By: Gutierrez S.B. No. 146
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Uvalde Victims' Compensation Fund
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 12, Government Code, is amended by adding
Chapter 4009 to read as follows:
CHAPTER 4009. UVALDE VICTIMS' COPENSATION FUND
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4009.001. SHORT TITLE. This chapter may be cited as
the Uvalde Victims' Compensation Act.
Sec. 4009.002. LEGISLATIVE FINDINGS AND INTENT. (a) The
legislature recognizes that the attack on Robb Elementary School in
Uvalde, Texas on May 24, 2022, was a heinous crime exacerbated by
the inaction and dereliction of duty of law enforcement officers
and public officials across this state. Local and state police
officers arrived on location in the early stages of the attack and
waited more than an hour to confront the attacker and to render aid
to the victims. As a consequence of their inaction, victims bled out
and perished. The legislature finds that there is an emergent need
to compensate the victims and their families of the Uvalde attack.
The legislature also finds that there is a public calamity in
relation to gun violence in Texas necessitating a grant of aid to
the community of Uvalde. The legislature further finds that the
every governmental unit and their employees acted with willful or
gross negligence, bad faith, conscious indifference or reckless
disregard for the lives of the victims of the attack on Robb
Elementary.
(b) It is the legislature's intent that the compensation
provided to the innocent victims of the violent crime that occurred
at Robb Elementary ameliorates the pain caused by the attack and the
damage done to the community of Uvalde County.
Sec. 4009.003. DEFINITIONS. In this chapter:
(1) "Claimant" means any of the following individuals,
other than a service provider, who is entitled to file or has filed
a claim for compensation under this chapter:
(A) an authorized individual acting on behalf of
a victim;
(B) a dependent of a victim who died or was
injured as a result of the criminally injurious conduct;
(C) an immediate family member or a household
member of a victim;
(D) an authorized individual acting on behalf of
a child described by Paragraph (B) or (C).
(2) "Household member" means an individual who:
(A) is related by consanguinity or affinity to
the victim or is the legal guardian of the victim; and
(B) resided in the same permanent household as
the victim at the time that the criminally injurious conduct
occurred.
(4) "Immediate family member" means an individual who
is related to a victim within the second degree by consanguinity or
affinity or is a legal guardian of the victim at the time of the
criminally injurious conduct.
(5) "Victim" means an individual who suffered personal
injury or death as a result of the criminally injurious conduct or
as a result of actions taken by the attacker of Robb Elementary
School on May 24, 2022.
SUBCHAPTER B. UVALDE VICTIMS' COMPENSATION BOARD
Sec. 4009.010. MEMBERSHIP. (a) The Uvalde Victims'
Compensation Board consists of:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives;
(4) the state senator representing Uvalde County; and
(5) the state representative representing Uvalde County.
(b) The governor is the chair of the board.
Sec. 4009.011. QUORUM; MEETINGS. (a) A majority of the
members of the board constitutes a quorum to transact business. If
a quorum is present, the board may act on any matter that is within
its jurisdiction by a majority vote.
(b) The board shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request of
either of the chair of the board or on written petition of a
majority of the members of the board.
(c) The board shall meet in Austin, except that if a
majority of the members of the board agree, the board may meet in
any location determined by the board.
Sec. 4009.012 TYPES OF ASSISTANCE. (a) On receiving and
reviewing an application for compensation under Section 4009.013,
the Board shall authorize a cash payment within 60 days to a victim,
a victim's immediate family, or a member of the household of the
victim if the victim was seriously physically injured, murdered, or
suffering from mental or emotional disability on account of the
attack on Robb Elementary on May 24, 2022.
(b) After certifying the veracity of the application, the
board shall authorize the following cash payment to a victim, a
victim's immediate family, or a member of the household of the
victim:
(1) $7,700,000 dollars per deceased victim payable to the
victim's immediate surviving family or members of the household at
the discretion of the board;
(2) $2,100,000 dollars per seriously physically injured
victim payable to the victim; and
(3) $250,000 dollars per mental or emotional disability
resulting from the attack on Robb Elementary on May 24, 2022.
(c) Upon reviewing the totality of factual circumstances
surrounding the application, the board may divide the award between
members of the immediate family, household, or legal guardians.
Sec. 4009.013. APPLICATION FOR COMPENSATION. (a) An
applicant for compensation under this chapter must apply in writing
on a form prescribed by the board.
(b) An application for compensation under this chapter must
be verified and contain:
(1) the date on which the criminally injurious conduct
occurred;
(2) a description of the nature and circumstances of
the criminally injurious conduct;
(3) a statement indicating the extent of the
psychological or physical injury caused by the criminally injurious
conduct, including any disability resulting from the injury
incurred;
(4) an authorization permitting the board to verify
the contents of the application;
(5) a description of the residence of the applicant on
May 24, 2022; and
(6) the relationship by consanguinity, affinity, or
legal guardianship to any victim of the attack on Robb Elementary
that occurred on May 24, 2022.
Sec. 4009.014. REVIEW OF APPLICATION. (a)The board shall
review each application for compensation described by Section
4009.013 to ensure the application is complete.
(b) The board shall return to the claimant or victim any
application that is incomplete and shall provide a brief statement
showing the additional information required. Not later than the
30th day after the date of receiving a returned application, a
claimant or victim may:
(1) provide the additional information; or
(2) appeal the action to the board, who shall review
the application to determine whether the application is complete.
(c) The board may investigate an application.
(d) As part of the board's review, verification, and hearing
duties under this chapter, the board may investigate the
application for truthfulness.
Sec. 409.015. METHOD OF PAYMENT. The board shall pay an
award in a lump sum.
Sec. 4009.016. LIMITS ON DISBURSEMENTS. (a) Except as
otherwise provided by this article, awards payable to all victims
and all claimants pursuant to this Chapter may not exceed
$300,000,000 in the aggregate.
SECTION 2. This compensation shall be cumulative of all
other remedies, benefits, or compensation provided for by law. In
addition, by passage of this bill, the State of Texas waives
sovereign immunity for itself and also waives any qualified
immunity of any employee of the State or local government for any
legal claims resulting from the attack on Robb Elementary School on
May 24, 2022. The State of Texas hereby waives any governmental
immunity that may be sought by any subdivision or municipality of
this state in relation to any legal claim made concerning the attack
on Robb Elementary School on May 24, 2022.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.