Payments for people harmed in public school gun incidents

The text as introduced · 886 words

By: Gutierrez
S.B. No. 1710

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 U to read as follows:

SUBCHAPTER U. 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) $500,000 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. This compensation shall be cumulative of all

other remedies, benefits, or compensation provided for by law.

SECTION 3. 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, 2025.