| (i) A description of the availability of indigent services
for Proposed New Campers. For purposes of this factor, indigent services
are any services that assist individuals or households in poverty
with their access to basic human needs and supports. Indigent service
providers include, but are not limited to: community action agencies,
area agencies on aging, mobile indigent service providers that have
the location in their service area; and local nonprofit or faith-based
organizations providing such indigent services;
(ii) A description of the specific providers of the
services and what services they provide;
(iii) A map or clear written description of the geographic
proximity (in miles) of each of those providers to the Proposed Property;
and
(iv) A description of any limitations on eligibility
that each or any the providers may have in place that could preclude
Proposed New Campers from receiving such services from the specific
providers.
(C) Public Transportation. Provide:
(i) A description of the availability of reasonably
affordable public transportation for Proposed New Campers. Reasonably
affordable for the purposes of this Section means the rate for public
transportation for the majority of users of that public transportation;
if for instance the standard bus fare in an area is $2 per ride, then
that rate is considered the reasonable affordable rate for the Proposed
Property; Proposed New Campers should not have to pay a rate higher
than that standard fare;
(ii) A description of the specific providers of the
public transportation services and their prices;
(iii) A description of the closest proximity of the
property to a specified entrance to a public transportation stop or
station, with a sidewalk or an alternative pathway identified by the
Political Subdivision for pedestrians, including a map of the closest
stop and public transportation route shown in relation to the Proposed
Property;
(iv) A description of the route schedule of the closest
proximate public transportation route; and
(v) If public transportation is available upon demand
at the property location, identification 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 transportation services from
that specific on-demand provider.
(D) Law Enforcement Resources. Provide:
(i) A description of the local law enforcement resources
in the area;
(ii) The description should include a brief explanation
of which local law enforcement patrol beat covers the Proposed Property;
(iii) A description of local law enforcement resources
and local coverage in several other census tracts or law enforcement
beats/areas with similar demographics to that of the beat/area of
the Proposed Property to provide a comparative picture;
(iv) a description of any added resources for the area
or proposed specifically for the property, and how proximate those
resources are; and
(v) any explanation of reduced (or lower than typical
of similar demographic areas) local law enforcement coverage in the
area.
(E) Coordination with Local Mental Health Authority.
Provide:
(i) a description of the steps the Political Subdivision
has taken to coordinate with the Local Mental Health Authority to
provide services for any Proposed New Campers; and
(ii) a description must include documentation of meetings
or conversations, dates when they occurred, any coordination steps
resulting from the conversations, and whether any ongoing coordination
is intended for the Proposed Property.
(5) The Political Subdivision must provide evidence
that establishes that the property is not a Public Park. Evidence
must include documentation addressing the definition of a Public Park
as defined in subsection (c)(8) of this section.
(6) Plans should be limited in length. Plans in excess
of 15 pages of text, not including documentation and attachments,
will not be reviewed.
(7) The Political Subdivision must include documentation
that the site will include basic human sanitation services including
toilets, sinks, and showers. Such facilities may be temporary fixtures
such as portable or mobile toilets, sinks and showers.
(8) Any Plan that is a resubmission of a denied Plan,
submitted again for the same Proposed Property, must include a short
summary at the front of the Plan explaining what has been changed
in the resubmitted Plan from the original denied Plan.
(f) Plan Criteria
(1) Approval. In no case will a Plan be approved if
the Department has determined that the Proposed Property referenced
in a Plan is a Public Park as defined in subsection (c)(6) of this
section. Plans for other properties will be approved if the five factors
are satisfied as described in subparagraphs (A) - (E) of this paragraph:
(A) Local health care, including access to Medicaid
services (or other comparable health services) and mental health services,
are within one mile of the Proposed Property, are accessible via public
transportation, can be provided on-site by qualified providers, or
transportation is provided (which includes mobile clinics that have
the location in their service area), and the Political Jurisdiction
commits to a goal that such services are available at little, low
or no cost for at least 50% Proposed New Campers (some limited exceptions
from providers as may be described in accordance with subsection (d)(5)(A)(v)
of this section will not preclude approval for this factor);
(B) There are indigent services providers that have
locations within one mile of the Proposed Property, are accessible
via public transportation, can provide services on-site, or transportation
is provided (which includes mobile indigent service providers that
have the location in their service area), and the Political Subdivision
commits to a goal that such services are available for at least 50%
of Proposed New Campers are expected to be eligible;
(C) The property is within 1/2 mile or less from a
public transportation stop or station that has scheduled service at
least several times per day for at least six days per week, or there
is on demand public transportation available, and the Political Subdivision
commits to a goal that at least 50% of the Proposed New Campers are
eligible for that on-demand public transportation;
(D) The local law enforcement resources for the patrol
zone or precinct that includes the Proposed Property are not materially
less than those available in other zones or precincts of the local
law enforcement entity, unless the Political Subdivision provides
a specific plan for security in and around the property that the Political
Subdivision has determined is appropriate for law enforcement services
in that area; and
(E) the Political Subdivision has had at least one
meeting to discuss initial steps and coordination with the Local Mental
Health Authority, specific to this particular Proposed Property and
the volume/service needs of Proposed New Campers.
(2) A Plan that meets at least four of the five factors
in paragraph (1) of this subsection, may be approved if significant
and sufficient mitigation is provided that delivers similarly comprehensive
resources as required, to justify how the remaining factor not met
will still be sufficiently addressed through some other means.
(3) Denial. An Application that does not meet all of
the requirements in paragraph (1) of this subsection, or that does
not meet the requirements of paragraph (2) of this subsection will
be issued a Plan Determination Notice within 30 days of Plan application
(which may be extended by the amount of calendar days the Political
Subdivision took to respond to deficiencies) reflecting denial.
(g) Information Sharing. When the Department receives
a complaint under §1.2 of this subchapter (relating to Department
Complaint System to the Department) or information that a Political
Subdivision is allowing camping by homeless individuals on a property
that is not the subject of a Plan approved under this section, the
Department will refer such information to the Office of the Attorney
General, for possible action under Chapter 364, Local Government Code,
or other law.
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