By: Creighton S.B. No. 2623

A BILL TO BE ENTITLED

AN ACT

relating to establishment and enforcement of school safety zones; providing a civil penalty.

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

SECTION 1. Subtitle C, Title 11, Local Government Code, is amended by adding Chapter 370A to read as follows:

CHAPTER 370A. ENFORCEMENT OF SCHOOL SAFETY ZONES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 370A.001. DEFINITIONS. In this chapter:

(1) "Emergency care" means bona fide emergency services provided after a sudden onset of a medical or traumatic condition manifested by acute symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to:

(A) place the patient's health in serious jeopardy;

(B) result in serious impairment to the patient's bodily functions; or

(C) result in serious dysfunction of any bodily organ or body part of the patient.

(2) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(3) "Navigation services" means services that assist individuals experiencing homelessness to access shelter, meals, medical care, substance abuse treatment, mental health services, employment resources, housing placement, and other services necessary for reintegration into stable living conditions. The term does not include the provision of emergency care or inpatient care.

(4) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.

(5) "School safety zone" means the premises of an independent school district campus that does not operate an adult education program or institution of higher education.

(6) "Service provider" means an organization or government-funded facility operator that provides navigation services.

(7) "Task force" means the safe schools and neighborhoods task force established under Section 370A.051.

Sec. 370A.002. APPLICABILITY OF CHAPTER. This chapter applies only to the provision of navigation services by a service provider using public funds to provide the services.

SUBCHAPTER B. SAFE SCHOOLS AND NEIGHBORHOODS TASK FORCE

Sec. 370A.051. TASK FORCE. (a) The safe schools and neighborhoods task force is established and is composed of 11 members appointed by the governor as follows:

(1) one member who represents the Department of Public Safety;

(2) one member who represents the attorney general;

(3) the chief of school safety and security for the Texas Education Agency;

(4) one member who represents the Texas Department of Housing and Community Affairs;

(5) one member who represents the Health and Human Services Commission;

(6) one member of the State Board of Education;

(7) one member who represents the Texas Higher Education Coordinating Board;

(8) one member who represents a faith-based service provider;

(9) one member who represents a nonprofit service provider;

(10) one member who represents the Texas Conference of Urban Counties; and

(11) one member who represents the Texas Municipal League.

(b) The governor shall appoint one member of the task force to serve as chair.

Sec. 370A.052. DUTIES. The task force shall:

(1) identify each facility in this state providing navigation services within 1,500 feet of a school safety zone;

(2) for each facility identified under this section:

(A) notify:

(i) the municipality in which the facility is located; or

(ii) if the facility is located in the unincorporated area of a county, the county in which the facility is located;

(B) identify:

(i) the service provider operating the facility; and

(ii) the specific services being provided at the facility;

(C) provide written notice to the facility and the service provider that, if the task force determines that the facility is providing navigation services within 1,500 feet of a school safety zone in violation of Section 370A.102, the service provider is required to stop providing navigation services at the facility not later than the 30th day after the date the service provider receives the written notice or be subject to the penalties provided by Section 370A.103; and

(D) determine whether a service provider that is required by Section 370A.102 to stop providing navigation services at the facility has stopped providing the services within the 30-day period prescribed by that section and give notice of the task force's determination to the municipality or county, as applicable, in which the facility is located; and

(3) develop and make legislative recommendations relating to the provision of navigation services, including:

(A) regulation of service providers; and

(B) policies or laws that the task force determines may be necessary to ensure the safe provision of navigation services.

Sec. 370A.053. REPORT. (a) Not later than January 1 of each even-numbered year, the task force shall provide a written report of the legislative recommendations of the task force described by Section 370A.052(3) to the governor, lieutenant governor, and each member of the legislature.

(b) The task force shall provide the initial written report required by Subsection (a) not later than September 1, 2026. This subsection expires January 1, 2027.

Sec. 370A.054. RECOMMENDATIONS ON LICENSING OF NAVIGATION SERVICES PROVIDERS. The task force shall, in consultation with the Texas Department of Housing and Community Affairs and the Department of State Health Services, develop recommendations on legislation to require a service provider to obtain a license from the Texas Department of Housing and Community Affairs to operate. Any recommendations developed under this section must be included in the task force's initial report under Section 370A.053. This section expires January 1, 2027.

SUBCHAPTER C. NAVIGATION SERVICES PROHIBITED NEAR SCHOOL SAFETY

ZONES

Sec. 370A.101. APPLICABILITY OF SUBCHAPTER. (a) This subchapter does not apply to navigation services provided:

(1) at a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code;

(2) at a facility located between 300 feet and 1,500 feet from a school safety zone, if:

(A) the service provider operating the facility demonstrates to the task force that the provision of navigation services at the facility does not affect school safety; and

(B) the task force, after consideration of the factors provided by Subsection (b), determines that the provision of navigation services at the facility does not affect school safety;

(3) within 1,500 feet of an institution of higher education, if the governing body of the institution by official action:

(A) elects to authorize the provision of navigation services within 1,500 feet of the institution; and

(B) gives notice of the governing body's determination under Paragraph (A) to the task force and the municipality and county within which the institution is located;

(4) at a facility located within 1,500 feet of an independent school district campus or institution of higher education that is more than 20 acres in area;

(5) by an independent school district to enrolled students and families of enrolled students of the district;

(6) by a municipal or county jail;

(7) by a hospital or health system or a contracted or employed affiliate of a hospital or health system operating under Chapter 241, Health and Safety Code;

(8) by a local mental health authority, as defined by Section 531.002, Health and Safety Code;

(9) by a local behavioral health authority designated by the Department of State Health Services under Section 533.0356, Health and Safety Code;

(10) by a hospital district created under the authority of Sections 4 through 11, Article IX, Texas Constitution;

(11) by a federally qualified health center as defined by 42 U.S.C. Section 1396d(l)(2)(B) or a federally qualified health center look-alike organized and operated under the authority of and in compliance with 42 U.S.C. Section 254b;

(12) by a facility offering chemical dependency treatment operating under Chapter 464, Health and Safety Code;

(13) by a facility offering a narcotic drug treatment program operating under Chapter 466, Health and Safety Code;

(14) by a mental health facility operating under Chapter 577, Health and Safety Code;

(15) by a family violence center operating under Chapter 51, Human Resources Code; or

(16) at a facility located within 1,500 feet of a school safety zone that is separated from the school safety zone by a state highway or controlled access highway.

(b) In determining whether the provision of navigation services at a facility does not affect school safety under Subsection (a)(2)(B), the task force shall consider:

(1) the effect of the provision of navigation services at the facility on public health and safety within 1,500 feet of the facility, including the number of calls for service from a law enforcement or fire protection agency or calls for emergency medical services to an address within 500 feet of the facility within the last 12 months;

(2) the type of clients the facility serves, including the degree to which the facility serves children, families, or single adults;

(3) the type of services the facility provides, including shelter, drug treatment, and mental health services;

(4) whether the facility requires clients to enter into a contract for service that prohibits the use of drugs or alcohol, and the effectiveness of the contract program; and

(5) support for or opposition to the facility from:

(A) individuals residing within 1,500 feet of the facility;

(B) businesses operating within 1,500 feet of the facility;

(C) elected officials of the municipality, county, or school district in which the facility is located; and

(D) other service providers of facilities that provide navigation services within 1,500 feet of a school safety zone.

Sec. 370A.102. PROHIBITION. (a) A service provider may not provide navigation services at a facility located within 1,500 feet of a school safety zone.

(b) A service provider that receives notice from the task force under Section 370A.052(2)(C) of the task force's determination that a facility operated by the service provider is providing navigation services within 1,500 feet of a school safety zone in violation of this section shall stop providing navigation services at the facility not later than the 30th day after the date the service provider receives the notice.

(c) A municipality or county that receives notice from the task force under Section 370A.052(2)(D) of the task force's determination that a facility has failed to stop providing navigation services within the 30-day period prescribed by Subsection (b) shall, not later than the seventh day after the date the municipality or county receives the notice:

(1) if the facility is operated by the municipality or county, stop providing navigation services at the facility; or

(2) if the facility is operated by a service provider, direct the police or sheriff's department, as applicable, to order the service provider operating the facility to stop providing navigation services at the facility.

Sec. 370A.103. ENFORCEMENT. (a) A service provider that the attorney general determines has violated Section 370A.102(a) and that does not stop providing navigation services as ordered under Section 370A.102(c) is liable to this state for a civil penalty of $5,000 for each day after the date the service provider receives an order under Section 370A.102(c).

(b) The attorney general may bring an action:

(1) for injunctive relief or to recover a civil penalty under this section; and

(2) to direct the secretary of state to revoke or terminate a service provider's registration or certificate of formation.

(c) Governmental immunity to suit and from liability is waived to the extent of liability created by this section.

(d) The attorney general may recover reasonable attorney's fees and court costs incurred in bringing an action under this section.

Sec. 370A.104. PROHIBITION ON CERTAIN INDEPENDENT SCHOOL DISTRICT CAMPUS LOCATIONS. (a) An independent school district may not locate a new campus within 1,500 feet of a facility:

(1) that is providing navigation services; and

(2) at which the service provider operating the facility intends to provide navigation services at the time the new independent school district campus is open to students.

(b) An independent school district may not reopen a closed campus or other property serving students of the district if the campus or other property is located within 1,500 feet of a facility providing navigation services.

(c) A school district board of trustees shall consult with the task force to implement this section.

SECTION 2. As soon as practicable after the effective date of this Act, the governor shall appoint members to the safe schools and neighborhoods task force established by Section 370A.051, Local Government Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.