Relating to establishment and enforcement of school safety zones; providing a civil penalty.

89(R) SB 2623 - House Committee Report version - Bill Text

89R29047 DRS-D

By: Creighton

S.B. No. 2623

(Harris)

Substitute the following for S.B. No. 2623:
No.

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) "Park" means any outdoor facility that is:

(A) not on the premises of a school;

(B) intended for recreation; and

(C) open to the public.

(5)

"Premises" has the meaning assigned by Section

481.134, Health and Safety Code.

(6) "School safety zone" means the premises of:

(A)

an independent school district campus that

does not operate an adult education program;

(B) an institution of higher education; or

(C) a park.

(7)

"Service provider" means an organization or

government-funded facility operator that provides navigation

services.

(8)

"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 community center established under Chapter

534, Health and Safety Code;

(15)

by a mental health facility operating under

Chapter 577, Health and Safety Code;

(16)

by a family violence center operating under

Chapter 51, Human Resources Code; or

(17)

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.