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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) "Emergency care" means bona fide emergency |
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services provided after a sudden onset of a medical or traumatic |
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condition manifested by acute symptoms of sufficient severity, |
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including severe pain, that the absence of immediate medical |
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attention could reasonably be expected to: |
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(A) place the patient's health in serious |
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jeopardy; |
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(B) result in serious impairment to the patient's |
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bodily functions; or |
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(C) result in serious dysfunction of any bodily |
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organ or body part of the patient. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(3) "Navigation services" means services that assist |
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individuals experiencing homelessness to access shelter, meals, |
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medical care, substance abuse treatment, mental health services, |
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employment resources, housing placement, and other services |
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necessary for reintegration into stable living conditions. The |
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term does not include the provision of emergency care or inpatient |
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care. |
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(4) "Premises" has the meaning assigned by Section |
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481.134, Health and Safety Code. |
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(5) "School safety zone" means the premises of an |
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independent school district campus or institution of higher |
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education. |
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(6) "Service provider" means an organization or |
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government-funded facility operator that provides navigation |
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services. |
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(7) "Task force" means the safe schools and |
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neighborhoods task force established under Section 370A.051. |
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Sec. 370A.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to the provision of navigation services by a service |
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provider using public funds to provide the services. |
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SUBCHAPTER B. SAFE SCHOOLS AND NEIGHBORHOODS TASK FORCE |
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Sec. 370A.051. TASK FORCE. (a) The safe schools and |
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neighborhoods task force is established and is composed of 10 |
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members appointed by the governor as follows: |
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(1) one member who represents the Department of Public |
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Safety; |
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(2) one member who represents the attorney general; |
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(3) the chief of school safety and security for the |
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Texas Education Agency; |
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(4) one member who represents the Texas Department of |
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Housing and Community Affairs; |
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(5) one member who represents the Health and Human |
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Services Commission; |
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(6) one member of the State Board of Education; |
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(7) one member who represents a faith-based service |
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provider; |
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(8) one member who represents a nonprofit service |
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provider; |
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(9) one member who represents the Texas Conference of |
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Urban Counties; and |
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(10) one member who represents the Texas Municipal |
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League. |
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(b) The governor shall appoint one member of the task force |
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to serve as chair. |
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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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navigation services within 1,500 feet of a school safety zone; |
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(2) for each facility identified under this section: |
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(A) notify: |
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(i) the municipality in which the facility |
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is located; or |
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(ii) 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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(B) identify: |
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(i) the service provider operating the |
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facility; and |
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(ii) the specific services being provided |
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at the facility; |
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(C) provide written notice to the facility and |
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the service provider that, if the task force determines that the |
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facility is providing navigation services within 1,500 feet of a |
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school safety zone in violation of Section 370A.102, the service |
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provider is required to stop providing navigation services at the |
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facility not later than the 30th day after the date the service |
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provider receives the written notice or be subject to the penalties |
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provided by Section 370A.103; and |
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(D) determine whether a service provider that is |
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required by Section 370A.102 to stop providing navigation services |
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at the facility has stopped providing the services within the |
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30-day period prescribed by that section and give notice of the task |
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force's determination to the municipality or county, as applicable, |
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in which the facility is located; and |
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(3) develop and make legislative recommendations |
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relating to the provision of navigation services, including: |
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(A) regulation of service providers; and |
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(B) policies or laws that the task force |
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determines may be necessary to ensure the safe provision of |
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navigation services. |
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Sec. 370A.053. REPORT. (a) Not later than January 1 of |
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each even-numbered year, the task force shall provide a written |
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report of the legislative recommendations of the task force |
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described by Section 370A.052(3) to the governor, lieutenant |
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governor, and each member of the legislature. |
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(b) The task force shall provide the initial written report |
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required by Subsection (a) not later than September 1, 2026. This |
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subsection expires January 1, 2027. |
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Sec. 370A.054. RECOMMENDATIONS ON LICENSING OF NAVIGATION |
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SERVICES PROVIDERS. The task force shall, in consultation with the |
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Texas Department of Housing and Community Affairs and the |
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Department of State Health Services, develop recommendations on |
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legislation to require a service provider to obtain a license from |
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the Texas Department of Housing and Community Affairs to operate. |
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Any recommendations developed under this section must be included |
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in the task force's initial report under Section 370A.053. This |
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section expires January 1, 2027. |
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SUBCHAPTER C. NAVIGATION 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 navigation services provided: |
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(1) at a location operating as an emergency shelter |
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during a state of disaster declared under Section 418.014, |
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Government Code, or a local state of disaster declared under |
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Section 418.108, Government Code; |
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(2) at a facility located between 1,000 feet and 1,500 |
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feet from a school safety zone, if: |
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(A) the service provider operating the facility |
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demonstrates to the task force that the provision of navigation |
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services at the facility does not affect school safety; and |
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(B) the task force determines that the provision |
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of navigation services at the facility does not affect school |
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safety; |
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(3) within 1,500 feet of an institution of higher |
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education, if the governing body of the institution by official |
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action: |
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(A) elects to authorize the provision of |
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navigation services within 1,500 feet of the institution; and |
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(B) gives notice of the governing body's |
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determination under Paragraph (A) to the task force and the |
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municipality and county within which the institution is located; |
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(4) by an independent school district to enrolled |
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students and families of enrolled students of the district; |
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(5) by a municipal or county jail; |
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(6) by a hospital or health system operating under |
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Chapter 241, Health and Safety Code; |
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(7) by a mental health facility operating under |
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Chapter 577, Health and Safety Code; |
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(8) by a family violence center operating under |
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Chapter 51, Human Resources Code; or |
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(9) at a facility located within 1,500 feet of a school |
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safety zone that is separated from the school safety zone by a state |
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highway. |
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Sec. 370A.102. PROHIBITION. (a) A service provider may not |
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provide navigation services within 1,500 feet of a school safety |
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zone. |
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(b) A service provider that receives notice from the task |
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force under Section 370A.052(2)(C) of the task force's |
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determination that a facility operated by the service provider is |
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providing navigation services within 1,500 feet of a school safety |
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zone in violation of this section shall stop providing navigation |
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services at the facility not later than the 30th day after the date |
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the service provider receives the notice. |
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(c) A municipality or county that receives notice from the |
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task force under Section 370A.052(2)(D) of the task force's |
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determination that a facility has failed to stop providing |
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navigation services within the 30-day period prescribed by |
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Subsection (b) shall, not later than the seventh day after the date |
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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 navigation services at the facility; or |
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(2) if the facility is operated by a service provider, |
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direct the police or sheriff's department, as applicable, to order |
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the service provider operating the facility to stop providing |
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navigation services at the facility. |
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Sec. 370A.103. ENFORCEMENT. (a) A service provider that |
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the attorney general determines has violated Section 370A.102(a) |
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and that does not stop providing navigation services as ordered |
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under Section 370A.102(c) is liable to this state for a civil |
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penalty of $5,000 for each day after the date the service provider |
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receives an order under Section 370A.102(c). |
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(b) The attorney general may bring an action: |
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(1) for injunctive relief or to recover a civil |
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penalty under this section; and |
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(2) to direct the secretary of state to revoke or |
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terminate a service provider's registration or certificate of |
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formation. |
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(c) Governmental immunity to suit and from liability is |
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waived to the extent of liability created by this section. |
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(d) The attorney general may recover reasonable attorney's |
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fees and court costs incurred in bringing an action under this |
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section. |
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Sec. 370A.104. PROHIBITION ON CERTAIN INDEPENDENT SCHOOL |
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DISTRICT CAMPUS LOCATIONS. (a) An independent school district may |
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not locate a new campus within 1,500 feet of a facility: |
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(1) that is providing navigation services; and |
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(2) at which the service provider operating the |
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facility intends to provide navigation services at the time the new |
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independent school district campus is open to students. |
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(b) An independent school district may not reopen a closed |
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campus or other property serving students of the district if the |
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campus or other property is located within 1,500 feet of a facility |
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providing navigation services. |
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(c) A school district board of trustees shall consult with |
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the task force to implement this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the governor shall appoint members to the safe schools |
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and neighborhoods task force established by Section 370A.051, Local |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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* * * * * |