By: Plesa H.B. No. 5644       A BILL TO BE ENTITLED   AN ACT   relating to a Mass Violence Care Fund to assist victims of mass   violence with unreimbursed medical expenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 56B, Code of Criminal   Procedure, is amended by adding Article 56B.110 to read as follows:                Art. 56B.110.  MASS VIOLENCE CARE FUND          Section 1.  Definitions. In this section:                (1)  "Commission" means the Texas Judicial Branch   Certification Commission or other appropriate agency overseeing   victim compensation.                (2)  "Mass violence event" means an intentional   criminal act resulting in physical injury to three or more   individuals, excluding the perpetrator, occurring in a public space   within close geographical proximity.                (3)  "Victim of mass violence" means a person who has   suffered physical, emotional, or psychological injury as the direct   result of a mass violence event. "Victim of mass violence" includes   a person who directly suffered the physical, emotional, or   psychological injury through their physical presence during an   event or, if such person was physically injured or killed, such   person's spouse, child, parent, sibling, legal guardian or other   family or household member (such as a caretaker).          Section 2.  Establishment of the Mass Violence Care Fund.          (a)  The Mass Violence Care Fund (the "Fund") is established   as a permanent non-reverting fund within the Crime Victims'   Compensation Fund to cover both past, current and future victims of   mass violence in the state, to be administered by the Office of the   Texas Attorney General.          (b)  The Fund consists of:                (1)  Legislative appropriations designated for this   purpose;                (2)  Gifts, donations, grants, and other   contributions;                (3)  Investment earnings, interest, and returns on   capital; and                (4)  Any other funds designated by law.          Section 3.  Investment and Management:          (a)  The Texas Comptroller shall invest the Fund's principal   in accordance with the Public Funds Investment Act (Texas   Government Code, Chapter 2256), using strategies that ensure   capital preservation and growth.          (b)  Only the interest, investment income, and dividends   generated from the Fund may be used to reimburse victims of mass   violence, ensuring the principal remains intact.          (c)  The interest and investment earnings and remaining   funds at year end shall be reinvested into the Fund until a   threshold amount, determined by the Attorney General in   consultation with the Comptroller, is reached to sustain long-term   disbursements.          (d)  The Fund shall operate as a self-sustaining,   non-reverting financial resource, with annual disbursements capped   at the amount of accrued investment earnings to ensure its   long-term viability.          Section 4.  Administration and Disbursement.          (a)  The Office of the Attorney General shall adopt rules for   the administration of the Fund, including:                (1)  Application procedures; and                (2)  Eligibility criteria.          (a)  The Commission will determine if, in fact, a crime was   committed or attempted, and the extent, if any, to which the victim   or claimant was responsible for his own injury. These such data   shall include prior adult arrest records and juvenile court   disposition records of the offender. For such purposes and in   accordance Texas Family Code Section 58.005 and 58.007, the   Commission may also acquire from the juvenile and domestic   relations district courts a copy of the order of disposition   relating to the crime. The use of any information received by the   Commission pursuant to this subdivision shall be limited to   carrying out the purposes set forth in this section, and this   information shall be confidential and shall not be disseminated   further. The agency from which the information is requested may   submit original reports, portions thereof, summaries, or such other   configurations of information as will comply with the requirements   of this section.          (i)  The eligibility for re-imbursement for out-of-pocket   expenses not otherwise covered commences at the second year mark of   the mass violence event.          (b)  Maximum compensation limits per claimant,          (c)  A victim of mass violence is eligible for reimbursement   if:                (i)  The victim has been a victim of a mass violence   event,                (ii)  The Fund shall prioritize reimbursement as soon   as possible following the event, with consideration given to the   time elapsed since the occurrence of the mass violence event.          (b)  Payments from the Fund shall not be subject to   garnishment, lien, or attachment, except for medical expenses   related to the mass violence event.          Section 5.  Reporting and Oversight.          (a)  The Texas Comptroller shall oversee financial   management of the Fund.          (b)  The Attorney General shall submit an annual report to   the Governor and Texas Legislature, detailing:                (1)  Total funds disbursed;                (2)  Number of claims processed; and                (3)  Fund sustainability recommendations.          (c)  The Mass Violence Care Fund Advisory Board is   established to review the Fund's operations and provide   recommendations. The board shall include representatives from:                (1)  Victim services organizations;                (2)  The Texas Department of Public Safety; and                (3)  The Texas Health and Human Services Commission.          (d)  The Governor's Office shall appoint the members of the   Advisory Board.          Section 6.  IMPLEMENTATION          The Office of the Attorney General shall implement the   provisions of this Act no later than one year after its effective   date.          Section 7.  This Act takes effect September 1, 2025, if   enacted by the Texas Legislature.