89R6252 DRS-D
By: Creighton S.B. No. 2623
A BILL TO BE ENTITLED
AN ACT
relating to establishment and enforcement of school safety zones;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 11, Local Government Code, is
amended by adding Chapter 370A to read as follows:
CHAPTER 370A. ENFORCEMENT OF SCHOOL SAFETY ZONES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 370A.001. DEFINITIONS. In this chapter:
(1) "Homeless services" mean services intended
primarily to benefit individuals experiencing homelessness. The
term includes services for shelter, medical care, meals, drug
rehabilitation, job training, financial assistance, and mental
health treatment.
(2) "Institution of higher education," "playground,"
"premises," and "school" have the meanings assigned by Section
481.134, Health and Safety Code.
(3) "Provider organization" means a nongovernmental
entity providing homeless services.
(4) "School safety zone" means the premises of an
institution of higher education, playground, or school.
(5) "Task force" means the school safety zones task
force established under Section 370A.051.
SUBCHAPTER B. SCHOOL SAFETY ZONES TASK FORCE
Sec. 370A.051. TASK FORCE. The school safety zones task
force is established and is composed of four members appointed by
the governor as follows:
(1) one member that represents the Department of
Public Safety;
(2) one member that represents the attorney general;
(3) one member that represents the Texas Education
Agency; and
(4) one member that represents the Texas Department of
Licensing and Regulation.
Sec. 370A.052. DUTIES. The task force shall:
(1) identify each facility in this state providing
homeless services within 1.5 miles of a school safety zone; and
(2) for each facility identified under this section,
notify:
(A) the municipality in which the facility is
located; or
(B) if the facility is located in the
unincorporated area of a county, the county in which the facility is
located.
Sec. 370A.053. REPORT. Not later than January 1 of each
odd-numbered year, the task force shall provide a written report
and recommendations relating to the provision of homeless services
near school safety zones to the governor, lieutenant governor, and
speaker of the house of representatives.
Sec. 370A.054. RECOMMENDATIONS ON LICENSING OF HOMELESS
SERVICES FACILITIES. The task force shall, in consultation with
the Texas Department of Licensing and Regulation, develop
recommendations on legislation to require a facility providing
homeless services to obtain a license from the Texas Department of
Licensing and Regulation to operate. Any recommendations developed
under this section must be included in the task force's initial
report under Section 370A.053. This subsection expires January 1,
2028.
SUBCHAPTER C. HOMELESS SERVICES PROHIBITED NEAR SCHOOL SAFETY
ZONES
Sec. 370A.101. APPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to homeless services provided at a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code.
Sec. 370A.102. PROHIBITION. (a) A municipality, county,
or provider organization may not provide homeless services within
1.5 miles of a school safety zone.
(b) A municipality or county that receives notice under
Section 370A.052 of a facility operating within 1.5 miles of a
school safety zone shall, not later than the seventh day after the
date the municipality or county receives the notice:
(1) if the facility is operated by the municipality or
county, stop providing homeless services at the facility; or
(2) if the facility is operated by a provider
organization, direct the police or sheriff's department, as
applicable, to order the provider organization to stop providing
homeless services at the facility.
Sec. 370A.103. ENFORCEMENT: VIOLATION BY PROVIDER
ORGANIZATION. (a) A provider organization that the task force
determines has violated Section 370A.102(a) and that does not stop
providing homeless services as ordered under Section 370A.102(b) is
liable to this state for a civil penalty in an amount not to exceed
$50,000 for each day after the date the organization receives an
order under Section 370A.102(b).
(b) The attorney general may bring an action to:
(1) recover a civil penalty under this section; and
(2) direct the secretary of state to revoke or
terminate the organization's registration or certificate of
formation.
Sec. 370A.104. ENFORCEMENT: VIOLATION BY MUNICIPALITY OR
COUNTY. (a) In this section:
(1) "No-new-revenue tax rate" means the
no-new-revenue tax rate calculated under Chapter 26, Tax Code.
(2) "Tax year" has the meaning assigned by Section
1.04, Tax Code.
(b) Notwithstanding any other law, if the attorney general
determines that a municipality or county has violated Section
370A.102(a) and has not stopped or ordered a provider organization
to stop providing homeless services within the period required by
Section 370A.102(b):
(1) the municipality or county may not adopt an ad
valorem tax rate that exceeds the municipality's or county's
no-new-revenue tax rate for the tax year that begins on or after the
date of the determination; and
(2) the attorney general shall submit written notice
to the comptroller instructing the comptroller to withhold any
money due to the municipality or county under Section 321.502 or
323.502, Tax Code, as applicable, until the attorney general
notifies the comptroller that the municipality or county has
resolved the violation.
(c) The attorney general must provide to the municipality or
county a copy of the notice submitted to the comptroller under
Subsection (b)(2).
(d) On the date the attorney general determines the
violation has been resolved, the attorney general shall provide
written notice of the resolution to the comptroller and the task
force.
(e) The comptroller may not distribute any money to the
municipality or county under Section 321.502 or 323.502, Tax Code,
as applicable, during the period beginning on the date the
comptroller receives the notice under Subsection (b)(2) and ending
on the date the comptroller receives the notice described by
Subsection (d).
SECTION 2. Section 321.502, Tax Code, is amended to read as
follows:
Sec. 321.502. DISTRIBUTION OF TRUST FUNDS. Subject to
Section 370A.104, Local Government Code, at [At] least twice during
each state fiscal year and at other times as often as feasible, the
comptroller shall send to the municipal treasurer or to the person
who performs the office of the municipal treasurer payable to the
municipality the municipality's share of the taxes collected by the
comptroller under this chapter.
SECTION 3. Section 323.502, Tax Code, is amended to read as
follows:
Sec. 323.502. DISTRIBUTION OF TRUST FUNDS. Subject to
Section 370A.104, Local Government Code, at [At] least twice during
each state fiscal year and at other times as often as feasible, the
comptroller shall send to the county treasurer payable to the
county the county's share of the taxes collected by the comptroller
under this chapter.
SECTION 4. As soon as practicable after the effective date
of this Act, the governor shall appoint members to the school safety
zones task force established by Section 370A.051, Local Government
Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2025.