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A BILL TO BE ENTITLED
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AN ACT
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relating to measures for ensuring public school safety, including |
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the commissioning of peace officers by the Texas Education Agency, |
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the composition of the board of directors of the Texas School Safety |
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Center, and public school safety and security requirements and |
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resources. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2A.001, Code of Criminal Procedure, is |
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amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1, |
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Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and |
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Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, |
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Regular Session, 2023, and is further amended to read as follows: |
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Art. 2A.001. PEACE OFFICERS GENERALLY. The following are |
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peace officers: |
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(1) a sheriff, a sheriff's deputy, or a reserve deputy |
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sheriff who holds a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) a constable, a deputy constable, or a reserve |
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deputy constable who holds a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) a marshal or police officer of a municipality or a |
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reserve municipal police officer who holds a permanent peace |
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officer license issued under Chapter 1701, Occupations Code; |
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(4) a ranger, officer, or member of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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director of the Department of Public Safety; |
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(5) an investigator of a district attorney's, criminal |
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district attorney's, or county attorney's office; |
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(6) a law enforcement agent of the Texas Alcoholic |
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Beverage Commission; |
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(7) a member of an arson investigating unit |
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commissioned by a municipality, a county, or the state; |
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(8) an officer commissioned under Section 37.081 or |
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37.0818, Education Code, or Subchapter E, Chapter 51, Education |
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Code; |
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(9) an officer commissioned by the Texas Facilities |
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Commission; |
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(10) a law enforcement officer commissioned by the |
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Parks and Wildlife Commission; |
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(11) an officer commissioned under Chapter 23, |
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Transportation Code; |
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(12) a municipal park and recreational patrol officer |
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or security officer; |
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(13) a security officer or investigator commissioned |
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as a peace officer by the comptroller; |
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(14) an officer commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(15) an officer commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(16) an investigator commissioned by the Texas Medical |
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Board; |
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(17) an officer commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; or |
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(D) the board of hospital managers of the Lubbock |
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County Hospital District of Lubbock County, Texas, under Section |
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1053.113, Special District Local Laws Code; |
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(18) a county park ranger commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(19) an investigator employed by the Texas Racing |
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Commission; |
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(20) an officer commissioned under Chapter 554, |
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Occupations Code; |
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(21) an officer commissioned by the governing body of |
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a metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or a regional transportation authority under |
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Section 452.110, Transportation Code; |
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(22) an investigator commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(23) a security officer or investigator commissioned |
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as a peace officer under Chapter 466, Government Code; |
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(24) an officer appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(25) an officer commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(26) an investigator commissioned by the commissioner |
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of insurance under Section 701.104, Insurance Code; |
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(27) an officer appointed by the inspector general of |
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[apprehension specialist or inspector general commissioned by] the |
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Texas Juvenile Justice Department [as an officer] under Section |
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242.102 [or 243.052], Human Resources Code; |
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(28) an officer appointed by the inspector general of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(29) an investigator commissioned by the Texas |
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Commission on Law Enforcement under Section 1701.160, Occupations |
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Code; |
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(30) a fire marshal or any related officer, inspector, |
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or investigator commissioned by a county under Subchapter B, |
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Chapter 352, Local Government Code; |
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(31) a fire marshal or any officer, inspector, or |
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investigator commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; |
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(32) a fire marshal or any officer, inspector, or |
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investigator of a municipality who holds a permanent peace officer |
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license issued under Chapter 1701, Occupations Code; |
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(33) an officer commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section; [and] |
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(34) [(33)] an Alamo complex ranger commissioned by |
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the General Land Office under Section 31.0515, Natural Resources |
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Code, subject to the limitations imposed by that section; and |
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(35) an officer commissioned by the Texas Education |
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Agency as an officer under Section 37.1031, Education Code |
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[investigator commissioned by the Texas Juvenile Justice |
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Department as an officer under Section 221.011, Human Resources |
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Code]. |
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SECTION 2. Section 7.021, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The agency may commission peace officers as provided by |
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Section 37.1031 to enforce Subchapter D, Chapter 37. |
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SECTION 3. Section 37.0814, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) The board of trustees of a school district that claims a |
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good cause exception under Subsection (c) must develop an |
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alternative standard with which the district is able to comply, |
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which may include providing a person to act as a security officer |
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who is: |
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(1) a school marshal; or |
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(2) a school district employee or a person with whom |
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the district contracts who: |
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(A) either: |
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(i) has completed school safety training |
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provided by a qualified handgun instructor certified in school |
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safety under Section 411.1901, Government Code; or |
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(ii) not later than the 180th day after the |
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date on which the employee or person begins duties as a security |
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officer, completes training deemed appropriate by the district, in |
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consultation with the district's police department, or, if the |
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district does not have a police department, a local law enforcement |
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agency, in: |
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(a) active shooter response, which |
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must be provided by an instructor certified by the Advanced Law |
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Enforcement Rapid Response Training Center at Texas State |
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University--San Marcos; |
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(b) school safety and emergency |
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management; |
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(c) crisis intervention; |
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(d) incident command; |
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(e) first aid administration; |
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(f) mental health; and |
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(g) qualifications relating to the |
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carrying or use of a firearm; and |
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(B) carries a handgun on school premises in |
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accordance with written regulations or written authorization of the |
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district under Section 46.03(a)(1)(A), Penal Code. |
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(d-1) A good cause exception claimed by the board of |
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trustees of a school district under Subsection (c) expires on the |
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first anniversary of the date the exception is claimed. On the |
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expiration of the exception, the board must reevaluate whether the |
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board is able to comply with this section and, if not, renew: |
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(1) the claim for an exception under Subsection (c); |
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and |
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(2) the alternative standard developed under |
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Subsection (d). |
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SECTION 4. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.1031 to read as follows: |
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Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may |
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commission as a peace officer to enforce this subchapter an |
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employee who has been certified as qualified to be a peace officer |
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by the Texas Commission on Law Enforcement. |
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(b) An employee commissioned as a peace officer under this |
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section has the powers, privileges, and immunities of a peace |
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officer while carrying out duties as a peace officer under this |
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subchapter. |
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SECTION 5. Section 37.108, Education Code, is amended by |
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amending Subsections (a), (c), and (f) and adding Subsection (a-1) |
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to read as follows: |
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(a) Each school district or public junior college district |
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shall adopt and implement a multihazard emergency operations plan |
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for use in the district's facilities. The plan must address |
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prevention, mitigation, preparedness, response, and recovery as |
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defined by the Texas School Safety Center in conjunction with the |
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governor's office of homeland security, the commissioner of |
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education, and the commissioner of higher education. The plan must |
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provide for: |
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(1) training in responding to an emergency for |
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district employees, including school district substitute teachers; |
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(2) measures to ensure district employees, including |
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school district substitute teachers, have classroom access to a |
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telephone, including a cellular telephone, or another electronic |
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communication device allowing for immediate contact with district |
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emergency services or emergency services agencies, law enforcement |
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agencies, health departments, and fire departments; |
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(3) measures to ensure district communications |
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technology and infrastructure are adequate to allow for |
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communication during an emergency; |
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(4) if the plan applies to a school district, |
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mandatory school drills and exercises, including drills required |
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under Section 37.114, to prepare district students and employees |
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for responding to an emergency; |
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(5) measures to ensure coordination with the |
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Department of State Health Services and local emergency management |
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agencies, law enforcement, health departments, and fire |
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departments in the event of an emergency; |
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(6) the implementation of a safety and security audit |
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as required by Subsection (b); and |
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(7) any other requirements established by the Texas |
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School Safety Center in consultation with the agency and the Texas |
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Higher Education Coordinating Board. |
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(a-1) The Texas School Safety Center shall provide to the |
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superintendent of each school district and to the president of each |
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public junior college district notice of the requirements |
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established under Subsection (a)(7) applicable to the district [and |
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relevant local law enforcement agencies]. |
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(c) A school district or public junior college district |
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shall report the results of the safety and security audit conducted |
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under Subsection (b) to the district's board of trustees and, in the |
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manner required by the Texas School Safety Center, to the Texas |
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School Safety Center. The district must maintain a copy of the |
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[The] report [provided to the Texas School Safety Center under this |
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subsection must be] signed by: |
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(1) for a school district, the district's board of |
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trustees and superintendent; or |
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(2) for a public junior college district, the |
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president of the junior college district. |
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(f) A school district shall include in its multihazard |
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emergency operations plan: |
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(1) a chain of command that designates the individual |
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responsible for making final decisions during a disaster or |
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emergency situation and identifies other individuals responsible |
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for making those decisions if the designated person is unavailable; |
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(2) provisions that address physical and |
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psychological safety for responding to a natural disaster, active |
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shooter, and any other dangerous scenario identified for purposes |
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of this section by the agency or the Texas School Safety Center; |
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(3) provisions for ensuring the safety of students in |
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portable buildings; |
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(4) provisions for ensuring that students and district |
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personnel with disabilities are provided equal access to safety |
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during a disaster or emergency situation; |
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(5) provisions for providing immediate notification |
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to parents, guardians, and other persons standing in parental |
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relation in circumstances involving a significant threat to the |
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health or safety of students, including identification of the |
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individual with responsibility for overseeing the notification; |
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(6) provisions for supporting the psychological |
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safety of students, district personnel, and the community during |
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the response and recovery phase following a disaster or emergency |
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situation that: |
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(A) are aligned with best practice-based |
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programs and research-based practices recommended under Section |
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38.351; |
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(B) include strategies for ensuring any required |
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professional development training for suicide prevention and |
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grief-informed and trauma-informed care is provided to appropriate |
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school personnel; |
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(C) include training on integrating |
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psychological safety and suicide prevention strategies into the |
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district's plan, such as psychological first aid for schools |
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training, from an approved list of recommended training established |
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by the commissioner and Texas School Safety Center for: |
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(i) members of the district's school safety |
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and security committee under Section 37.109; |
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(ii) district school counselors and mental |
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health professionals; and |
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(iii) educators and other district |
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personnel as determined by the district; |
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(D) include strategies and procedures for |
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integrating and supporting physical and psychological safety that |
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align with the provisions described by Subdivision (2); and |
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(E) implement trauma-informed policies; |
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(7) a policy for providing a substitute teacher access |
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to school campus buildings and materials necessary for the |
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substitute teacher to carry out the duties of a district employee |
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during an emergency or a mandatory emergency drill; |
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(8) provisions, as determined by the agency, for |
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ensuring the safety of students, staff, and spectators during |
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extracurricular activities sponsored or sanctioned by the |
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district; |
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(9) the name of each individual on the district's |
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school safety and security committee established under Section |
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37.109 and the date of each committee meeting during the preceding |
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year; and |
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(10) [(9)] certification that the district is in |
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compliance with Section 37.117, as added by Chapter 896 (H.B. 3), |
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Acts of the 88th Legislature, Regular Session, 2023. |
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SECTION 6. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.1088 to read as follows: |
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Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not |
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later than December 31 of each year, the agency shall prepare and |
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submit to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and each standing committee of each house |
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of the legislature with primary jurisdiction over primary and |
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secondary education, finance, and appropriations a report that |
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includes the deidentified results of the vulnerability assessments |
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and intruder detection audits conducted under Sections 37.1083 and |
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37.1084 during the preceding year. |
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(b) The report under Subsection (a) must include |
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recommendations and possible corrective actions for specific |
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deficiencies in campus security identified at multiple school |
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districts and open-enrollment charter schools. |
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SECTION 7. Section 37.115, Education Code, is amended by |
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adding Subsection (d-1) and amending Subsection (h) to read as |
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follows: |
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(d-1) Notwithstanding Subsection (d), if a student in a |
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special education program under Subchapter A, Chapter 29, is the |
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subject of a threat assessment under Subsection (f), the team |
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conducting the threat assessment must include at least one of the |
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following persons who has specific knowledge of the student's |
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disability and the disability's manifestations: |
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(1) a special education teacher who provides |
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instruction to the student; |
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(2) a behavior analyst licensed under Chapter 506, |
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Occupations Code; |
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(3) a clinical or master social worker licensed under |
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Chapter 505, Occupations Code; or |
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(4) a specialist in school psychology licensed under |
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Chapter 501, Occupations Code. |
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(h) On a determination that a student or other individual |
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poses a serious risk of violence to self or others, a team shall |
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immediately report the team's determination to the superintendent |
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and, if[. If] the individual is a student, [the superintendent |
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shall] immediately attempt to inform the parent or person standing |
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in parental relation to the student. The requirements of this |
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subsection do not prevent an employee of the school from acting |
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immediately to prevent an imminent threat or respond to an |
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emergency. |
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SECTION 8. Sections 37.203(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The center is advised by a board of directors composed |
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of: |
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(1) the attorney general, or the attorney general's |
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designee; |
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(2) the commissioner, or the commissioner's designee; |
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(3) the executive director of the Texas Juvenile |
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Justice Department, or the executive director's designee; |
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(4) the commissioner of the Department of State Health |
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Services, or the commissioner's designee; |
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(5) the commissioner of higher education, or the |
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commissioner's designee; and |
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(6) the following members appointed by the governor |
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with the advice and consent of the senate: |
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(A) a juvenile court judge; |
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(B) a member of a school district's board of |
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trustees; |
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(C) an administrator of a public primary school; |
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(D) an administrator of a public secondary |
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school; |
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(E) a member of the state parent-teacher |
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association; |
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(F) a teacher from a public primary or secondary |
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school; |
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(G) a public school superintendent who is a |
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member of the Texas Association of School Administrators; |
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(H) a school district police officer or a peace |
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officer whose primary duty consists of working in a public school; |
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(I) a professional architect who is registered in |
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this state and a member of the Texas Society of Architects; |
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(J) an administrator of a public junior college; |
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and |
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(K) [(J)] three members of the public. |
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(b) Members of the board appointed under Subsection (a)(6) |
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serve staggered two-year terms, with the terms of the members |
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described by Subsections (a)(6)(A)-(F) expiring on February 1 of |
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each odd-numbered year and the terms of the members described by |
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Subsections (a)(6)(G)-(K) [(J)] expiring on February 1 of each |
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even-numbered year. A member may serve more than one term. |
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SECTION 9. Section 37.222(b), Education Code, is amended to |
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read as follows: |
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(b) At least three times each school year, each [Each] |
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school district and open-enrollment charter school shall provide |
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the information and other resources described under Subsection (a) |
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to the parent or guardian of each student enrolled in the district |
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or school. |
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SECTION 10. Section 37.353, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A good cause exception claimed by a school district |
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under Subsection (a) expires on the fifth anniversary of the date on |
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which the exception is claimed. On the expiration of the exception, |
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the district must reevaluate whether the district is able to comply |
|
with each school facility standard related to safety and security, |
|
and if not, renew: |
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(1) the claim for an exception under Subsection (a); |
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and |
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(2) the alternative performance standard developed |
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under Subsection (b). |
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SECTION 11. Section 48.115(b), Education Code, is amended |
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to read as follows: |
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(b) Funds allocated under this section must be used to |
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improve school safety and security, including costs associated |
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with: |
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(1) securing school facilities in accordance with the |
|
requirements of Section 37.351, including: |
|
(A) improvements to school infrastructure; |
|
(B) the use or installation of perimeter security |
|
fencing conducive to a public school learning environment or |
|
physical barriers, which may not include razor wire; |
|
(C) interior and exterior door and window safety |
|
and security upgrades, including: |
|
(i) exterior door numbering; |
|
(ii) primary and secondary locking systems; |
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and |
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(iii) security film that provides resistance |
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to a forced entry; and |
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(D) the purchase and maintenance of: |
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(i) security cameras and, if the district |
|
has already installed security cameras, other security equipment, |
|
including video surveillance as provided by Section 29.022; and |
|
(ii) technology, including communications |
|
systems or devices, such as silent panic alert devices, two-way |
|
radios, or wireless Internet booster equipment, that facilitates |
|
communication and information sharing between students, school |
|
personnel, and first responders in an emergency; |
|
(2) providing security for the district, including: |
|
(A) employing school district peace officers, |
|
private security officers, and school marshals; and |
|
(B) collaborating with local law enforcement |
|
agencies, such as entering into a memorandum of understanding for |
|
the assignment of school resource officers to schools in the |
|
district; |
|
(3) school safety and security measures, including: |
|
(A) active shooter and emergency response |
|
training; |
|
(B) prevention and treatment programs relating |
|
to addressing adverse childhood experiences; and |
|
(C) the prevention, identification, and |
|
management of emergencies and threats, using evidence-based, |
|
effective prevention practices and including: |
|
(i) providing licensed counselors, social |
|
workers, behavioral interventionists, chaplains, and individuals |
|
trained in restorative discipline and [restorative] justice or |
|
other discipline management practices; |
|
(ii) providing mental health personnel and |
|
support, including chaplains; |
|
(iii) providing behavioral health |
|
services, including services provided by chaplains; |
|
(iv) establishing threat reporting |
|
systems; and |
|
(v) developing and implementing programs |
|
focused on restorative justice practices, culturally relevant |
|
instruction, and providing mental health support, including |
|
support provided by chaplains; |
|
(4) providing programs related to suicide prevention, |
|
intervention, and postvention, including programs provided by |
|
chaplains; and |
|
(5) employing a school safety director and other |
|
personnel to manage and monitor school safety initiatives and the |
|
implementation of school safety requirements for the district. |
|
SECTION 12. Sections 85.024(a) and (b), Local Government |
|
Code, are amended to read as follows: |
|
(a) The sheriff of a county with a total population of less |
|
than 350,000 in which a school district or open-enrollment charter |
|
[public] school is located shall call and conduct a meeting at least |
|
twice each calendar year, not less than three months apart, |
|
[semiannual meetings] to discuss: |
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(1) school safety; |
|
(2) coordinated law enforcement response to school |
|
violence incidents; |
|
(3) law enforcement agency capabilities; |
|
(4) available resources; |
|
(5) emergency radio interoperability; |
|
(6) chain of command planning; and |
|
(7) other related subjects proposed by a person in |
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attendance at the meeting. |
|
(b) The sheriff of a county to which this section applies in |
|
which more than one school district or open-enrollment charter |
|
[public] school is located may discuss school safety policies for |
|
more than [is only required to hold] one school district or |
|
open-enrollment charter school in a [semiannual] meeting described |
|
by Subsection (a). This subsection does not require districts or |
|
schools [public schools] located within the same county to adopt |
|
the same school safety policies. |
|
SECTION 13. Section 37.2161, Education Code, is repealed. |
|
SECTION 14. This Act applies beginning with the 2025-2026 |
|
school year. |
|
SECTION 15. Not later than February 1, 2026, the governor |
|
shall appoint the new member to the board of directors of the Texas |
|
School Safety Center as required by Section 37.203(a)(6)(J), |
|
Education Code, as amended by this Act. |
|
SECTION 16. To the extent of any conflict, this Act prevails |
|
over another Act of the 89th Legislature, Regular Session, 2025, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 17. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2025. |
|
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* * * * * |