Mass violence fund eligibility starts at the second year mark

The text as introduced · 836 words

By: Plesa
H.B. No. 5644

A BILL TO BE ENTITLED

AN ACT

relating to a Mass Violence Care Fund to assist victims of mass

violence with unreimbursed medical expenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 56B, Code of Criminal

Procedure, is amended by adding Article 56B.110 to read as follows:

Art. 56B.110. MASS VIOLENCE CARE FUND

Section 1. Definitions. In this section:

(1) "Commission" means the Texas Judicial Branch

Certification Commission or other appropriate agency overseeing

victim compensation.

(2) "Mass violence event" means an intentional

criminal act resulting in physical injury to three or more

individuals, excluding the perpetrator, occurring in a public space

within close geographical proximity.

(3) "Victim of mass violence" means a person who has

suffered physical, emotional, or psychological injury as the direct

result of a mass violence event. "Victim of mass violence" includes

a person who directly suffered the physical, emotional, or

psychological injury through their physical presence during an

event or, if such person was physically injured or killed, such

person's spouse, child, parent, sibling, legal guardian or other

family or household member (such as a caretaker).

Section 2. Establishment of the Mass Violence Care Fund.

(a) The Mass Violence Care Fund (the "Fund") is established

as a permanent non-reverting fund within the Crime Victims'

Compensation Fund to cover both past, current and future victims of

mass violence in the state, to be administered by the Office of the

Texas Attorney General.

(b) The Fund consists of:

(1) Legislative appropriations designated for this

purpose;

(2) Gifts, donations, grants, and other

contributions;

(3) Investment earnings, interest, and returns on

capital; and

(4) Any other funds designated by law.

Section 3. Investment and Management:

(a) The Texas Comptroller shall invest the Fund's principal

in accordance with the Public Funds Investment Act (Texas

Government Code, Chapter 2256), using strategies that ensure

capital preservation and growth.

(b) Only the interest, investment income, and dividends

generated from the Fund may be used to reimburse victims of mass

violence, ensuring the principal remains intact.

(c) The interest and investment earnings and remaining

funds at year end shall be reinvested into the Fund until a

threshold amount, determined by the Attorney General in

consultation with the Comptroller, is reached to sustain long-term

disbursements.

(d) The Fund shall operate as a self-sustaining,

non-reverting financial resource, with annual disbursements capped

at the amount of accrued investment earnings to ensure its

long-term viability.

Section 4. Administration and Disbursement.

(a) The Office of the Attorney General shall adopt rules for

the administration of the Fund, including:

(1) Application procedures; and

(2) Eligibility criteria.

(a) The Commission will determine if, in fact, a crime was

committed or attempted, and the extent, if any, to which the victim

or claimant was responsible for his own injury. These such data

shall include prior adult arrest records and juvenile court

disposition records of the offender. For such purposes and in

accordance Texas Family Code Section 58.005 and 58.007, the

Commission may also acquire from the juvenile and domestic

relations district courts a copy of the order of disposition

relating to the crime. The use of any information received by the

Commission pursuant to this subdivision shall be limited to

carrying out the purposes set forth in this section, and this

information shall be confidential and shall not be disseminated

further. The agency from which the information is requested may

submit original reports, portions thereof, summaries, or such other

configurations of information as will comply with the requirements

of this section.

(i) The eligibility for re-imbursement for out-of-pocket

expenses not otherwise covered commences at the second year mark of

the mass violence event.

(b) Maximum compensation limits per claimant,

(c) A victim of mass violence is eligible for reimbursement

if:

(i) The victim has been a victim of a mass violence

event,

(ii) The Fund shall prioritize reimbursement as soon

as possible following the event, with consideration given to the

time elapsed since the occurrence of the mass violence event.

(b) Payments from the Fund shall not be subject to

garnishment, lien, or attachment, except for medical expenses

related to the mass violence event.

Section 5. Reporting and Oversight.

(a) The Texas Comptroller shall oversee financial

management of the Fund.

(b) The Attorney General shall submit an annual report to

the Governor and Texas Legislature, detailing:

(1) Total funds disbursed;

(2) Number of claims processed; and

(3) Fund sustainability recommendations.

(c) The Mass Violence Care Fund Advisory Board is

established to review the Fund's operations and provide

recommendations. The board shall include representatives from:

(1) Victim services organizations;

(2) The Texas Department of Public Safety; and

(3) The Texas Health and Human Services Commission.

(d) The Governor's Office shall appoint the members of the

Advisory Board.

Section 6. IMPLEMENTATION

The Office of the Attorney General shall implement the

provisions of this Act no later than one year after its effective

date.

Section 7. This Act takes effect September 1, 2025, if

enacted by the Texas Legislature.