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) "Emergency care" means bona fide emergency
services provided after a sudden onset of a medical or traumatic
condition manifested by acute symptoms of sufficient severity,
including severe pain, that the absence of immediate medical
attention could reasonably be expected to:
(A) place the patient's health in serious
jeopardy;
(B) result in serious impairment to the patient's
bodily functions; or
(C) result in serious dysfunction of any bodily
organ or body part of the patient.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Navigation services" means services that assist
individuals experiencing homelessness to access shelter, meals,
medical care, substance abuse treatment, mental health services,
employment resources, housing placement, and other services
necessary for reintegration into stable living conditions. The
term does not include the provision of emergency care or inpatient
care.
(4) "Premises" has the meaning assigned by Section
481.134, Health and Safety Code.
(5) "School safety zone" means the premises of an
independent school district campus that does not operate an adult
education program or institution of higher education.
(6) "Service provider" means an organization or
government-funded facility operator that provides navigation
services.
(7) "Task force" means the safe schools and
neighborhoods task force established under Section 370A.051.
Sec. 370A.002. APPLICABILITY OF CHAPTER. This chapter
applies only to the provision of navigation services by a service
provider using public funds to provide the services.
SUBCHAPTER B. SAFE SCHOOLS AND NEIGHBORHOODS TASK FORCE
Sec. 370A.051. TASK FORCE. (a) The safe schools and
neighborhoods task force is established and is composed of 11
members appointed by the governor as follows:
(1) one member who represents the Department of Public
Safety;
(2) one member who represents the attorney general;
(3) the chief of school safety and security for the
Texas Education Agency;
(4) one member who represents the Texas Department of
Housing and Community Affairs;
(5) one member who represents the Health and Human
Services Commission;
(6) one member of the State Board of Education;
(7) one member who represents the Texas Higher
Education Coordinating Board;
(8) one member who represents a faith-based service
provider;
(9) one member who represents a nonprofit service
provider;
(10) one member who represents the Texas Conference of
Urban Counties; and
(11) one member who represents the Texas Municipal
League.
(b) The governor shall appoint one member of the task force
to serve as chair.
Sec. 370A.052. DUTIES. The task force shall:
(1) identify each facility in this state providing
navigation services within 1,500 feet of a school safety zone;
(2) for each facility identified under this section:
(A) notify:
(i) the municipality in which the facility
is located; or
(ii) if the facility is located in the
unincorporated area of a county, the county in which the facility is
located;
(B) identify:
(i) the service provider operating the
facility; and
(ii) the specific services being provided
at the facility;
(C) provide written notice to the facility and
the service provider that, if the task force determines that the
facility is providing navigation services within 1,500 feet of a
school safety zone in violation of Section 370A.102, the service
provider is required to stop providing navigation services at the
facility not later than the 30th day after the date the service
provider receives the written notice or be subject to the penalties
provided by Section 370A.103; and
(D) determine whether a service provider that is
required by Section 370A.102 to stop providing navigation services
at the facility has stopped providing the services within the
30-day period prescribed by that section and give notice of the task
force's determination to the municipality or county, as applicable,
in which the facility is located; and
(3) develop and make legislative recommendations
relating to the provision of navigation services, including:
(A) regulation of service providers; and
(B) policies or laws that the task force
determines may be necessary to ensure the safe provision of
navigation services.
Sec. 370A.053. REPORT. (a) Not later than January 1 of
each even-numbered year, the task force shall provide a written
report of the legislative recommendations of the task force
described by Section 370A.052(3) to the governor, lieutenant
governor, and each member of the legislature.
(b) The task force shall provide the initial written report
required by Subsection (a) not later than September 1, 2026. This
subsection expires January 1, 2027.
Sec. 370A.054. RECOMMENDATIONS ON LICENSING OF NAVIGATION
SERVICES PROVIDERS. The task force shall, in consultation with the
Texas Department of Housing and Community Affairs and the
Department of State Health Services, develop recommendations on
legislation to require a service provider to obtain a license from
the Texas Department of Housing and Community Affairs to operate.
Any recommendations developed under this section must be included
in the task force's initial report under Section 370A.053. This
section expires January 1, 2027.
SUBCHAPTER C. NAVIGATION SERVICES PROHIBITED NEAR SCHOOL SAFETY
ZONES
Sec. 370A.101. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter does not apply to navigation services provided:
(1) 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;
(2) at a facility located between 300 feet and 1,500
feet from a school safety zone, if:
(A) the service provider operating the facility
demonstrates to the task force that the provision of navigation
services at the facility does not affect school safety; and
(B) the task force, after consideration of the
factors provided by Subsection (b), determines that the provision
of navigation services at the facility does not affect school
safety;
(3) within 1,500 feet of an institution of higher
education, if the governing body of the institution by official
action:
(A) elects to authorize the provision of
navigation services within 1,500 feet of the institution; and
(B) gives notice of the governing body's
determination under Paragraph (A) to the task force and the
municipality and county within which the institution is located;
(4) at a facility located within 1,500 feet of an
independent school district campus or institution of higher
education that is more than 20 acres in area;
(5) by an independent school district to enrolled
students and families of enrolled students of the district;
(6) by a municipal or county jail;
(7) by a hospital or health system or a contracted or
employed affiliate of a hospital or health system operating under
Chapter 241, Health and Safety Code;
(8) by a local mental health authority, as defined by
Section 531.002, Health and Safety Code;
(9) by a local behavioral health authority designated
by the Department of State Health Services under Section 533.0356,
Health and Safety Code;
(10) by a hospital district created under the
authority of Sections 4 through 11, Article IX, Texas Constitution;
(11) by a federally qualified health center as defined
by 42 U.S.C. Section 1396d(l)(2)(B) or a federally qualified health
center look-alike organized and operated under the authority of and
in compliance with 42 U.S.C. Section 254b;
(12) by a facility offering chemical dependency
treatment operating under Chapter 464, Health and Safety Code;
(13) by a facility offering a narcotic drug treatment
program operating under Chapter 466, Health and Safety Code;
(14) by a mental health facility operating under
Chapter 577, Health and Safety Code;
(15) by a family violence center operating under
Chapter 51, Human Resources Code; or
(16) at a facility located within 1,500 feet of a
school safety zone that is separated from the school safety zone by
a state highway or controlled access highway.
(b) In determining whether the provision of navigation
services at a facility does not affect school safety under
Subsection (a)(2)(B), the task force shall consider:
(1) the effect of the provision of navigation services
at the facility on public health and safety within 1,500 feet of the
facility, including the number of calls for service from a law
enforcement or fire protection agency or calls for emergency
medical services to an address within 500 feet of the facility
within the last 12 months;
(2) the type of clients the facility serves, including
the degree to which the facility serves children, families, or
single adults;
(3) the type of services the facility provides,
including shelter, drug treatment, and mental health services;
(4) whether the facility requires clients to enter
into a contract for service that prohibits the use of drugs or
alcohol, and the effectiveness of the contract program; and
(5) support for or opposition to the facility from:
(A) individuals residing within 1,500 feet of the
facility;
(B) businesses operating within 1,500 feet of the
facility;
(C) elected officials of the municipality,
county, or school district in which the facility is located; and
(D) other service providers of facilities that
provide navigation services within 1,500 feet of a school safety
zone.
Sec. 370A.102. PROHIBITION. (a) A service provider may not
provide navigation services at a facility located within 1,500 feet
of a school safety zone.
(b) A service provider that receives notice from the task
force under Section 370A.052(2)(C) of the task force's
determination that a facility operated by the service provider is
providing navigation services within 1,500 feet of a school safety
zone in violation of this section shall stop providing navigation
services at the facility not later than the 30th day after the date
the service provider receives the notice.
(c) A municipality or county that receives notice from the
task force under Section 370A.052(2)(D) of the task force's
determination that a facility has failed to stop providing
navigation services within the 30-day period prescribed by
Subsection (b) 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 navigation services at the facility; or
(2) if the facility is operated by a service provider,
direct the police or sheriff's department, as applicable, to order
the service provider operating the facility to stop providing
navigation services at the facility.
Sec. 370A.103. ENFORCEMENT. (a) A service provider that
the attorney general determines has violated Section 370A.102(a)
and that does not stop providing navigation services as ordered
under Section 370A.102(c) is liable to this state for a civil
penalty of $5,000 for each day after the date the service provider
receives an order under Section 370A.102(c).
(b) The attorney general may bring an action:
(1) for injunctive relief or to recover a civil
penalty under this section; and
(2) to direct the secretary of state to revoke or
terminate a service provider's registration or certificate of
formation.
(c) Governmental immunity to suit and from liability is
waived to the extent of liability created by this section.
(d) The attorney general may recover reasonable attorney's
fees and court costs incurred in bringing an action under this
section.
Sec. 370A.104. PROHIBITION ON CERTAIN INDEPENDENT SCHOOL
DISTRICT CAMPUS LOCATIONS. (a) An independent school district may
not locate a new campus within 1,500 feet of a facility:
(1) that is providing navigation services; and
(2) at which the service provider operating the
facility intends to provide navigation services at the time the new
independent school district campus is open to students.
(b) An independent school district may not reopen a closed
campus or other property serving students of the district if the
campus or other property is located within 1,500 feet of a facility
providing navigation services.
(c) A school district board of trustees shall consult with
the task force to implement this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint members to the safe schools
and neighborhoods task force established by Section 370A.051, Local
Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.