SB2623 - Relating to establishment and enforcement of school safety zones; providing a civil penalty.

  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;         &#xA [Text truncated for display. Full text available on LegiScan.]