SB 2623

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
negative
Property Rights
negative
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest

SB 2623 proposes the establishment of "school safety zones" within Texas by creating Chapter 370A of the Local Government Code. These zones would encompass the premises of public school campuses and institutions of higher education. The bill prohibits government-funded service providers from delivering navigation services—defined as non-emergency support such as help accessing shelter, food, mental health care, or job resources—within 1,500 feet of these zones. Emergency care and inpatient services are explicitly excluded from this prohibition.

To implement and enforce the law, SB 2623 creates a Safe Schools and Neighborhoods Task Force, appointed by the governor and composed of members from state agencies, educational bodies, nonprofits, and local government organizations. The task force is charged with identifying facilities providing navigation services near schools, notifying relevant municipalities or counties, and enforcing compliance. If a service provider continues operations in violation of the law beyond 30 days after being notified, they would be subject to civil penalties.

The bill applies only to service providers that receive public funds and aims to restrict their activities based on proximity to educational institutions. It reflects a broader legislative focus on school safety by regulating the physical and social environment around campuses.

The Committee Substitute for SB 2623 introduces significant revisions from the originally filed version, reflecting a shift in both tone and scope of the legislation. Most notably, the substitute narrows the geographic area where restrictions apply, reducing the buffer zone from 1.5 miles to 1,500 feet around school safety zones, and limits the definition of those zones to public school campuses and institutions of higher education. The originally filed bill had a broader reach, also including playgrounds as restricted areas. This change notably scales back the physical footprint of enforcement and focuses more narrowly on the spaces directly tied to student activity.

Additionally, the type of services restricted by the bill was refined. The original version broadly banned “homeless services”, including shelter, meals, job training, and medical care, while the substitute version limits this to “navigation services”—a more specific category related to connecting individuals experiencing homelessness with supportive resources. Emergency and inpatient medical care are now expressly excluded from these restrictions, likely in response to concerns about humanitarian access and constitutional challenges.

The structure and powers of the enforcement task force also underwent revision. Initially composed of four state agency representatives, the substitute expands this body to ten members with a more diverse representation, including nonprofit and faith-based service providers. This broadening suggests a move toward a more collaborative and community-based approach. Moreover, enforcement mechanisms were softened: while the original version imposed harsh penalties on local governments, including tax rate caps and withholding of sales tax distributions, the substitute removes these financial sanctions, instead relying on civil penalties for noncompliant service providers.

Overall, the Committee Substitute presents a more targeted, restrained version of the bill, aiming to address school safety concerns while mitigating some of the more punitive, sweeping aspects of the original proposal. The substitute attempts to strike a balance between community protection and the rights of service organizations, likely to improve political viability and reduce legal risk.

Author (1)
Brandon Creighton
Sponsor (1)
Cody Harris
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 2623 are largely indeterminate, primarily due to uncertainty regarding how broadly its provisions would be interpreted and enforced. The Legislative Budget Board notes that the bill would prohibit the provision of publicly funded “navigation services” within 1,500 feet of a public school campus or institution of higher education. However, because it is unclear whether this restriction applies to services provided on school property to students and their families, such as those contracted by the Texas Education Agency, there could be unintended disruptions to existing state-funded support programs, which complicates cost estimates.

The bill establishes a Safe Schools and Neighborhoods Task Force to oversee enforcement, which would entail identifying affected service providers and issuing notices of violation. The task force’s operations would incur administrative and implementation costs, but the scope of these expenses is not specified and would depend on the number of facilities subject to investigation. These costs are currently considered indeterminate. In addition, the task force is expected to develop biennial legislative recommendations and consult with the Texas Department of Housing and Community Affairs on licensing frameworks, further contributing to operational costs.

On the revenue side, the bill authorizes civil penalties of up to $5,000 per day for service providers that violate the proximity rule and fail to comply after receiving a stop order. The Attorney General would be permitted to bring legal action to collect these penalties and even dissolve non-compliant organizations’ legal status. While this could result in revenue generation through fines, the actual number of violations and resulting penalties is unknown, making revenue projections speculative at this stage​.

At the local level, the bill may also impact independent school districts by restricting where they can open or reopen campuses. If a facility providing navigation services exists or plans to operate near a proposed campus site, the district would be barred from proceeding and would be required to consult with the task force. These siting restrictions could lead to increased planning and real estate costs for districts, but the extent of this burden will vary depending on local conditions and development plans.

In conclusion, while the bill may generate some revenue from penalties and impose compliance costs at the state and local levels, the precise fiscal impact is unknown and will depend heavily on interpretation, enforcement practices, and the extent of overlap with existing service contracts.

Vote Recommendation Notes

Keeping schools safe is a legitimate and deeply important goal. Communities want students to feel secure, and parents want reassurance that the areas around schools are free from disruptive or unsafe conditions. That instinct is not only understandable—it's commendable.

SB 2623 seeks to prohibit the provision of publicly funded “navigation services” for individuals experiencing homelessness within 1,500 feet of public schools and higher education institutions. It establishes a state-level task force appointed by the governor to identify and regulate such service providers and authorizes enforcement through civil penalties and legal dissolution of noncompliant organizations. While the bill is framed as a school safety measure, its implementation raises substantial concerns regarding fiscal responsibility, government overreach, and regulatory expansion.

This legislation significantly grows the size and scope of state government by creating a new bureaucratic entity with enforcement powers and responsibilities, without clear appropriation or cost estimates. The task force's activities, legal enforcement efforts, and regulatory oversight would all require taxpayer-funded resources. At the same time, the bill bypasses local control and imposes a state-driven solution on issues that are already within the purview of municipal governments and school boards, which typically manage zoning and safety measures tailored to their communities.

Moreover, the bill imposes a broad regulatory burden on service providers, particularly nonprofits and community organizations, many of which rely on public funding to deliver critical support to vulnerable populations. By restricting these services based solely on geographic proximity, the bill may disrupt community-based solutions without a demonstrated public safety rationale. These impacts, combined with the costs and expansion of centralized authority, conflict with principles of limited government, local autonomy, and taxpayer accountability.

Based on these concerns, Texas Policy Research recommends that lawmakers vote NO on SB 2623 to oppose the expansion of state power, prevent unnecessary regulatory growth, and preserve both local discretion and responsible stewardship of public resources.

  • Individual Liberty: The bill restricts where certain charitable and social service activities can occur, based solely on proximity to schools, regardless of actual safety concerns. This limits the freedom of individuals and organizations, particularly nonprofits, religious groups, and service providers, to engage in peaceful, voluntary, and often constitutionally protected acts of assistance to the homeless. Moreover, faith-based groups that rely on public grants could find their outreach ministries unintentionally criminalized or shut down simply because of their location. This raises questions around freedom of association, freedom of religion, and freedom to serve—all central to the idea of individual liberty.
  • Personal Responsibility: While the bill is framed as a safety measure, it collectivizes responsibility by placing blanket restrictions on all homeless service providers near schools, rather than addressing specific incidents or bad actors. It assumes that offering services to vulnerable populations is inherently unsafe without any due process or evidence requirement. This removes individual accountability and places generalized blame on entire categories of people or services, which undermines a principle-based approach to personal responsibility.
  • Free Enterprise: The bill creates a significant regulatory burden on publicly funded service organizations, many of which operate with hybrid funding models that include state or local grants. These organizations may be forced to relocate, stop operations, or forego public funding, limiting their ability to compete or serve communities efficiently. In this way, the bill disincentivizes public-private partnerships and distorts the marketplace for social services. Even though private enterprises not using public funds are technically exempt, in practice, the bill could create uncertainty and regulatory chill, especially for organizations navigating mixed funding streams.
  • Private Property Rights: Although the bill does not directly seize or restrict the use of private property through eminent domain, it functionally limits what property owners can do near schools if they rent to or house service providers who accept public money. This curtails lawful uses of property without compensating owners or offering clear due process, weakening a core tenet of property rights.
  • Limited Government: Perhaps the most concerning impact is on limited government. The bill creates a new state bureaucracy—a governor-appointed task force with enforcement powers—and authorizes the Attorney General to impose civil penalties and dissolve nonprofit entities. This is a clear expansion of centralized authority, and it overrides the ability of local governments, school boards, and communities to manage their own public safety and zoning decisions. Instead of supporting decentralized, local solutions to homelessness and school safety, the bill imposes a top-down mandate, growing state power at the expense of local control and taxpayer stewardship.
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