89R6252 DRS-D     By: Creighton S.B. No. 2623       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)  "Homeless services" mean services intended   primarily to benefit individuals experiencing homelessness.  The   term includes services for shelter, medical care, meals, drug   rehabilitation, job training, financial assistance, and mental   health treatment.                (2)  "Institution of higher education," "playground,"   "premises," and "school" have the meanings assigned by Section   481.134, Health and Safety Code.                (3)  "Provider organization" means a nongovernmental   entity providing homeless services.                (4)  "School safety zone" means the premises of an   institution of higher education, playground, or school.                (5)  "Task force" means the school safety zones task   force established under Section 370A.051.   SUBCHAPTER B.  SCHOOL SAFETY ZONES TASK FORCE          Sec. 370A.051.  TASK FORCE. The school safety zones task   force is established and is composed of four members appointed by   the governor as follows:                (1)  one member that represents the Department of   Public Safety;                (2)  one member that represents the attorney general;                (3)  one member that represents the Texas Education   Agency; and                (4)  one member that represents the Texas Department of   Licensing and Regulation.          Sec. 370A.052.  DUTIES. The task force shall:                (1)  identify each facility in this state providing   homeless services within 1.5 miles of a school safety zone; and                (2)  for each facility identified under this section,   notify:                      (A)  the municipality in which the facility is   located; or                      (B)  if the facility is located in the   unincorporated area of a county, the county in which the facility is   located.          Sec. 370A.053.  REPORT. Not later than January 1 of each   odd-numbered year, the task force shall provide a written report   and recommendations relating to the provision of homeless services   near school safety zones to the governor, lieutenant governor, and   speaker of the house of representatives.          Sec. 370A.054.  RECOMMENDATIONS ON LICENSING OF HOMELESS   SERVICES FACILITIES. The task force shall, in consultation with   the Texas Department of Licensing and Regulation, develop   recommendations on legislation to require a facility providing   homeless services to obtain a license from the Texas Department of   Licensing and Regulation to operate. Any recommendations developed   under this section must be included in the task force's initial   report under Section 370A.053. This subsection expires January 1,   2028.   SUBCHAPTER C.  HOMELESS SERVICES PROHIBITED NEAR SCHOOL SAFETY   ZONES          Sec. 370A.101.  APPLICABILITY OF SUBCHAPTER. This   subchapter does not apply to homeless services provided 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.          Sec. 370A.102.  PROHIBITION. (a)  A municipality, county,   or provider organization may not provide homeless services within   1.5 miles of a school safety zone.          (b)  A municipality or county that receives notice under   Section 370A.052 of a facility operating within 1.5 miles of a   school safety zone 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 homeless services at the facility; or                 (2)  if the facility is operated by a provider   organization, direct the police or sheriff's department, as   applicable, to order the provider organization to stop providing   homeless services at the facility.          Sec. 370A.103.  ENFORCEMENT: VIOLATION BY PROVIDER   ORGANIZATION.  (a)  A provider organization that the task force   determines has violated Section 370A.102(a) and that does not stop   providing homeless services as ordered under Section 370A.102(b) is   liable to this state for a civil penalty in an amount not to exceed   $50,000 for each day after the date the organization receives an   order under Section 370A.102(b).          (b)  The attorney general may bring an action to:                (1)  recover a civil penalty under this section; and                (2)  direct the secretary of state to revoke or   terminate the organization's registration or certificate of   formation.          Sec. 370A.104.  ENFORCEMENT: VIOLATION BY MUNICIPALITY OR   COUNTY.  (a)  In this section:                (1)  "No-new-revenue tax rate" means the   no-new-revenue tax rate calculated under Chapter 26, Tax Code.                (2)  "Tax year" has the meaning assigned by Section   1.04, Tax Code.          (b)  Notwithstanding any other law, if the attorney general   determines that a municipality or county has violated Section   370A.102(a) and has not stopped or ordered a provider organization   to stop providing homeless services within the period required by   Section 370A.102(b):                (1)  the municipality or county may not adopt an ad   valorem tax rate that exceeds the municipality's or county's   no-new-revenue tax rate for the tax year that begins on or after the   date of the determination; and                (2)  the attorney general shall submit written notice   to the comptroller instructing the comptroller to withhold any   money due to the municipality or county under Section 321.502 or   323.502, Tax Code, as applicable, until the attorney general   notifies the comptroller that the municipality or county has   resolved the violation.          (c)  The attorney general must provide to the municipality or   county a copy of the notice submitted to the comptroller under   Subsection (b)(2).          (d)  On the date the attorney general determines the   violation has been resolved, the attorney general shall provide   written notice of the resolution to the comptroller and the task   force.          (e)  The comptroller may not distribute any money to the   municipality or county under Section 321.502 or 323.502, Tax Code,   as applicable, during the period beginning on the date the   comptroller receives the notice under Subsection (b)(2) and ending   on the date the comptroller receives the notice described by   Subsection (d).          SECTION 2.  Section 321.502, Tax Code, is amended to read as   follows:          Sec. 321.502.  DISTRIBUTION OF TRUST FUNDS.  Subject to   Section 370A.104, Local Government Code, at [At] least twice during   each state fiscal year and at other times as often as feasible, the   comptroller shall send to the municipal treasurer or to the person   who performs the office of the municipal treasurer payable to the   municipality the municipality's share of the taxes collected by the   comptroller under this chapter.          SECTION 3.  Section 323.502, Tax Code, is amended to read as   follows:          Sec. 323.502.  DISTRIBUTION OF TRUST FUNDS.  Subject to   Section 370A.104, Local Government Code, at [At] least twice during   each state fiscal year and at other times as often as feasible, the   comptroller shall send to the county treasurer payable to the   county the county's share of the taxes collected by the comptroller   under this chapter.          SECTION 4.  As soon as practicable after the effective date   of this Act, the governor shall appoint members to the school safety   zones task force established by Section 370A.051, Local Government   Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2025.