By: Gutierrez S.B. No. 146               A BILL TO BE ENTITLED   AN ACT   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.