DISCUSSION:
This bill went through many iterations and amendments over its course of becoming legislation.
Its significant stipulations include:
Any ordinance passed by a political subdivision may not be less stringent and preempts
any attempt at creating less stringent of policies.
Requirements that before officers issue a camping citation, they must:
o Advise the person where they may lawfully camp; and
o Contact the appropriate city official or nonprofit agency and request that the
person be provided with information regarding prevention of human trafficking,
any other services that would reduce the need for the person to camp.
Requirements that any officer must preserve any arrested or detained person’s personal
property by:
o Allowing the person to remove the property; and
o Taking custody of the property and allowing the person to retrieve the property
after the person is released from custody.
The prohibition of an entity to designate a specific place to be used by people
experiencing homelessness to camp unless specifically approved by the Texas
Department of Housing and Community Affairs (TDHCA). The bill also prohibits any
approved TDHCA location being a public park.
The authorization by the attorney general to bring a case to district court if a local entity
is found to have discouraged the enforcement of the camping ban.
Provisions that an entity may not receive state grant funds for the state fiscal year
following the year in which a final judicial determination in an action sought and
determined in district court.
The also bill specifically stipulates that, if determined there is an imminent threat to the health or
safety of a person and compliance is impracticable by the citing officer, the requirements of
advising people of where they may lawfully camp or being provided information about trafficking
by the appropriate agency are not applicable.
HB1925 is currently being evaluated to determine if any updates to any City program, ordinances,
or process need to be updated to ensure compliance with the legislation.
Date: July 30, 2021 Report No. 2021-052
Current City Ordinance on Camping in Parks
Chapter 22 - Parks and Recreation, Article II. ‐ Park Rules
Sec. 22‐27. ‐ Hours of operation. The city parks shall be closed to the public between the hours of
10:00 p.m. and 6:00 a.m. on the following day, and it shall be unlawful for any person to enter or
be found in city parks between such hours, except for events approved or scheduled by the parks
and recreation department or city council. (Code 1966, § 15-8)
Sec. 22‐31. ‐ Prohibited acts. (7) Camp in a park other than in an area designated by and with the
written permission of the parks and recreation department; (Code 1966, § 15-6; Ord. No. 89-013,
§ I, 1-17-89; Ord. No. 2003-091, § 2, 3-25-03)
Homeless Outreach Officers
The Denton Police Department’s Homeless Outreach Team (HOT) employs two full-time officers
who engage with people living unsheltered. HOT partners with Giving HOPE, a local nonprofit,
to connect people living unsheltered to housing, mental health, substance use treatment and other
resources. HOT responds to community requests and proactively connects with people living
unsheltered to address any health and safety concerns and help people move from homeless to
housed.
Guidelines for Unsheltered Encampment on City Property
The City has developed a process to identify, assess, outreach, and if necessary clean sites where
people are living unsheltered on public property is active and a public health or public safety
concern is present. The process outreach/engagement can be immediate or may carry out over a
period of days, months or more if the site is not determined to be an immediate threat to public
health and safety and does not present any life safety threats.
Outreach/Engagement Goals:
• Monitor the site for any immediate threat to public health and safety and any life safety
threats;
• Engages people experiencing homeless at the site;
• Complete intake assessments including basic demographic information of any person
sleeping or storing personal and if possible complete Coordinated Entry (VI-SPDAT) to
get the unsheltered person on the housing priority list for housing as available;
• Makes referrals to shelter, temp or permanent housing and other services as needed;
• If available, provides immediate transportation to shelters, and/or
• Provides Diversion - family re-unification, if eligible.
This bill takes effect on September 1, 2021.
CONCLUSION:
Staff will internally discuss any impacts of this bill and make any and all necessary changes to
policies and procedures for those teams directly affected.
Date: July 30, 2021 Report No. 2021-052
STAFF CONTACT:
Ryan Adams
Customer Service & Public Affairs
Ryan.Adams@cityofdenton.com
Rachel Balthrop Mendoza
City Manager’s Office
Rachel.Mendoza@cityofdenton.com
REQUESTOR:
Staff Initiated