By: Plesa H.B. No. 5644
A BILL TO BE ENTITLED
AN ACT
relating to a Mass Violence Care Fund to assist victims of mass
violence with unreimbursed medical expenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 56B, Code of Criminal
Procedure, is amended by adding Article 56B.110 to read as follows:
Art. 56B.110. MASS VIOLENCE CARE FUND
Section 1. Definitions. In this section:
(1) "Commission" means the Texas Judicial Branch
Certification Commission or other appropriate agency overseeing
victim compensation.
(2) "Mass violence event" means an intentional
criminal act resulting in physical injury to three or more
individuals, excluding the perpetrator, occurring in a public space
within close geographical proximity.
(3) "Victim of mass violence" means a person who has
suffered physical, emotional, or psychological injury as the direct
result of a mass violence event. "Victim of mass violence" includes
a person who directly suffered the physical, emotional, or
psychological injury through their physical presence during an
event or, if such person was physically injured or killed, such
person's spouse, child, parent, sibling, legal guardian or other
family or household member (such as a caretaker).
Section 2. Establishment of the Mass Violence Care Fund.
(a) The Mass Violence Care Fund (the "Fund") is established
as a permanent non-reverting fund within the Crime Victims'
Compensation Fund to cover both past, current and future victims of
mass violence in the state, to be administered by the Office of the
Texas Attorney General.
(b) The Fund consists of:
(1) Legislative appropriations designated for this
purpose;
(2) Gifts, donations, grants, and other
contributions;
(3) Investment earnings, interest, and returns on
capital; and
(4) Any other funds designated by law.
Section 3. Investment and Management:
(a) The Texas Comptroller shall invest the Fund's principal
in accordance with the Public Funds Investment Act (Texas
Government Code, Chapter 2256), using strategies that ensure
capital preservation and growth.
(b) Only the interest, investment income, and dividends
generated from the Fund may be used to reimburse victims of mass
violence, ensuring the principal remains intact.
(c) The interest and investment earnings and remaining
funds at year end shall be reinvested into the Fund until a
threshold amount, determined by the Attorney General in
consultation with the Comptroller, is reached to sustain long-term
disbursements.
(d) The Fund shall operate as a self-sustaining,
non-reverting financial resource, with annual disbursements capped
at the amount of accrued investment earnings to ensure its
long-term viability.
Section 4. Administration and Disbursement.
(a) The Office of the Attorney General shall adopt rules for
the administration of the Fund, including:
(1) Application procedures; and
(2) Eligibility criteria.
(a) The Commission will determine if, in fact, a crime was
committed or attempted, and the extent, if any, to which the victim
or claimant was responsible for his own injury. These such data
shall include prior adult arrest records and juvenile court
disposition records of the offender. For such purposes and in
accordance Texas Family Code Section 58.005 and 58.007, the
Commission may also acquire from the juvenile and domestic
relations district courts a copy of the order of disposition
relating to the crime. The use of any information received by the
Commission pursuant to this subdivision shall be limited to
carrying out the purposes set forth in this section, and this
information shall be confidential and shall not be disseminated
further. The agency from which the information is requested may
submit original reports, portions thereof, summaries, or such other
configurations of information as will comply with the requirements
of this section.
(i) The eligibility for re-imbursement for out-of-pocket
expenses not otherwise covered commences at the second year mark of
the mass violence event.
(b) Maximum compensation limits per claimant,
(c) A victim of mass violence is eligible for reimbursement
if:
(i) The victim has been a victim of a mass violence
event,
(ii) The Fund shall prioritize reimbursement as soon
as possible following the event, with consideration given to the
time elapsed since the occurrence of the mass violence event.
(b) Payments from the Fund shall not be subject to
garnishment, lien, or attachment, except for medical expenses
related to the mass violence event.
Section 5. Reporting and Oversight.
(a) The Texas Comptroller shall oversee financial
management of the Fund.
(b) The Attorney General shall submit an annual report to
the Governor and Texas Legislature, detailing:
(1) Total funds disbursed;
(2) Number of claims processed; and
(3) Fund sustainability recommendations.
(c) The Mass Violence Care Fund Advisory Board is
established to review the Fund's operations and provide
recommendations. The board shall include representatives from:
(1) Victim services organizations;
(2) The Texas Department of Public Safety; and
(3) The Texas Health and Human Services Commission.
(d) The Governor's Office shall appoint the members of the
Advisory Board.
Section 6. IMPLEMENTATION
The Office of the Attorney General shall implement the
provisions of this Act no later than one year after its effective
date.
Section 7. This Act takes effect September 1, 2025, if
enacted by the Texas Legislature.