Texas 2023 - 88th Regular

Texas House Bill HB4721 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hinojosa H.B. No. 4721
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the School Violence Victims'
7	7	Compensation Fund
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 4, Government Code, is amended by adding to
10	10	Chapter 403, subchapter S to read as follows:
11	11	SUBCHAPTER S. GENERAL PROVISIONS
12	12	Sec. 403.601. SHORT TITLE. This chapter may be cited as the
13	13	School Violence Victims' Compensation Act.
14	14	Sec. 403.602. DEFINITIONS. In this chapter:
15	15	(1) "Claimant" means any of the following individuals,
16	16	other than a service provider, who is entitled to file or has filed
17	17	a claim for compensation under this chapter:
18	18	(A) an authorized individual acting on behalf of
19	19	a victim;
20	20	(B) a dependent of a victim who died or was
21	21	injured as a result of the criminally injurious conduct;
22	22	(C) an immediate family member or a household
23	23	member of a victim;
24	24	(D) an authorized individual acting on behalf of
25	25	a child described by Paragraph (B) or (C).
26	26	(2) "Household member" means an individual who:
27	27	(A) is related by consanguinity or affinity to
28	28	the victim or is the legal guardian of the victim; and
29	29	(B) resided in the same permanent household as
30	30	the victim at the time that the criminally injurious conduct
31	31	occurred.
32	32	(4) "Immediate family member" means an individual who
33	33	is related to a victim within the second degree by consanguinity or
34	34	affinity or is a legal guardian of the victim.
35	35	(5) "Victim" means an individual who suffered personal
36	36	injury or death as a result of a gun-related incident in a Texas
37	37	public school since January 1, 2018.
38	38	Sec. 403.603 TYPES OF ASSISTANCE. (a) On receiving and
39	39	reviewing an application for compensation under Section 403.605,
40	40	the Comptroller shall authorize a cash payment within 60 days to a
41	41	victim, a victim's immediate family, or a member of the household of
42	42	the victim if the victim was seriously physically injured,
43	43	murdered, or suffering from mental or emotional disability on
44	44	account of a gun-related incident in a Texas public school.
45	45	(b) After certifying the veracity of the application, the
46	46	Comptroller shall authorize the following cash payment to a victim,
47	47	a victim's immediate family, or a member of the household of the
48	48	victim:
49	49	(1) $1,000,000 dollars per deceased victim payable to
50	50	the victim's immediate surviving family or members of the
51	51	household;
52	52	(2) $250,000 dollars per seriously physically injured
53	53	victim payable to the victim;
54	54	(3) $100,000 dollars per mental or emotional
55	55	disability victim payable to the victim; and
56	56	(4) $50,000 per physically injured victim payable to
57	57	the victim.
58	58	(c) Upon reviewing the totality of factual circumstances
59	59	surrounding the application, the Comptroller may divide the award
60	60	between members of the immediate family, household, or legal
61	61	guardians.
62	62	Sec. 403.604. APPLICATION FOR COMPENSATION. (a) An
63	63	applicant for compensation under this chapter must apply in writing
64	64	on a form prescribed by the Comptroller.
65	65	(b) An application for compensation under this chapter must
66	66	be verified and contain:
67	67	(1) the date on which the injurious conduct occurred;
68	68	(2) a description of the nature and circumstances of
69	69	the injurious conduct;
70	70	(3) a statement indicating the extent of the
71	71	psychological or physical injury caused by the injurious conduct,
72	72	including any disability resulting from the injury incurred;
73	73	(4) an authorization permitting the board to verify
74	74	the contents of the application; and
75	75	(5) the relationship by consanguinity, affinity, or
76	76	legal guardianship to any victim of a gun-related incident in a
77	77	Texas public school.
78	78	Sec. 403.605. REVIEW OF APPLICATION. (a) The Comptroller
79	79	shall review each application for compensation described by Section
80	80	403.604 to ensure the application is complete.
81	81	(b) The Comptroller shall return to the claimant or victim
82	82	any application that is incomplete and shall provide a brief
83	83	statement showing the additional information required. Not later
84	84	than the 30th day after the date of receiving a returned
85	85	application, a claimant or victim may provide the additional
86	86	information.
87	87	(c) The Comptroller may investigate an application.
88	88	(d) As part of the Comptroller's review and verification
89	89	duties under this subchapter, the Comptroller may investigate the
90	90	application for truthfulness.
91	91	Sec. 403.606. METHOD OF PAYMENT. The Comptroller shall pay
92	92	an award in a lump sum.
93	93	SECTION 2. This compensation shall be cumulative of all
94	94	other remedies, benefits, or compensation provided for by law.
95	95	SECTION 3. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2023.