Texas 2025 - 89th Regular

Texas House Bill HB5644 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Plesa H.B. No. 5644
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to a Mass Violence Care Fund to assist victims of mass
7	9		violence with unreimbursed medical expenses.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter C, Chapter 56B, Code of Criminal
10	12		Procedure, is amended by adding Article 56B.110 to read as follows:
11	13		Art. 56B.110. MASS VIOLENCE CARE FUND
12	14		Section 1. Definitions. In this section:
13	15		(1) "Commission" means the Texas Judicial Branch
14	16		Certification Commission or other appropriate agency overseeing
15	17		victim compensation.
16	18		(2) "Mass violence event" means an intentional
17	19		criminal act resulting in physical injury to three or more
18	20		individuals, excluding the perpetrator, occurring in a public space
19	21		within close geographical proximity.
20	22		(3) "Victim of mass violence" means a person who has
21	23		suffered physical, emotional, or psychological injury as the direct
22	24		result of a mass violence event. "Victim of mass violence" includes
23	25		a person who directly suffered the physical, emotional, or
24	26		psychological injury through their physical presence during an
25	27		event or, if such person was physically injured or killed, such
26	28		person's spouse, child, parent, sibling, legal guardian or other
27	29		family or household member (such as a caretaker).
28	30		Section 2. Establishment of the Mass Violence Care Fund.
29	31		(a) The Mass Violence Care Fund (the "Fund") is established
30	32		as a permanent non-reverting fund within the Crime Victims'
31	33		Compensation Fund to cover both past, current and future victims of
32	34		mass violence in the state, to be administered by the Office of the
33	35		Texas Attorney General.
34	36		(b) The Fund consists of:
35	37		(1) Legislative appropriations designated for this
36	38		purpose;
37	39		(2) Gifts, donations, grants, and other
38	40		contributions;
39	41		(3) Investment earnings, interest, and returns on
40	42		capital; and
41	43		(4) Any other funds designated by law.
42	44		Section 3. Investment and Management:
43	45		(a) The Texas Comptroller shall invest the Fund's principal
44	46		in accordance with the Public Funds Investment Act (Texas
45	47		Government Code, Chapter 2256), using strategies that ensure
46	48		capital preservation and growth.
47	49		(b) Only the interest, investment income, and dividends
48	50		generated from the Fund may be used to reimburse victims of mass
49	51		violence, ensuring the principal remains intact.
50	52		(c) The interest and investment earnings and remaining
51	53		funds at year end shall be reinvested into the Fund until a
52	54		threshold amount, determined by the Attorney General in
53	55		consultation with the Comptroller, is reached to sustain long-term
54	56		disbursements.
55	57		(d) The Fund shall operate as a self-sustaining,
56	58		non-reverting financial resource, with annual disbursements capped
57	59		at the amount of accrued investment earnings to ensure its
58	60		long-term viability.
59	61		Section 4. Administration and Disbursement.
60	62		(a) The Office of the Attorney General shall adopt rules for
61	63		the administration of the Fund, including:
62	64		(1) Application procedures; and
63	65		(2) Eligibility criteria.
64	66		(a) The Commission will determine if, in fact, a crime was
65	67		committed or attempted, and the extent, if any, to which the victim
66	68		or claimant was responsible for his own injury. These such data
67	69		shall include prior adult arrest records and juvenile court
68	70		disposition records of the offender. For such purposes and in
69	71		accordance Texas Family Code Section 58.005 and 58.007, the
70	72		Commission may also acquire from the juvenile and domestic
71	73		relations district courts a copy of the order of disposition
72	74		relating to the crime. The use of any information received by the
73	75		Commission pursuant to this subdivision shall be limited to
74	76		carrying out the purposes set forth in this section, and this
75	77		information shall be confidential and shall not be disseminated
76	78		further. The agency from which the information is requested may
77	79		submit original reports, portions thereof, summaries, or such other
78	80		configurations of information as will comply with the requirements
79	81		of this section.
80	82		(i) The eligibility for re-imbursement for out-of-pocket
81	83		expenses not otherwise covered commences at the second year mark of
82	84		the mass violence event.
83	85		(b) Maximum compensation limits per claimant,
84	86		(c) A victim of mass violence is eligible for reimbursement
85	87		if:
86	88		(i) The victim has been a victim of a mass violence
87	89		event,
88	90		(ii) The Fund shall prioritize reimbursement as soon
89	91		as possible following the event, with consideration given to the
90	92		time elapsed since the occurrence of the mass violence event.
91	93		(b) Payments from the Fund shall not be subject to
92	94		garnishment, lien, or attachment, except for medical expenses
93	95		related to the mass violence event.
94	96		Section 5. Reporting and Oversight.
95	97		(a) The Texas Comptroller shall oversee financial
96	98		management of the Fund.
97	99		(b) The Attorney General shall submit an annual report to
98	100		the Governor and Texas Legislature, detailing:
99	101		(1) Total funds disbursed;
100	102		(2) Number of claims processed; and
101	103		(3) Fund sustainability recommendations.
102	104		(c) The Mass Violence Care Fund Advisory Board is
103	105		established to review the Fund's operations and provide
104	106		recommendations. The board shall include representatives from:
105	107		(1) Victim services organizations;
106	108		(2) The Texas Department of Public Safety; and
107	109		(3) The Texas Health and Human Services Commission.
108	110		(d) The Governor's Office shall appoint the members of the
109	111		Advisory Board.
110	112		Section 6. IMPLEMENTATION
111	113		The Office of the Attorney General shall implement the
112	114		provisions of this Act no later than one year after its effective
113	115		date.
114	116		Section 7. This Act takes effect September 1, 2025, if
115	117		enacted by the Texas Legislature.