By: Gutierrez, et al. S.B. No. 574
  relating to the creation of the School Violence Victims'
  Compensation Fund
         SECTION 1.  Title 4, Government Code, is amended by adding to
  Chapter 403, subchapter S to read as follows:
         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
         (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
               (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
                     (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
         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
         (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:
         Sec. 164.001.  IMPOSITION AND RATE OF TAX. (a) A tax is
  imposed on every retail sale of firearms or ammunition sold in this
         (b)  The tax rates are:
               (1)  five cents per round of ammunition for a firearm;
               (2)  $50.00 per firearm.
  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.