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.