89R6252 DRS-D
 
  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)  "Homeless services" mean services intended
  primarily to benefit individuals experiencing homelessness.  The
  term includes services for shelter, medical care, meals, drug
  rehabilitation, job training, financial assistance, and mental
  health treatment.
               (2)  "Institution of higher education," "playground,"
  "premises," and "school" have the meanings assigned by Section
  481.134, Health and Safety Code.
               (3)  "Provider organization" means a nongovernmental
  entity providing homeless services.
               (4)  "School safety zone" means the premises of an
  institution of higher education, playground, or school.
               (5)  "Task force" means the school safety zones task
  force established under Section 370A.051.
  SUBCHAPTER B.  SCHOOL SAFETY ZONES TASK FORCE
         Sec. 370A.051.  TASK FORCE. The school safety zones task
  force is established and is composed of four members appointed by
  the governor as follows:
               (1)  one member that represents the Department of
  Public Safety;
               (2)  one member that represents the attorney general;
               (3)  one member that represents the Texas Education
  Agency; and
               (4)  one member that represents the Texas Department of
  Licensing and Regulation.
         Sec. 370A.052.  DUTIES. The task force shall:
               (1)  identify each facility in this state providing
  homeless services within 1.5 miles of a school safety zone; and
               (2)  for each facility identified under this section,
  notify:
                     (A)  the municipality in which the facility is
  located; or
                     (B)  if the facility is located in the
  unincorporated area of a county, the county in which the facility is
  located.
         Sec. 370A.053.  REPORT. Not later than January 1 of each
  odd-numbered year, the task force shall provide a written report
  and recommendations relating to the provision of homeless services
  near school safety zones to the governor, lieutenant governor, and
  speaker of the house of representatives.
         Sec. 370A.054.  RECOMMENDATIONS ON LICENSING OF HOMELESS
  SERVICES FACILITIES. The task force shall, in consultation with
  the Texas Department of Licensing and Regulation, develop
  recommendations on legislation to require a facility providing
  homeless services to obtain a license from the Texas Department of
  Licensing and Regulation to operate. Any recommendations developed
  under this section must be included in the task force's initial
  report under Section 370A.053. This subsection expires January 1,
  2028.
  SUBCHAPTER C.  HOMELESS SERVICES PROHIBITED NEAR SCHOOL SAFETY
  ZONES
         Sec. 370A.101.  APPLICABILITY OF SUBCHAPTER. This
  subchapter does not apply to homeless services provided 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.
         Sec. 370A.102.  PROHIBITION. (a)  A municipality, county,
  or provider organization may not provide homeless services within
  1.5 miles of a school safety zone.
         (b)  A municipality or county that receives notice under
  Section 370A.052 of a facility operating within 1.5 miles of a
  school safety zone 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 homeless services at the facility; or 
               (2)  if the facility is operated by a provider
  organization, direct the police or sheriff's department, as
  applicable, to order the provider organization to stop providing
  homeless services at the facility.
         Sec. 370A.103.  ENFORCEMENT: VIOLATION BY PROVIDER
  ORGANIZATION.  (a)  A provider organization that the task force
  determines has violated Section 370A.102(a) and that does not stop
  providing homeless services as ordered under Section 370A.102(b) is
  liable to this state for a civil penalty in an amount not to exceed
  $50,000 for each day after the date the organization receives an
  order under Section 370A.102(b).
         (b)  The attorney general may bring an action to:
               (1)  recover a civil penalty under this section; and
               (2)  direct the secretary of state to revoke or
  terminate the organization's registration or certificate of
  formation.
         Sec. 370A.104.  ENFORCEMENT: VIOLATION BY MUNICIPALITY OR
  COUNTY.  (a)  In this section:
               (1)  "No-new-revenue tax rate" means the
  no-new-revenue tax rate calculated under Chapter 26, Tax Code.
               (2)  "Tax year" has the meaning assigned by Section
  1.04, Tax Code.
         (b)  Notwithstanding any other law, if the attorney general
  determines that a municipality or county has violated Section
  370A.102(a) and has not stopped or ordered a provider organization
  to stop providing homeless services within the period required by
  Section 370A.102(b):
               (1)  the municipality or county may not adopt an ad
  valorem tax rate that exceeds the municipality's or county's
  no-new-revenue tax rate for the tax year that begins on or after the
  date of the determination; and
               (2)  the attorney general shall submit written notice
  to the comptroller instructing the comptroller to withhold any
  money due to the municipality or county under Section 321.502 or
  323.502, Tax Code, as applicable, until the attorney general
  notifies the comptroller that the municipality or county has
  resolved the violation.
         (c)  The attorney general must provide to the municipality or
  county a copy of the notice submitted to the comptroller under
  Subsection (b)(2).
         (d)  On the date the attorney general determines the
  violation has been resolved, the attorney general shall provide
  written notice of the resolution to the comptroller and the task
  force.
         (e)  The comptroller may not distribute any money to the
  municipality or county under Section 321.502 or 323.502, Tax Code,
  as applicable, during the period beginning on the date the
  comptroller receives the notice under Subsection (b)(2) and ending
  on the date the comptroller receives the notice described by
  Subsection (d).
         SECTION 2.  Section 321.502, Tax Code, is amended to read as
  follows:
         Sec. 321.502.  DISTRIBUTION OF TRUST FUNDS.  Subject to
  Section 370A.104, Local Government Code, at [At] least twice during
  each state fiscal year and at other times as often as feasible, the
  comptroller shall send to the municipal treasurer or to the person
  who performs the office of the municipal treasurer payable to the
  municipality the municipality's share of the taxes collected by the
  comptroller under this chapter.
         SECTION 3.  Section 323.502, Tax Code, is amended to read as
  follows:
         Sec. 323.502.  DISTRIBUTION OF TRUST FUNDS.  Subject to
  Section 370A.104, Local Government Code, at [At] least twice during
  each state fiscal year and at other times as often as feasible, the
  comptroller shall send to the county treasurer payable to the
  county the county's share of the taxes collected by the comptroller
  under this chapter.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the governor shall appoint members to the school safety
  zones task force established by Section 370A.051, Local Government
  Code, as added by this Act.
         SECTION 5.  This Act takes effect September 1, 2025.