By: Gutierrez, et al. S.B. No. 574               A BILL TO BE ENTITLED   AN ACT   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.  LEGISLATIVE FINDINGS AND INTENT. (a) The   legislature recognizes that it shall be the duty of the legislature   to establish and make suitable provision for the support and   maintenance of an efficient system of public free schools. The   legislature further finds that a public school system in which   Texas students are not safe from gun violence is not efficient nor   suitable. The legislature also finds that there is a public   calamity in relation to gun violence in Texas public schools   necessitating a grant of aid to the students, teachers, and   educational support personnel that have been victims of gun   violence.           (b)  It is the legislature's intent that the compensation   provided to the innocent victims of the violent gun-related crime   that have occurred and will occur at Texas public schools   ameliorates the pain caused by those attacks.          Sec. 406.603.  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. 403.604  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. 403.605.  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. 403.606.  REVIEW OF APPLICATION. (a) The Comptroller   shall review each application for compensation described by Section   403.605 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. 403.607.  METHOD OF PAYMENT. The Comptroller shall pay   an award in a lump sum.          SECTION 2.  Title 2, Tax Code, by adding Chapter 164 to read   as follows:   CHAPTER 164. FIREARM AND AMMO TAX   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 164.001.  IMPOSITION AND RATE OF TAX. (a) A tax is   imposed on every retail sale of firearms or ammunition sold in this   state.          (b)  The tax rates are:                (1)  five cents per round of ammunition for a firearm;   and                (2)  $50.00 per firearm.          Sec. 164.002.  DEDICATION TO THE SCHOOL VIOLENCE   VICTIMS'COMPENSATION FUND. The revenue collected from any tax   imposed by this chapter, and deposited to the general revenue fund   may only be spent to fund the School Violence Victims' Compensation   Fund under Subchapter S, Chapter 403, Government Code.          SECTION 3.  This compensation shall be cumulative of all   other remedies, benefits, or compensation provided for by law.          SECTION 4.  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.