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.