13-03-2025
Austin police opposing bill that would give DPS control of Congress Avenue downtown
A bill that would make the Texas Department of Safety the primary law enforcement agency along Congress Avenue downtown is facing staunch opposition from the Austin Police Department.
House Bill 470, filed by Lubbock Republican Rep. Carl Tepper, would give DPS principal jurisdiction over the 18 blocks on each side of Congress between 10th Street, near the Capitol, and Lady Bird Lake.
Austin Police Chief Lisa Davis was the first to testify against the bill at a hearing on Wednesday, telling members of the House State Affairs Committee that the legislation would undermine her department's budget and her staff's morale — two of her biggest priorities since taking office six months ago.
"Money's already been removed from the Austin Police Department," Davis said, referring to the reductions made by the Austin City Council in 2020.
As written, the bill would allow the state comptroller's office to withhold some municipal sales taxes from the city of Austin to pay for DPS operations in the 18-block area. Davis said the total amount would be "in the millions" and noted that APD is currently allowed to request assistance from DPS at any time at no additional cost.
The bill's author, Lubbock Republican Rep. Carl Tepper, on Wednesday urged the committee to consider the bill because of a spike in Austin's post-pandemic crime rate in 2022 — an increase that Davis said has since subsided.
In an interview with the American-Statesman, Tepper said that he was particularly concerned about the amount of people experiencing homelessness on Congress and surrounding streets and the occasional threats they have made to legislative staff. If the bill passes, he said he would like to see DPS use "more seriousness and more aggression" in patrols.
But he emphasized that the bill was "not an attack on the APD." Rather, he described it as "a referendum on the competency of the leadership of the city of Austin."
"I have no confidence in them, and they don't need to be playing any tricks with their budget to defund APD or to manipulate their agreements with their police association and their contracts," he said.
Davis dismissed Tepper's claims about a rise in crime at the hearing, saying that crime has since dropped with a 15% year-to-date decrease in violent crime downtown and a 30% year-to-date decrease in homicides citywide.
"This narrative that Austin is dangerous is not accurate," Davis said. "I was brought here to address morale, retention and recruitment. If this happens, you're going to see morale go down for these officers."
Davis said she's increased APD's presence in downtown Austin by 40% since she took the job, with the creation of a "downtown Austin response team." She also told the committee there have been no issues with the reopening of East Sixth Street on weekends to car traffic — or during South by Southwest, which is ongoing.
DPS representatives were not present at the hearing and did not testify before the committee. In an email to the American-Statesman on Thursday, DPS spokesperson Sheridan Nolen said the department "does not discuss pending legislation."
Former Dallas police chief Eddie Garcia, who now oversees APD as an assistant city manager, also testified against the bill, saying it would create confusion over who's in charge in downtown Austin.
"We believe HB 470 undermines our progress, creates confusion," Garcia said. "Who's in charge? Who responds? Our officers are working hard, and we're seeing results. Our men and women need support. They've been through a lot, they've been vilified, they've not felt supported. And this isn't support."
Garcia said discussions between APD and DPS regarding HB 470 only began on Tuesday, a day before the committee hearing.
Michael Bullock, president of the Austin Police Association, took a neutral position on the bill in his Wednesday testimony.
He reminded the committee that the Austin City Council had previously agreed to pull significant funding from APD in 2020, and expressed concern that this bill would again put the department in a financially precarious position.
"Poor decisions have been made by councils in the past, and we can't always guarantee what is going to happen in the future, and that is a concern that is top of mind for a lot of officers," Bullock said. "If a bill were to come, a financial impact were to come to the city, then ultimately the department would be the ones that are expected to foot that bill, which would result in a reduction of services rather than an increase."
Rep. Richard Peña Raymond, a Democrat from Laredo who serves on the committee, said he would support the bill, with the caveat that no funds should be withdrawn from APD's budget.
"I'll support this bill, but what I would like to see is that we don't take money from you," Raymond told Davis. "We've got plenty of money in our state budget, I believe, to cover this without taking money from the city."
HB 470 was left pending at the end of the committee hearing.
This article originally appeared on Austin American-Statesman: APD opposing bill to give DPS control of Congress Avenue downtown
