| (a) Purpose. Subchapter PP of Chapter 2306, Texas Government
Code, Property Designated by Political Subdivision for Camping by
Homeless Individuals, was enacted in September 2021. §2306.1122
provides that a Political Subdivision may not designate a property
to be used by homeless individuals to Camp unless the Department has
approved a Plan as further described by Subchapter PP. This rule provides
the Department's policies for such Plans, including the process for
Plan submission, Plan requirements, the review process, and the criteria
by which a Plan will be reviewed by the Department.
(b) Applicability.
(1) This rule applies only to the designation and use
of a property designated for camping by homeless individuals that
first begins that use on or after September 1, 2021, except that the
rule and requirements of Subchapter PP, Chapter 2306, Texas Government
Code, do not apply to a Proposed Property to be located on/in a Public
Park. Public Parks are ineligible to be used as a Camp by homeless
individuals per Subchapter PP, Chapter 2306, Texas Government Code.
(2) The designation and use of a Proposed Property
described by Subchapter PP, Chapter 2306, Government Code that first
began before September 1, 2021, is governed by the law in effect when
the designation and use first began, and the former law is continued
in effect for that purpose.
(3) A Political Subdivision that designated a property
to be used by homeless individuals to Camp before September 1, 2021,
may apply on or after that date for approval of a Plan pursuant to
this section.
(4) A Political Subdivision that authorizes camping
under the authority of §48.05(d)(1), (3) or (4), Texas Penal
Code, are not required to submit a Plan for those instances.
(c) Definitions.
(1) Camp--Has the meaning assigned by Section 48.05
of the Texas Penal Code.
(2) Department--The Texas Department of Housing and
Community Affairs.
(3) Plan--Specifically an application drafted by a
Political Subdivision, submitted to the Department by the Political
Subdivision, with the intention of meeting the requirements provided
for in subsection (e) of this section (relating to Threshold Plan
Requirements).
(4) Plan Determination Notice--The notification provided
by the Department to the Political Subdivision stating a Plan's Approval
or Denial.
(5) Political Subdivision--A local government as defined
in Chapter 2306, Texas Government Code.
(6) Proposed New Campers--Homeless individuals that
the Political Subdivision intends to allow to Camp at the Proposed
Property for which a Plan is submitted.
(7) Proposed Property--That property proposed for use
for Proposed New Campers and submitted in the Plan, owned, controlled,
leased, or managed by the Political Subdivision.
(8) Public Park--Any parcel of land dedicated and used
as parkland, or land owned by a political subdivision that is used
for a park or recreational purpose that is under the control of the
political subdivision, which is designated by the political subdivision.
(d) Plan Process.
(1) Submission.
(A) Plans may be submitted at any time. Plan resubmissions
may also be submitted at any time.
(B) All Plans must be submitted electronically to campingplans@tdhca.state.tx.us.
(C) At least one designated email address must be provided
by the Political Subdivision; all communications from the Department
to the Political Subdivision regarding the Plan will be sent to that
email address. No communication will be sent by traditional postal
delivery methods. Up to two email contacts may be provided.
(2) Review Process.
(A) Upon receipt, Department staff will send a confirmation
email receipt to the designated email address and initiate review
of the Plan. The Plan will be reviewed first to determine that all
information specified in subsection (e) of this section (relating
to Threshold Plan Requirements) have been included and that sufficient
information has been provided by which to evaluate the Plan against
the Plan Criteria provided for in subsection (f) of this section (relating
to Plan Criteria).
(B) If a Plan as submitted does not sufficiently meet
the requirements of §2306.1123, Texas Government Code, and subsection
(e) of this section, or does not provide sufficient explanation by
which to assess the Plan Criteria provided for in subsection (f) of
this section, staff will issue the Political Subdivision a notice
of deficiency. The Political Subdivision will have five calendar days
to fully respond to all items requested in the deficiency notice.
(i) For a Political Subdivision that satisfies all
requested deficiencies by the end of the five calendar day period,
the review will proceed.
(ii) For a Political Subdivisions that does not satisfy
all requested deficiencies by the end of the five calendar day period,
no further review will occur. A Plan Determination Notice will be
issued notifying the Political Subdivision that its Plan has been
denied and stating the reason for the denial. The Political Subdivision
may resubmit a Plan at any time after receiving a Plan Determination
Notice.
(C) Plan Determination Notice.
(i) Upon completion of the review by staff, the Political
Subdivision will be notified that its Plan has been Approved or Denied
in a Plan Determination Notice.
(ii) Not later than the 30th day after the date the
Department receives a plan or resubmitted Plan, the Department will
make a final determination regarding approval of the Plan and send
a Plan Determination Notice to the Political Subdivision. For a Political
Subdivision that had a deficiency notice issued, and that satisfied
all requested deficiencies by the end of the five calendar day period,
the Department will strive to still issue a final determination notice
by the 30th day from the date the Plan was originally received, however
the date of issuance of the Plan Determination Notice may extend past
the 30th day by the number of days taken by the Political Subdivision
to resolve the deficiencies.
(iii) A Political Subdivision may appeal the decision
in the Plan Determination Notice using the appeal process outlined
in §1.7 of this chapter (relating to Appeals Process).
(D) Reasonable Accommodations may be requested from
the Department as reflected in §1.1 of this subchapter (relating
to Reasonable Accommodation Requests to the Department).
(e) Threshold Plan Requirements. A Plan submitted for
approval to the Department must include all of the items described
in paragraphs (1) - (8) of this subsection for the property for which
the Plan is being submitted:
(1) pertinent contact information for the Political
Subdivision as specified by the Department in its Plan template;
(2) the physical address or if there is no physical
address the legal description of the property;
(3) the estimated number of Proposed New Campers to
be located at the Proposed Property;
(4) a description with respect to the property of the
five evaluative factors that addresses all of the requirements described
in subparagraphs (A) - (E) of this paragraph:
(A) Local Health Care. Provide:
(i) A description of the availability of local health
care for Proposed New Campers, including access to Medicaid services
and mental health services;
(ii) A description of the specific providers of the
local health care and mental health services available to Proposed
New Campers. Local health/mental health care service providers do
not include hospitals or other emergency medical assistance, but contemplate
access to ongoing and routine health and mental health care. Providers
of such services can include, but are not limited to: local health
clinics, local mental health authorities, mobile clinics that have
the location in their service area, and county indigent healthcare
programs;
(iii) A description or copy of a communication from
the Texas Department of Health and Human Services specific to the
Political Subdivision and specific to the population of homeless individuals
must be provided to establish the availability of access to Medicaid
services;
(iv) A map or clear written description of the geographic
proximity (in miles) of each of those providers to the Proposed Property;
(v) The cost of such care and services, whether those
costs will be borne by the Proposed New Campers or an alternative
source, and if an alternative source, then what that source is; and
(vi) A description of any limitations on eligibility
that each or any of the providers may have in place that could preclude
Proposed New Campers from receiving such care and services from the
specific providers.
(B) Indigent Services. Provide:
Cont'd... |
