Texas 2023 - 88th Regular

Texas Senate Bill SB146 Compare Versions

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1	1	By: Gutierrez S.B. No. 146
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Uvalde Victims' Compensation Fund
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 12, Government Code, is amended by adding
9	9	Chapter 4009 to read as follows:
10	10	CHAPTER 4009. UVALDE VICTIMS' COPENSATION FUND
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 4009.001. SHORT TITLE. This chapter may be cited as
13	13	the Uvalde Victims' Compensation Act.
14	14	Sec. 4009.002. LEGISLATIVE FINDINGS AND INTENT. (a) The
15	15	legislature recognizes that the attack on Robb Elementary School in
16	16	Uvalde, Texas on May 24, 2022, was a heinous crime exacerbated by
17	17	the inaction and dereliction of duty of law enforcement officers
18	18	and public officials across this state. Local and state police
19	19	officers arrived on location in the early stages of the attack and
20	20	waited more than an hour to confront the attacker and to render aid
21	21	to the victims. As a consequence of their inaction, victims bled out
22	22	and perished. The legislature finds that there is an emergent need
23	23	to compensate the victims and their families of the Uvalde attack.
24	24	The legislature also finds that there is a public calamity in
25	25	relation to gun violence in Texas necessitating a grant of aid to
26	26	the community of Uvalde. The legislature further finds that the
27	27	every governmental unit and their employees acted with willful or
28	28	gross negligence, bad faith, conscious indifference or reckless
29	29	disregard for the lives of the victims of the attack on Robb
30	30	Elementary.
31	31	(b) It is the legislature's intent that the compensation
32	32	provided to the innocent victims of the violent crime that occurred
33	33	at Robb Elementary ameliorates the pain caused by the attack and the
34	34	damage done to the community of Uvalde County.
35	35	Sec. 4009.003. DEFINITIONS. In this chapter:
36	36	(1) "Claimant" means any of the following individuals,
37	37	other than a service provider, who is entitled to file or has filed
38	38	a claim for compensation under this chapter:
39	39	(A) an authorized individual acting on behalf of
40	40	a victim;
41	41	(B) a dependent of a victim who died or was
42	42	injured as a result of the criminally injurious conduct;
43	43	(C) an immediate family member or a household
44	44	member of a victim;
45	45	(D) an authorized individual acting on behalf of
46	46	a child described by Paragraph (B) or (C).
47	47	(2) "Household member" means an individual who:
48	48	(A) is related by consanguinity or affinity to
49	49	the victim or is the legal guardian of the victim; and
50	50	(B) resided in the same permanent household as
51	51	the victim at the time that the criminally injurious conduct
52	52	occurred.
53	53	(4) "Immediate family member" means an individual who
54	54	is related to a victim within the second degree by consanguinity or
55	55	affinity or is a legal guardian of the victim at the time of the
56	56	criminally injurious conduct.
57	57	(5) "Victim" means an individual who suffered personal
58	58	injury or death as a result of the criminally injurious conduct or
59	59	as a result of actions taken by the attacker of Robb Elementary
60	60	School on May 24, 2022.
61	61	SUBCHAPTER B. UVALDE VICTIMS' COMPENSATION BOARD
62	62	Sec. 4009.010. MEMBERSHIP. (a) The Uvalde Victims'
63	63	Compensation Board consists of:
64	64	(1) the governor;
65	65	(2) the lieutenant governor;
66	66	(3) the speaker of the house of representatives;
67	67	(4) the state senator representing Uvalde County; and
68	68	(5) the state representative representing Uvalde County.
69	69	(b) The governor is the chair of the board.
70	70	Sec. 4009.011. QUORUM; MEETINGS. (a) A majority of the
71	71	members of the board constitutes a quorum to transact business. If
72	72	a quorum is present, the board may act on any matter that is within
73	73	its jurisdiction by a majority vote.
74	74	(b) The board shall meet as often as necessary to perform
75	75	its duties. Meetings may be held at any time at the request of
76	76	either of the chair of the board or on written petition of a
77	77	majority of the members of the board.
78	78	(c) The board shall meet in Austin, except that if a
79	79	majority of the members of the board agree, the board may meet in
80	80	any location determined by the board.
81	81	Sec. 4009.012 TYPES OF ASSISTANCE. (a) On receiving and
82	82	reviewing an application for compensation under Section 4009.013,
83	83	the Board shall authorize a cash payment within 60 days to a victim,
84	84	a victim's immediate family, or a member of the household of the
85	85	victim if the victim was seriously physically injured, murdered, or
86	86	suffering from mental or emotional disability on account of the
87	87	attack on Robb Elementary on May 24, 2022.
88	88	(b) After certifying the veracity of the application, the
89	89	board shall authorize the following cash payment to a victim, a
90	90	victim's immediate family, or a member of the household of the
91	91	victim:
92	92	(1) $7,700,000 dollars per deceased victim payable to the
93	93	victim's immediate surviving family or members of the household at
94	94	the discretion of the board;
95	95	(2) $2,100,000 dollars per seriously physically injured
96	96	victim payable to the victim; and
97	97	(3) $250,000 dollars per mental or emotional disability
98	98	resulting from the attack on Robb Elementary on May 24, 2022.
99	99	(c) Upon reviewing the totality of factual circumstances
100	100	surrounding the application, the board may divide the award between
101	101	members of the immediate family, household, or legal guardians.
102	102	Sec. 4009.013. APPLICATION FOR COMPENSATION. (a) An
103	103	applicant for compensation under this chapter must apply in writing
104	104	on a form prescribed by the board.
105	105	(b) An application for compensation under this chapter must
106	106	be verified and contain:
107	107	(1) the date on which the criminally injurious conduct
108	108	occurred;
109	109	(2) a description of the nature and circumstances of
110	110	the criminally injurious conduct;
111	111	(3) a statement indicating the extent of the
112	112	psychological or physical injury caused by the criminally injurious
113	113	conduct, including any disability resulting from the injury
114	114	incurred;
115	115	(4) an authorization permitting the board to verify
116	116	the contents of the application;
117	117	(5) a description of the residence of the applicant on
118	118	May 24, 2022; and
119	119	(6) the relationship by consanguinity, affinity, or
120	120	legal guardianship to any victim of the attack on Robb Elementary
121	121	that occurred on May 24, 2022.
122	122	Sec. 4009.014. REVIEW OF APPLICATION. (a)The board shall
123	123	review each application for compensation described by Section
124	124	4009.013 to ensure the application is complete.
125	125	(b) The board shall return to the claimant or victim any
126	126	application that is incomplete and shall provide a brief statement
127	127	showing the additional information required. Not later than the
128	128	30th day after the date of receiving a returned application, a
129	129	claimant or victim may:
130	130	(1) provide the additional information; or
131	131	(2) appeal the action to the board, who shall review
132	132	the application to determine whether the application is complete.
133	133	(c) The board may investigate an application.
134	134	(d) As part of the board's review, verification, and hearing
135	135	duties under this chapter, the board may investigate the
136	136	application for truthfulness.
137	137	Sec. 409.015. METHOD OF PAYMENT. The board shall pay an
138	138	award in a lump sum.
139	139	Sec. 4009.016. LIMITS ON DISBURSEMENTS. (a) Except as
140	140	otherwise provided by this article, awards payable to all victims
141	141	and all claimants pursuant to this Chapter may not exceed
142	142	$300,000,000 in the aggregate.
143	143	SECTION 2. This compensation shall be cumulative of all
144	144	other remedies, benefits, or compensation provided for by law. In
145	145	addition, by passage of this bill, the State of Texas waives
146	146	sovereign immunity for itself and also waives any qualified
147	147	immunity of any employee of the State or local government for any
148	148	legal claims resulting from the attack on Robb Elementary School on
149	149	May 24, 2022. The State of Texas hereby waives any governmental
150	150	immunity that may be sought by any subdivision or municipality of
151	151	this state in relation to any legal claim made concerning the attack
152	152	on Robb Elementary School on May 24, 2022.
153	153	SECTION 3. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2023.