Bill Text: TX SB146 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the Uvalde Victims' Compensation Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB146 Detail]
Download: Texas-2023-SB146-Introduced.html
By: Gutierrez | S.B. No. 146 | |
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relating to the creation of the Uvalde Victims' Compensation Fund | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 12, Government Code, is amended by adding | ||
Chapter 4009 to read as follows: | ||
CHAPTER 4009. UVALDE VICTIMS' COPENSATION FUND | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 4009.001. SHORT TITLE. This chapter may be cited as | ||
the Uvalde Victims' Compensation Act. | ||
Sec. 4009.002. LEGISLATIVE FINDINGS AND INTENT. (a) The | ||
legislature recognizes that the attack on Robb Elementary School in | ||
Uvalde, Texas on May 24, 2022, was a heinous crime exacerbated by | ||
the inaction and dereliction of duty of law enforcement officers | ||
and public officials across this state. Local and state police | ||
officers arrived on location in the early stages of the attack and | ||
waited more than an hour to confront the attacker and to render aid | ||
to the victims. As a consequence of their inaction, victims bled out | ||
and perished. The legislature finds that there is an emergent need | ||
to compensate the victims and their families of the Uvalde attack. | ||
The legislature also finds that there is a public calamity in | ||
relation to gun violence in Texas necessitating a grant of aid to | ||
the community of Uvalde. The legislature further finds that the | ||
every governmental unit and their employees acted with willful or | ||
gross negligence, bad faith, conscious indifference or reckless | ||
disregard for the lives of the victims of the attack on Robb | ||
Elementary. | ||
(b) It is the legislature's intent that the compensation | ||
provided to the innocent victims of the violent crime that occurred | ||
at Robb Elementary ameliorates the pain caused by the attack and the | ||
damage done to the community of Uvalde County. | ||
Sec. 4009.003. 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 at the time of the | ||
criminally injurious conduct. | ||
(5) "Victim" means an individual who suffered personal | ||
injury or death as a result of the criminally injurious conduct or | ||
as a result of actions taken by the attacker of Robb Elementary | ||
School on May 24, 2022. | ||
SUBCHAPTER B. UVALDE VICTIMS' COMPENSATION BOARD | ||
Sec. 4009.010. MEMBERSHIP. (a) The Uvalde Victims' | ||
Compensation Board consists of: | ||
(1) the governor; | ||
(2) the lieutenant governor; | ||
(3) the speaker of the house of representatives; | ||
(4) the state senator representing Uvalde County; and | ||
(5) the state representative representing Uvalde County. | ||
(b) The governor is the chair of the board. | ||
Sec. 4009.011. QUORUM; MEETINGS. (a) A majority of the | ||
members of the board constitutes a quorum to transact business. If | ||
a quorum is present, the board may act on any matter that is within | ||
its jurisdiction by a majority vote. | ||
(b) The board shall meet as often as necessary to perform | ||
its duties. Meetings may be held at any time at the request of | ||
either of the chair of the board or on written petition of a | ||
majority of the members of the board. | ||
(c) The board shall meet in Austin, except that if a | ||
majority of the members of the board agree, the board may meet in | ||
any location determined by the board. | ||
Sec. 4009.012 TYPES OF ASSISTANCE. (a) On receiving and | ||
reviewing an application for compensation under Section 4009.013, | ||
the Board 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 the | ||
attack on Robb Elementary on May 24, 2022. | ||
(b) After certifying the veracity of the application, the | ||
board shall authorize the following cash payment to a victim, a | ||
victim's immediate family, or a member of the household of the | ||
victim: | ||
(1) $7,700,000 dollars per deceased victim payable to the | ||
victim's immediate surviving family or members of the household at | ||
the discretion of the board; | ||
(2) $2,100,000 dollars per seriously physically injured | ||
victim payable to the victim; and | ||
(3) $250,000 dollars per mental or emotional disability | ||
resulting from the attack on Robb Elementary on May 24, 2022. | ||
(c) Upon reviewing the totality of factual circumstances | ||
surrounding the application, the board may divide the award between | ||
members of the immediate family, household, or legal guardians. | ||
Sec. 4009.013. APPLICATION FOR COMPENSATION. (a) An | ||
applicant for compensation under this chapter must apply in writing | ||
on a form prescribed by the board. | ||
(b) An application for compensation under this chapter must | ||
be verified and contain: | ||
(1) the date on which the criminally injurious conduct | ||
occurred; | ||
(2) a description of the nature and circumstances of | ||
the criminally injurious conduct; | ||
(3) a statement indicating the extent of the | ||
psychological or physical injury caused by the criminally injurious | ||
conduct, including any disability resulting from the injury | ||
incurred; | ||
(4) an authorization permitting the board to verify | ||
the contents of the application; | ||
(5) a description of the residence of the applicant on | ||
May 24, 2022; and | ||
(6) the relationship by consanguinity, affinity, or | ||
legal guardianship to any victim of the attack on Robb Elementary | ||
that occurred on May 24, 2022. | ||
Sec. 4009.014. REVIEW OF APPLICATION. (a)The board shall | ||
review each application for compensation described by Section | ||
4009.013 to ensure the application is complete. | ||
(b) The board 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: | ||
(1) provide the additional information; or | ||
(2) appeal the action to the board, who shall review | ||
the application to determine whether the application is complete. | ||
(c) The board may investigate an application. | ||
(d) As part of the board's review, verification, and hearing | ||
duties under this chapter, the board may investigate the | ||
application for truthfulness. | ||
Sec. 409.015. METHOD OF PAYMENT. The board shall pay an | ||
award in a lump sum. | ||
Sec. 4009.016. LIMITS ON DISBURSEMENTS. (a) Except as | ||
otherwise provided by this article, awards payable to all victims | ||
and all claimants pursuant to this Chapter may not exceed | ||
$300,000,000 in the aggregate. | ||
SECTION 2. This compensation shall be cumulative of all | ||
other remedies, benefits, or compensation provided for by law. In | ||
addition, by passage of this bill, the State of Texas waives | ||
sovereign immunity for itself and also waives any qualified | ||
immunity of any employee of the State or local government for any | ||
legal claims resulting from the attack on Robb Elementary School on | ||
May 24, 2022. The State of Texas hereby waives any governmental | ||
immunity that may be sought by any subdivision or municipality of | ||
this state in relation to any legal claim made concerning the attack | ||
on Robb Elementary School on May 24, 2022. | ||
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. |