Bill Text: TX HB4721 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the School Violence Victims' Compensation Fund
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Youth Health & Safety, Select [HB4721 Detail]
Download: Texas-2023-HB4721-Introduced.html
By: Hinojosa | H.B. No. 4721 |
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relating to the creation of the School Violence Victims' | ||
Compensation Fund | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Government Code, is amended by adding to | ||
Chapter 403, subchapter S to read as follows: | ||
SUBCHAPTER S. GENERAL PROVISIONS | ||
Sec. 403.601. SHORT TITLE. This chapter may be cited as the | ||
School Violence Victims' Compensation Act. | ||
Sec. 403.602. DEFINITIONS. In this chapter: | ||
(1) "Claimant" means any of the following individuals, | ||
other than a service provider, who is entitled to file or has filed | ||
a claim for compensation under this chapter: | ||
(A) an authorized individual acting on behalf of | ||
a victim; | ||
(B) a dependent of a victim who died or was | ||
injured as a result of the criminally injurious conduct; | ||
(C) an immediate family member or a household | ||
member of a victim; | ||
(D) an authorized individual acting on behalf of | ||
a child described by Paragraph (B) or (C). | ||
(2) "Household member" means an individual who: | ||
(A) is related by consanguinity or affinity to | ||
the victim or is the legal guardian of the victim; and | ||
(B) resided in the same permanent household as | ||
the victim at the time that the criminally injurious conduct | ||
occurred. | ||
(4) "Immediate family member" means an individual who | ||
is related to a victim within the second degree by consanguinity or | ||
affinity or is a legal guardian of the victim. | ||
(5) "Victim" means an individual who suffered personal | ||
injury or death as a result of a gun-related incident in a Texas | ||
public school since January 1, 2018. | ||
Sec. 403.603 TYPES OF ASSISTANCE. (a) On receiving and | ||
reviewing an application for compensation under Section 403.605, | ||
the Comptroller shall authorize a cash payment within 60 days to a | ||
victim, a victim's immediate family, or a member of the household of | ||
the victim if the victim was seriously physically injured, | ||
murdered, or suffering from mental or emotional disability on | ||
account of a gun-related incident in a Texas public school. | ||
(b) After certifying the veracity of the application, the | ||
Comptroller shall authorize the following cash payment to a victim, | ||
a victim's immediate family, or a member of the household of the | ||
victim: | ||
(1) $1,000,000 dollars per deceased victim payable to | ||
the victim's immediate surviving family or members of the | ||
household; | ||
(2) $250,000 dollars per seriously physically injured | ||
victim payable to the victim; | ||
(3) $100,000 dollars per mental or emotional | ||
disability victim payable to the victim; and | ||
(4) $50,000 per physically injured victim payable to | ||
the victim. | ||
(c) Upon reviewing the totality of factual circumstances | ||
surrounding the application, the Comptroller may divide the award | ||
between members of the immediate family, household, or legal | ||
guardians. | ||
Sec. 403.604. APPLICATION FOR COMPENSATION. (a) An | ||
applicant for compensation under this chapter must apply in writing | ||
on a form prescribed by the Comptroller. | ||
(b) An application for compensation under this chapter must | ||
be verified and contain: | ||
(1) the date on which the injurious conduct occurred; | ||
(2) a description of the nature and circumstances of | ||
the injurious conduct; | ||
(3) a statement indicating the extent of the | ||
psychological or physical injury caused by the injurious conduct, | ||
including any disability resulting from the injury incurred; | ||
(4) an authorization permitting the board to verify | ||
the contents of the application; and | ||
(5) the relationship by consanguinity, affinity, or | ||
legal guardianship to any victim of a gun-related incident in a | ||
Texas public school. | ||
Sec. 403.605. REVIEW OF APPLICATION. (a) The Comptroller | ||
shall review each application for compensation described by Section | ||
403.604 to ensure the application is complete. | ||
(b) The Comptroller shall return to the claimant or victim | ||
any application that is incomplete and shall provide a brief | ||
statement showing the additional information required. Not later | ||
than the 30th day after the date of receiving a returned | ||
application, a claimant or victim may provide the additional | ||
information. | ||
(c) The Comptroller may investigate an application. | ||
(d) As part of the Comptroller's review and verification | ||
duties under this subchapter, the Comptroller may investigate the | ||
application for truthfulness. | ||
Sec. 403.606. METHOD OF PAYMENT. The Comptroller shall pay | ||
an award in a lump sum. | ||
SECTION 2. This compensation shall be cumulative of all | ||
other remedies, benefits, or compensation provided for by law. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |