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A BILL TO BE ENTITLED
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AN ACT
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relating to establishment and enforcement of school safety zones; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 370A to read as follows: |
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CHAPTER 370A. ENFORCEMENT OF SCHOOL SAFETY ZONES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 370A.001. DEFINITIONS. In this chapter: |
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(1) "Homeless services" mean services intended |
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primarily to benefit individuals experiencing homelessness. The |
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term includes services for shelter, medical care, meals, drug |
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rehabilitation, job training, financial assistance, and mental |
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health treatment. |
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(2) "Institution of higher education," "playground," |
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"premises," and "school" have the meanings assigned by Section |
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481.134, Health and Safety Code. |
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(3) "Provider organization" means a nongovernmental |
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entity providing homeless services. |
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(4) "School safety zone" means the premises of an |
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institution of higher education, playground, or school. |
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(5) "Task force" means the school safety zones task |
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force established under Section 370A.051. |
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SUBCHAPTER B. SCHOOL SAFETY ZONES TASK FORCE |
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Sec. 370A.051. TASK FORCE. The school safety zones task |
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force is established and is composed of four members appointed by |
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the governor as follows: |
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(1) one member that represents the Department of |
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Public Safety; |
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(2) one member that represents the attorney general; |
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(3) one member that represents the Texas Education |
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Agency; and |
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(4) one member that represents the Texas Department of |
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Licensing and Regulation. |
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Sec. 370A.052. DUTIES. The task force shall: |
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(1) identify each facility in this state providing |
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homeless services within 1.5 miles of a school safety zone; and |
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(2) for each facility identified under this section, |
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notify: |
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(A) the municipality in which the facility is |
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located; or |
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(B) if the facility is located in the |
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unincorporated area of a county, the county in which the facility is |
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located. |
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Sec. 370A.053. REPORT. Not later than January 1 of each |
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odd-numbered year, the task force shall provide a written report |
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and recommendations relating to the provision of homeless services |
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near school safety zones to the governor, lieutenant governor, and |
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speaker of the house of representatives. |
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Sec. 370A.054. RECOMMENDATIONS ON LICENSING OF HOMELESS |
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SERVICES FACILITIES. The task force shall, in consultation with |
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the Texas Department of Licensing and Regulation, develop |
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recommendations on legislation to require a facility providing |
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homeless services to obtain a license from the Texas Department of |
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Licensing and Regulation to operate. Any recommendations developed |
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under this section must be included in the task force's initial |
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report under Section 370A.053. This subsection expires January 1, |
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2028. |
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SUBCHAPTER C. HOMELESS SERVICES PROHIBITED NEAR SCHOOL SAFETY |
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ZONES |
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Sec. 370A.101. APPLICABILITY OF SUBCHAPTER. This |
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subchapter does not apply to homeless services provided at a |
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location operating as an emergency shelter during a state of |
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disaster declared under Section 418.014, Government Code, or a |
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local state of disaster declared under Section 418.108, Government |
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Code. |
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Sec. 370A.102. PROHIBITION. (a) A municipality, county, |
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or provider organization may not provide homeless services within |
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1.5 miles of a school safety zone. |
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(b) A municipality or county that receives notice under |
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Section 370A.052 of a facility operating within 1.5 miles of a |
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school safety zone shall, not later than the seventh day after the |
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date the municipality or county receives the notice: |
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(1) if the facility is operated by the municipality or |
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county, stop providing homeless services at the facility; or |
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(2) if the facility is operated by a provider |
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organization, direct the police or sheriff's department, as |
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applicable, to order the provider organization to stop providing |
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homeless services at the facility. |
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Sec. 370A.103. ENFORCEMENT: VIOLATION BY PROVIDER |
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ORGANIZATION. (a) A provider organization that the task force |
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determines has violated Section 370A.102(a) and that does not stop |
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providing homeless services as ordered under Section 370A.102(b) is |
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liable to this state for a civil penalty in an amount not to exceed |
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$50,000 for each day after the date the organization receives an |
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order under Section 370A.102(b). |
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(b) The attorney general may bring an action to: |
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(1) recover a civil penalty under this section; and |
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(2) direct the secretary of state to revoke or |
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terminate the organization's registration or certificate of |
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formation. |
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Sec. 370A.104. ENFORCEMENT: VIOLATION BY MUNICIPALITY OR |
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COUNTY. (a) In this section: |
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(1) "No-new-revenue tax rate" means the |
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no-new-revenue tax rate calculated under Chapter 26, Tax Code. |
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(2) "Tax year" has the meaning assigned by Section |
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1.04, Tax Code. |
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(b) Notwithstanding any other law, if the attorney general |
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determines that a municipality or county has violated Section |
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370A.102(a) and has not stopped or ordered a provider organization |
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to stop providing homeless services within the period required by |
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Section 370A.102(b): |
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(1) the municipality or county may not adopt an ad |
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valorem tax rate that exceeds the municipality's or county's |
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no-new-revenue tax rate for the tax year that begins on or after the |
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date of the determination; and |
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(2) the attorney general shall submit written notice |
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to the comptroller instructing the comptroller to withhold any |
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money due to the municipality or county under Section 321.502 or |
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323.502, Tax Code, as applicable, until the attorney general |
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notifies the comptroller that the municipality or county has |
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resolved the violation. |
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(c) The attorney general must provide to the municipality or |
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county a copy of the notice submitted to the comptroller under |
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Subsection (b)(2). |
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(d) On the date the attorney general determines the |
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violation has been resolved, the attorney general shall provide |
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written notice of the resolution to the comptroller and the task |
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force. |
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(e) The comptroller may not distribute any money to the |
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municipality or county under Section 321.502 or 323.502, Tax Code, |
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as applicable, during the period beginning on the date the |
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comptroller receives the notice under Subsection (b)(2) and ending |
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on the date the comptroller receives the notice described by |
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Subsection (d). |
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SECTION 2. Section 321.502, Tax Code, is amended to read as |
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follows: |
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Sec. 321.502. DISTRIBUTION OF TRUST FUNDS. Subject to |
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Section 370A.104, Local Government Code, at [At] least twice during |
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each state fiscal year and at other times as often as feasible, the |
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comptroller shall send to the municipal treasurer or to the person |
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who performs the office of the municipal treasurer payable to the |
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municipality the municipality's share of the taxes collected by the |
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comptroller under this chapter. |
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SECTION 3. Section 323.502, Tax Code, is amended to read as |
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follows: |
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Sec. 323.502. DISTRIBUTION OF TRUST FUNDS. Subject to |
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Section 370A.104, Local Government Code, at [At] least twice during |
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each state fiscal year and at other times as often as feasible, the |
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comptroller shall send to the county treasurer payable to the |
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county the county's share of the taxes collected by the comptroller |
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under this chapter. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the governor shall appoint members to the school safety |
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zones task force established by Section 370A.051, Local Government |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |