Bill Text: TX SB574 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the creation of the School Violence Victims' Compensation Fund.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2023-02-17 - Referred to State Affairs [SB574 Detail]

Download: Texas-2023-SB574-Introduced.html

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By: Gutierrez, et al. S.B. No. 574

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the School Violence Victims'
Compensation Fund
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Government Code, is amended by adding to
Chapter 403, subchapter S to read as follows:
SUBCHAPTER S. GENERAL PROVISIONS
Sec. 403.601. SHORT TITLE. This chapter may be cited as the
School Violence Victims' Compensation Act.
Sec. 403.602. LEGISLATIVE FINDINGS AND INTENT. (a) The
legislature recognizes that it shall be the duty of the legislature
to establish and make suitable provision for the support and
maintenance of an efficient system of public free schools. The
legislature further finds that a public school system in which
Texas students are not safe from gun violence is not efficient nor
suitable. The legislature also finds that there is a public
calamity in relation to gun violence in Texas public schools
necessitating a grant of aid to the students, teachers, and
educational support personnel that have been victims of gun
violence.
(b) It is the legislature's intent that the compensation
provided to the innocent victims of the violent gun-related crime
that have occurred and will occur at Texas public schools
ameliorates the pain caused by those attacks.
Sec. 406.603. DEFINITIONS. In this chapter:
(1) "Claimant" means any of the following individuals,
other than a service provider, who is entitled to file or has filed
a claim for compensation under this chapter:
(A) an authorized individual acting on behalf of
a victim;
(B) a dependent of a victim who died or was
injured as a result of the criminally injurious conduct;
(C) an immediate family member or a household
member of a victim;
(D) an authorized individual acting on behalf of
a child described by Paragraph (B) or (C).
(2) "Household member" means an individual who:
(A) is related by consanguinity or affinity to
the victim or is the legal guardian of the victim; and
(B) resided in the same permanent household as
the victim at the time that the criminally injurious conduct
occurred.
(4) "Immediate family member" means an individual who
is related to a victim within the second degree by consanguinity or
affinity or is a legal guardian of the victim.
(5) "Victim" means an individual who suffered personal
injury or death as a result of a gun-related incident in a Texas
public school since January 1, 2018.
Sec. 403.604 TYPES OF ASSISTANCE. (a) On receiving and
reviewing an application for compensation under Section 403.605,
the Comptroller shall authorize a cash payment within 60 days to a
victim, a victim's immediate family, or a member of the household of
the victim if the victim was seriously physically injured,
murdered, or suffering from mental or emotional disability on
account of a gun-related incident in a Texas public school.
(b) After certifying the veracity of the application, the
Comptroller shall authorize the following cash payment to a victim,
a victim's immediate family, or a member of the household of the
victim:
(1) $1,000,000 dollars per deceased victim
payable to the victim's immediate surviving family or members of
the household;
(2) $250,000 dollars per seriously physically
injured victim payable to the victim;
(3) $100,000 dollars per mental or emotional
disability victim payable to the victim; and
(4) $50,000 per physically injured victim
payable to the victim.
(c) Upon reviewing the totality of factual circumstances
surrounding the application, the Comptroller may divide the award
between members of the immediate family, household, or legal
guardians.
Sec. 403.605. APPLICATION FOR COMPENSATION. (a) An
applicant for compensation under this chapter must apply in writing
on a form prescribed by the Comptroller.
(b) An application for compensation under this chapter must
be verified and contain:
(1) the date on which the injurious conduct occurred;
(2) a description of the nature and circumstances of
the injurious conduct;
(3) a statement indicating the extent of the
psychological or physical injury caused by the injurious conduct,
including any disability resulting from the injury incurred;
(4) an authorization permitting the board to verify
the contents of the application; and
(5) the relationship by consanguinity, affinity, or
legal guardianship to any victim of a gun-related incident in a
Texas public school.
Sec. 403.606. REVIEW OF APPLICATION. (a) The Comptroller
shall review each application for compensation described by Section
403.605 to ensure the application is complete.
(b) The Comptroller shall return to the claimant or victim
any application that is incomplete and shall provide a brief
statement showing the additional information required. Not later
than the 30th day after the date of receiving a returned
application, a claimant or victim may provide the additional
information.
(c) The Comptroller may investigate an application.
(d) As part of the Comptroller's review and verification
duties under this subchapter, the Comptroller may investigate the
application for truthfulness.
Sec. 403.607. METHOD OF PAYMENT. The Comptroller shall pay
an award in a lump sum.
SECTION 2. Title 2, Tax Code, by adding Chapter 164 to read
as follows:
CHAPTER 164. FIREARM AND AMMO TAX
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 164.001. IMPOSITION AND RATE OF TAX. (a) A tax is
imposed on every retail sale of firearms or ammunition sold in this
state.
(b) The tax rates are:
(1) five cents per round of ammunition for a firearm;
and
(2) $50.00 per firearm.
Sec. 164.002. DEDICATION TO THE SCHOOL VIOLENCE
VICTIMS'COMPENSATION FUND. The revenue collected from any tax
imposed by this chapter, and deposited to the general revenue fund
may only be spent to fund the School Violence Victims' Compensation
Fund under Subchapter S, Chapter 403, Government Code.
SECTION 3. This compensation shall be cumulative of all
other remedies, benefits, or compensation provided for by law.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.