Texas 2025 - 89th Regular

Texas Senate Bill SB2623 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6252 DRS-D
2	2	By: Creighton S.B. No. 2623
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to establishment and enforcement of school safety zones;
10	10	providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 11, Local Government Code, is
13	13	amended by adding Chapter 370A to read as follows:
14	14	CHAPTER 370A. ENFORCEMENT OF SCHOOL SAFETY ZONES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 370A.001. DEFINITIONS. In this chapter:
17	17	(1) "Homeless services" mean services intended
18	18	primarily to benefit individuals experiencing homelessness. The
19	19	term includes services for shelter, medical care, meals, drug
20	20	rehabilitation, job training, financial assistance, and mental
21	21	health treatment.
22	22	(2) "Institution of higher education," "playground,"
23	23	"premises," and "school" have the meanings assigned by Section
24	24	481.134, Health and Safety Code.
25	25	(3) "Provider organization" means a nongovernmental
26	26	entity providing homeless services.
27	27	(4) "School safety zone" means the premises of an
28	28	institution of higher education, playground, or school.
29	29	(5) "Task force" means the school safety zones task
30	30	force established under Section 370A.051.
31	31	SUBCHAPTER B. SCHOOL SAFETY ZONES TASK FORCE
32	32	Sec. 370A.051. TASK FORCE. The school safety zones task
33	33	force is established and is composed of four members appointed by
34	34	the governor as follows:
35	35	(1) one member that represents the Department of
36	36	Public Safety;
37	37	(2) one member that represents the attorney general;
38	38	(3) one member that represents the Texas Education
39	39	Agency; and
40	40	(4) one member that represents the Texas Department of
41	41	Licensing and Regulation.
42	42	Sec. 370A.052. DUTIES. The task force shall:
43	43	(1) identify each facility in this state providing
44	44	homeless services within 1.5 miles of a school safety zone; and
45	45	(2) for each facility identified under this section,
46	46	notify:
47	47	(A) the municipality in which the facility is
48	48	located; or
49	49	(B) if the facility is located in the
50	50	unincorporated area of a county, the county in which the facility is
51	51	located.
52	52	Sec. 370A.053. REPORT. Not later than January 1 of each
53	53	odd-numbered year, the task force shall provide a written report
54	54	and recommendations relating to the provision of homeless services
55	55	near school safety zones to the governor, lieutenant governor, and
56	56	speaker of the house of representatives.
57	57	Sec. 370A.054. RECOMMENDATIONS ON LICENSING OF HOMELESS
58	58	SERVICES FACILITIES. The task force shall, in consultation with
59	59	the Texas Department of Licensing and Regulation, develop
60	60	recommendations on legislation to require a facility providing
61	61	homeless services to obtain a license from the Texas Department of
62	62	Licensing and Regulation to operate. Any recommendations developed
63	63	under this section must be included in the task force's initial
64	64	report under Section 370A.053. This subsection expires January 1,
65	65	2028.
66	66	SUBCHAPTER C. HOMELESS SERVICES PROHIBITED NEAR SCHOOL SAFETY
67	67	ZONES
68	68	Sec. 370A.101. APPLICABILITY OF SUBCHAPTER. This
69	69	subchapter does not apply to homeless services provided at a
70	70	location operating as an emergency shelter during a state of
71	71	disaster declared under Section 418.014, Government Code, or a
72	72	local state of disaster declared under Section 418.108, Government
73	73	Code.
74	74	Sec. 370A.102. PROHIBITION. (a) A municipality, county,
75	75	or provider organization may not provide homeless services within
76	76	1.5 miles of a school safety zone.
77	77	(b) A municipality or county that receives notice under
78	78	Section 370A.052 of a facility operating within 1.5 miles of a
79	79	school safety zone shall, not later than the seventh day after the
80	80	date the municipality or county receives the notice:
81	81	(1) if the facility is operated by the municipality or
82	82	county, stop providing homeless services at the facility; or
83	83	(2) if the facility is operated by a provider
84	84	organization, direct the police or sheriff's department, as
85	85	applicable, to order the provider organization to stop providing
86	86	homeless services at the facility.
87	87	Sec. 370A.103. ENFORCEMENT: VIOLATION BY PROVIDER
88	88	ORGANIZATION. (a) A provider organization that the task force
89	89	determines has violated Section 370A.102(a) and that does not stop
90	90	providing homeless services as ordered under Section 370A.102(b) is
91	91	liable to this state for a civil penalty in an amount not to exceed
92	92	$50,000 for each day after the date the organization receives an
93	93	order under Section 370A.102(b).
94	94	(b) The attorney general may bring an action to:
95	95	(1) recover a civil penalty under this section; and
96	96	(2) direct the secretary of state to revoke or
97	97	terminate the organization's registration or certificate of
98	98	formation.
99	99	Sec. 370A.104. ENFORCEMENT: VIOLATION BY MUNICIPALITY OR
100	100	COUNTY. (a) In this section:
101	101	(1) "No-new-revenue tax rate" means the
102	102	no-new-revenue tax rate calculated under Chapter 26, Tax Code.
103	103	(2) "Tax year" has the meaning assigned by Section
104	104	1.04, Tax Code.
105	105	(b) Notwithstanding any other law, if the attorney general
106	106	determines that a municipality or county has violated Section
107	107	370A.102(a) and has not stopped or ordered a provider organization
108	108	to stop providing homeless services within the period required by
109	109	Section 370A.102(b):
110	110	(1) the municipality or county may not adopt an ad
111	111	valorem tax rate that exceeds the municipality's or county's
112	112	no-new-revenue tax rate for the tax year that begins on or after the
113	113	date of the determination; and
114	114	(2) the attorney general shall submit written notice
115	115	to the comptroller instructing the comptroller to withhold any
116	116	money due to the municipality or county under Section 321.502 or
117	117	323.502, Tax Code, as applicable, until the attorney general
118	118	notifies the comptroller that the municipality or county has
119	119	resolved the violation.
120	120	(c) The attorney general must provide to the municipality or
121	121	county a copy of the notice submitted to the comptroller under
122	122	Subsection (b)(2).
123	123	(d) On the date the attorney general determines the
124	124	violation has been resolved, the attorney general shall provide
125	125	written notice of the resolution to the comptroller and the task
126	126	force.
127	127	(e) The comptroller may not distribute any money to the
128	128	municipality or county under Section 321.502 or 323.502, Tax Code,
129	129	as applicable, during the period beginning on the date the
130	130	comptroller receives the notice under Subsection (b)(2) and ending
131	131	on the date the comptroller receives the notice described by
132	132	Subsection (d).
133	133	SECTION 2. Section 321.502, Tax Code, is amended to read as
134	134	follows:
135	135	Sec. 321.502. DISTRIBUTION OF TRUST FUNDS. Subject to
136	136	Section 370A.104, Local Government Code, at [At] least twice during
137	137	each state fiscal year and at other times as often as feasible, the
138	138	comptroller shall send to the municipal treasurer or to the person
139	139	who performs the office of the municipal treasurer payable to the
140	140	municipality the municipality's share of the taxes collected by the
141	141	comptroller under this chapter.
142	142	SECTION 3. Section 323.502, Tax Code, is amended to read as
143	143	follows:
144	144	Sec. 323.502. DISTRIBUTION OF TRUST FUNDS. Subject to
145	145	Section 370A.104, Local Government Code, at [At] least twice during
146	146	each state fiscal year and at other times as often as feasible, the
147	147	comptroller shall send to the county treasurer payable to the
148	148	county the county's share of the taxes collected by the comptroller
149	149	under this chapter.
150	150	SECTION 4. As soon as practicable after the effective date
151	151	of this Act, the governor shall appoint members to the school safety
152	152	zones task force established by Section 370A.051, Local Government
153	153	Code, as added by this Act.
154	154	SECTION 5. This Act takes effect September 1, 2025.