Texas 2009 - 81st Regular

Texas House Bill HR3060 Compare Versions

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1	1	H.R. No. 3060
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, 81st Legislature, Regular Session, 2009, That House Rule 13,
7	7	Section 9(a), be suspended in part as provided by House Rule 13,
8	8	Section 9(f), to enable the conference committee appointed to
9	9	resolve the differences on House Bill 1831, relating to disaster
10	10	preparedness and emergency management and to certain vehicles used
11	11	in emergencies, to consider and take action on the following
12	12	matters:
13	13	(1) House Rule 13, Section 9(a)(4), is suspended to permit
14	14	the committee to add the following text to SECTION 1.20 of the bill:
15	15	(13-a) "Police vehicle" means a vehicle [of a
16	16	governmental entity primarily] used by a peace officer, as defined
17	17	by Article 2.12, Code of Criminal Procedure, for law enforcement
18	18	purposes that:
19	19	(A) is owned or leased by a governmental entity;
20	20	(B) is owned or leased by the police department
21	21	of a private institution of higher education that commissions peace
22	22	officers under Section 51.212, Education Code; or
23	23	(C) is:
24	24	(i) a private vehicle owned or leased by the
25	25	peace officer; and
26	26	(ii) approved for use for law enforcement
27	27	purposes by the head of the law enforcement agency that employs the
28	28	peace officer, or by that person's designee, provided that use of
29	29	the private vehicle must, if applicable, comply with any rule
30	30	adopted by the commissioners court of a county under Section
31	31	170.001, Local Government Code, and that the private vehicle may
32	32	not be considered an authorized emergency vehicle for exemption
33	33	purposes under Section 228.054, 284.070, 366.178, or 370.177,
34	34	Transportation Code, unless the vehicle is marked.
35	35	Explanation: This change is necessary to ensure that a
36	36	private vehicle is marked in order to qualify for an exemption as an
37	37	authorized emergency vehicle.
38	38	(2) House Rule 13, Section 9(a)(4), is suspended to permit
39	39	the committee to add the following text to ARTICLE 6 of the bill:
40	40	SECTION 6.01. The heading to Section 37.108, Education
41	41	Code, is amended to read as follows:
42	42	Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
43	43	AND SECURITY AUDIT.
44	44	SECTION 6.02. Section 37.108, Education Code, is amended by
45	45	amending Subsections (a), (b), and (c) and adding Subsections (c-1)
46	46	and (c-2) to read as follows:
47	47	(a) Each school district or public junior college district
48	48	shall adopt and implement a multihazard emergency operations plan
49	49	for use in the district's facilities [district schools]. The plan
50	50	must address mitigation, preparedness, response, and recovery as
51	51	defined by the commissioner of education or commissioner of higher
52	52	education in conjunction with the governor's office of homeland
53	53	security. The plan must provide for:
54	54	(1) district employee training in responding to an
55	55	emergency;
56	56	(2) if the plan applies to a school district,
57	57	mandatory school drills and exercises to prepare district students
58	58	and employees for responding to an emergency;
59	59	(3) measures to ensure coordination with the
60	60	Department of State Health Services and local emergency management
61	61	agencies, law enforcement, health departments, and fire
62	62	departments in the event of an emergency; and
63	63	(4) the implementation of a safety and security audit
64	64	as required by Subsection (b).
65	65	(b) At least once every three years, each [a] school
66	66	district or public junior college district shall conduct a safety
67	67	and security audit of the district's facilities. To the extent
68	68	possible, a district shall follow safety and security audit
69	69	procedures developed by the Texas School Safety Center or a
70	70	comparable public or private entity.
71	71	(c) A school district or public junior college district
72	72	shall report the results of the safety and security audit conducted
73	73	under Subsection (b) to the district's board of trustees and, in the
74	74	manner required by the Texas School Safety Center, to the Texas
75	75	School Safety Center.
76	76	SECTION 6.03. Subchapter D, Chapter 37, Education Code, is
77	77	amended by adding Section 37.109 to read as follows:
78	78	Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In
79	79	accordance with guidelines established by the Texas School Safety
80	80	Center, each school district shall establish a school safety and
81	81	security committee.
82	82	(b) The committee shall:
83	83	(1) participate on behalf of the district in
84	84	developing and implementing emergency plans consistent with the
85	85	district multihazard emergency operations plan required by Section
86	86	37.108(a) to ensure that the plans reflect specific campus,
87	87	facility, or support services needs;
88	88	(2) provide the district with any campus, facility, or
89	89	support services information required in connection with a safety
90	90	and security audit required by Section 37.108(b), a safety and
91	91	security audit report required by Section 37.108(c), or another
92	92	report required to be submitted by the district to the Texas School
93	93	Safety Center; and
94	94	(3) review each report required to be submitted by the
95	95	district to the Texas School Safety Center to ensure that the report
96	96	contains accurate and complete information regarding each campus,
97	97	facility, or support service in accordance with criteria
98	98	established by the center.
99	99	SECTION 6.04. Section 37.202, Education Code, is amended to
100	100	read as follows:
101	101	Sec. 37.202. PURPOSE. The purpose of the center is to serve
102	102	as:
103	103	(1) a central location for school safety and security
104	104	information, including research, training, and technical
105	105	assistance related to successful school safety and security
106	106	programs; [and]
107	107	(2) a central registry of persons providing school
108	108	safety and security consulting services in the state; and
109	109	(3) a resource for the prevention of youth violence
110	110	and the promotion of safety in the state.
111	111	SECTION 6.05. Section 37.203(a), Education Code, as amended
112	112	by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the 80th
113	113	Legislature, Regular Session, 2007, is reenacted to read as
114	114	follows:
115	115	(a) The center is advised by a board of directors composed
116	116	of:
117	117	(1) the attorney general, or the attorney general's
118	118	designee;
119	119	(2) the commissioner, or the commissioner's designee;
120	120	(3) the executive director of the Texas Juvenile
121	121	Probation Commission, or the executive director's designee;
122	122	(4) the executive commissioner of the Texas Youth
123	123	Commission, or the executive commissioner's designee;
124	124	(5) the commissioner of the Department of State Health
125	125	Services, or the commissioner's designee;
126	126	(6) the commissioner of higher education, or the
127	127	commissioner's designee; and
128	128	(7) the following members appointed by the governor
129	129	with the advice and consent of the senate:
130	130	(A) a juvenile court judge;
131	131	(B) a member of a school district's board of
132	132	trustees;
133	133	(C) an administrator of a public primary school;
134	134	(D) an administrator of a public secondary
135	135	school;
136	136	(E) a member of the state parent-teacher
137	137	association;
138	138	(F) a teacher from a public primary or secondary
139	139	school;
140	140	(G) a public school superintendent who is a
141	141	member of the Texas Association of School Administrators;
142	142	(H) a school district police officer or a peace
143	143	officer whose primary duty consists of working in a public school;
144	144	and
145	145	(I) two members of the public.
146	146	SECTION 6.06. Section 37.203(b), Education Code, is amended
147	147	to read as follows:
148	148	(b) Members of the board appointed under Subsection (a)(7)
149	149	[(a)(6)] serve staggered two-year terms, with the terms of the
150	150	members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)]
151	151	expiring on February 1 of each odd-numbered year and the terms of
152	152	the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)]
153	153	expiring on February 1 of each even-numbered year. A member may
154	154	serve more than one term.
155	155	SECTION 6.07. Section 37.207(a), Education Code, is amended
156	156	to read as follows:
157	157	(a) The center shall develop a model safety and security
158	158	audit procedure for use by school districts and public junior
159	159	college districts that includes:
160	160	(1) providing each district with guidelines [and a
161	161	training video] showing proper audit procedures;
162	162	(2) reviewing elements of each district audit[,
163	163	providing the results of the review to the district,] and making
164	164	recommendations for improvements in the state based on that review
165	165	[the audit]; and
166	166	(3) incorporating the findings of district audits in a
167	167	statewide report on school safety and security made available by
168	168	the center to the public.
169	169	SECTION 6.08. Section 37.209, Education Code, is amended to
170	170	read as follows:
171	171	Sec. 37.209. CENTER WEBSITE. The center shall develop and
172	172	maintain an interactive Internet website that includes:
173	173	(1) quarterly news updates related to school safety
174	174	and security and violence prevention;
175	175	(2) school crime data;
176	176	(3) a schedule of training and special events; and
177	177	(4) a list of persons who [approved by the board to]
178	178	provide school safety or security consulting services in this state
179	179	and are registered in accordance with Section 37.2091
180	180	[presentations].
181	181	SECTION 6.09. Subchapter G, Chapter 37, Education Code, is
182	182	amended by adding Sections 37.2091 and 37.2121 to read as follows:
183	183	Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY
184	184	OR SECURITY CONSULTING SERVICES. (a) In this section, "school
185	185	safety or security consulting services" includes any service
186	186	provided to a school district, institution of higher education,
187	187	district facility, or campus by a person consisting of advice,
188	188	information, recommendations, data collection, or safety and
189	189	security audit services relevant to school safety and security,
190	190	regardless of whether the person is paid for those services.
191	191	(b) The center shall establish a registry of persons
192	192	providing school safety or security consulting services in this
193	193	state.
194	194	(c) Each person providing school safety or security
195	195	consulting services in this state shall register with the center in
196	196	accordance with requirements established by the center. The
197	197	requirements must include provisions requiring a person
198	198	registering with the center to provide information regarding:
199	199	(1) the person's background, education, and experience
200	200	that are relevant to the person's ability to provide knowledgeable
201	201	and effective school safety or security consulting services; and
202	202	(2) any complaints or pending litigation relating to
203	203	the person's provision of school safety or security consulting
204	204	services.
205	205	(d) The registry is intended to serve only as an
206	206	informational resource for school districts and institutions of
207	207	higher education. The inclusion of a person in the registry is not
208	208	an indication of the person's qualifications or ability to provide
209	209	school safety or security consulting services or that the center
210	210	endorses the person's school safety or security consulting
211	211	services.
212	212	(e) The center shall include information regarding the
213	213	registry, including the number of persons registered and the
214	214	general degree of school safety or security experience possessed by
215	215	those persons, in the biennial report required by Section 37.216.
216	216	Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID
217	217	AGREEMENTS. (a) The center shall identify and inform school
218	218	districts of the types of entities, including local and regional
219	219	authorities, other school districts, and emergency first
220	220	responders, with whom school districts should customarily make
221	221	efforts to enter into memoranda of understanding or mutual aid
222	222	agreements addressing issues that affect school safety and
223	223	security.
224	224	(b) The center shall develop guidelines regarding memoranda
225	225	of understanding and mutual aid agreements between school districts
226	226	and the entities identified in accordance with Subsection (a). The
227	227	guidelines:
228	228	(1) must include descriptions of the provisions that
229	229	should customarily be included in each memorandum or agreement with
230	230	a particular type of entity;
231	231	(2) may include sample language for those provisions;
232	232	and
233	233	(3) must be consistent with the Texas Statewide Mutual
234	234	Aid System established under Subchapter E-1, Chapter 418,
235	235	Government Code.
236	236	(c) The center shall encourage school districts to enter
237	237	into memoranda of understanding and mutual aid agreements with
238	238	entities identified in accordance with Subsection (a) that comply
239	239	with the guidelines developed under Subsection (b).
240	240	(d) Each school district that enters into a memorandum of
241	241	understanding or mutual aid agreement addressing issues that affect
242	242	school safety and security shall, at the center's request, provide
243	243	the following information to the center:
244	244	(1) the name of each entity with which the school
245	245	district has entered into a memorandum of understanding or mutual
246	246	aid agreement;
247	247	(2) the effective date of each memorandum or
248	248	agreement; and
249	249	(3) a summary of each memorandum or agreement.
250	250	(e) The center shall include information regarding the
251	251	center's efforts under this section in the report required by
252	252	Section 37.216.
253	253	SECTION 6.10. Section 37.213, Education Code, is amended to
254	254	read as follows:
255	255	Sec. 37.213. PUBLIC JUNIOR COLLEGES [INSTITUTIONS OF HIGHER
256	256	EDUCATION]. (a) In this section, "public junior college"
257	257	["institution of higher education"] has the meaning assigned by
258	258	Section 61.003.
259	259	(b) The center shall research best practices regarding
260	260	emergency preparedness of public junior colleges and serve as a
261	261	clearinghouse for that information.
262	262	(c) The center shall provide public junior colleges with
263	263	training, technical assistance, and published guidelines or
264	264	templates, as appropriate, in the following areas:
265	265	(1) multihazard emergency operations plan
266	266	development;
267	267	(2) drill and exercise development and
268	268	implementation;
269	269	(3) mutual aid agreements;
270	270	(4) identification of equipment and funds that may be
271	271	used by public junior colleges in an emergency; and
272	272	(5) reporting in accordance with 20 U.S.C. Section
273	273	1092(f) [An institution of higher education may use any appropriate
274	274	model plan developed by the center under Section 37.205(4).
275	275	[(c) The center may provide an institution of higher
276	276	education with on-site technical assistance and safety training.
277	277	[(d) The center may charge a fee to an institution of higher
278	278	education for assistance and training provided under Subsection
279	279	(c)].
280	280	SECTION 6.11. Section 37.216, Education Code, is amended to
281	281	read as follows:
282	282	Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later than
283	283	January [September] 1 of each odd-numbered year, the board shall
284	284	provide a report to the governor, the legislature, the State Board
285	285	of Education, and the agency.
286	286	(b) The biennial [annual] report must include any findings
287	287	made by the center regarding school safety and security and the
288	288	center's functions, budget information, and strategic planning
289	289	initiatives of the center.
290	290	SECTION 6.12. Subchapter G, Chapter 37, Education Code, is
291	291	amended by adding Section 37.2161 to read as follows:
292	292	Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT.
293	293	(a) The center shall periodically provide a school safety and
294	294	security progress report to the governor, the legislature, the
295	295	State Board of Education, and the agency that contains current
296	296	information regarding school safety and security in the school
297	297	districts and public junior college districts of this state based
298	298	on:
299	299	(1) elements of each district's multihazard emergency
300	300	operations plan required by Section 37.108(a);
301	301	(2) elements of each district's safety and security
302	302	audit required by Section 37.108(b); and
303	303	(3) any other report required to be submitted to the
304	304	center.
305	305	(b) The center shall establish guidelines regarding the
306	306	specific information to be included in the report required by this
307	307	section.
308	308	(c) The center may provide the report required by this
309	309	section in conjunction with the report required by Section 37.216.
310	310	SECTION 6.13. Subchapter E, Chapter 51, Education Code, is
311	311	amended by adding Section 51.217 to read as follows:
312	312	Sec. 51.217. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
313	313	AND SECURITY AUDIT. (a) In this section, "institution" means a
314	314	general academic teaching institution, a medical and dental unit,
315	315	or other agency of higher education, as those terms are defined by
316	316	Section 61.003.
317	317	(b) An institution shall adopt and implement a multihazard
318	318	emergency operations plan for use at the institution. The plan must
319	319	address mitigation, preparedness, response, and recovery. The plan
320	320	must provide for:
321	321	(1) employee training in responding to an emergency;
322	322	(2) mandatory drills to prepare students, faculty, and
323	323	employees for responding to an emergency;
324	324	(3) measures to ensure coordination with the
325	325	Department of State Health Services, local emergency management
326	326	agencies, law enforcement, health departments, and fire
327	327	departments in the event of an emergency; and
328	328	(4) the implementation of a safety and security audit
329	329	as required by Subsection (c).
330	330	(c) At least once every three years, an institution shall
331	331	conduct a safety and security audit of the institution's
332	332	facilities. To the extent possible, an institution shall follow
333	333	safety and security audit procedures developed in consultation with
334	334	the division of emergency management of the office of the governor.
335	335	(d) An institution shall report the results of the safety
336	336	and security audit conducted under Subsection (c) to the
337	337	institution's board of regents and the division of emergency
338	338	management of the office of the governor.
339	339	(e) Except as provided by Subsection (f), any document or
340	340	information collected, developed, or produced during a safety and
341	341	security audit conducted under Subsection (c) is not subject to
342	342	disclosure under Chapter 552, Government Code.
343	343	(f) A document relating to an institution's multihazard
344	344	emergency operations plan is subject to disclosure if the document
345	345	enables a person to:
346	346	(1) verify that the institution has established a plan
347	347	and determine the agencies involved in the development of the plan
348	348	and the agencies coordinating with the institution to respond to an
349	349	emergency, including the Department of State Health Services, local
350	350	emergency services agencies, law enforcement agencies, health
351	351	departments, and fire departments;
352	352	(2) verify that the institution's plan was reviewed
353	353	within the last 12 months and determine the specific review dates;
354	354	(3) verify that the plan addresses the four phases of
355	355	emergency management under Subsection (b);
356	356	(4) verify that institution employees have been
357	357	trained to respond to an emergency and determine the types of
358	358	training, the number of employees trained, and the person
359	359	conducting the training;
360	360	(5) verify that each campus has conducted mandatory
361	361	emergency drills and exercises in accordance with the plan and
362	362	determine the frequency of the drills;
363	363	(6) verify that the institution has completed a safety
364	364	and security audit under Subsection (c) and determine the date the
365	365	audit was conducted, the person conducting the audit, and the date
366	366	the institution presented the results of the audit to the board of
367	367	regents; and
368	368	(7) verify that the institution has addressed any
369	369	recommendations by the board of regents for improvement of the plan
370	370	and determine the institution's progress within the last 12 months.
371	371	SECTION 6.13a. Chapter 111, Education Code, is amended by
372	372	adding Subchapter I to read as follows:
373	373	SUBCHAPTER I. UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
374	374	INNOVATIVE TECHNOLOGY
375	375	Sec. 111.121. DEFINITIONS. In this subchapter:
376	376	(1) "Board" means the board of regents of the
377	377	University of Houston System.
378	378	(2) "Center" means the University of Houston Hurricane
379	379	Center for Innovative Technology (UHC-IT) established under this
380	380	subchapter.
381	381	Sec. 111.122. ESTABLISHMENT. (a) The University of
382	382	Houston Hurricane Center for Innovative Technology is established
383	383	at the University of Houston.
384	384	(b) The organization, control, and management of the center
385	385	are vested in the board.
386	386	(c) The center shall be hosted by the university's College
387	387	of Engineering. Participation in the center's activities shall be
388	388	open to any faculty member of the university who is an active
389	389	researcher in the field of materials, nanotechnology, structural
390	390	engineering, designing of structures, or sensor technology, or in
391	391	another relevant field as determined by the university.
392	392	Sec. 111.123. PURPOSE. The center is created to:
393	393	(1) promote interdisciplinary research, education,
394	394	and training for the development of state-of-the-art products,
395	395	materials, systems, and technologies designed to mitigate the wind,
396	396	and asserted structural damages in the built environment and
397	397	offshore structures caused by hurricanes in the Gulf Coast region;
398	398	and
399	399	(2) develop protocols for the fast and efficient
400	400	recovery of the public and private sectors, including utilities,
401	401	hospitals, petrochemical industries, offshore platforms, and
402	402	municipalities and other local communities following a hurricane.
403	403	Sec. 111.124. POWERS AND DUTIES. The center shall:
404	404	(1) collaborate with appropriate federal, state, and
405	405	local agencies and private business or nonprofit entities as
406	406	necessary to coordinate efforts after a hurricane in the Gulf Coast
407	407	region;
408	408	(2) develop smart materials and devices for use in
409	409	hurricane protection and mitigation systems for structural
410	410	monitoring;
411	411	(3) develop anchor systems for window and door
412	412	screens, dwellings and other buildings, pipelines, and other
413	413	onshore and offshore structures to withstand hurricane wind damage;
414	414	(4) develop test facilities for evaluating the
415	415	performance of new products, materials, or techniques designed to
416	416	protect against hurricane wind damage;
417	417	(5) develop specifications and standards for products
418	418	used for protecting against hurricane wind damage;
419	419	(6) design buildings, houses, and other structures to
420	420	withstand hurricane wind damage; and
421	421	(7) provide hurricane-related educational programs,
422	422	seminars, conferences, and workshops to the community designed to
423	423	ensure safety, minimize loss of life, and mitigate the destruction
424	424	of property associated with hurricane wind damage.
425	425	Sec. 111.125. COLLABORATION WITH OTHER ENTITIES. The
426	426	University of Houston shall encourage public and private entities
427	427	to participate in or support the operation of the center and may
428	428	enter into an agreement with any public or private entity for that
429	429	purpose. An agreement may allow the center to provide information,
430	430	services, or other assistance to an entity in exchange for the
431	431	entity's participation or support.
432	432	Sec. 111.126. GIFTS AND GRANTS. The board may solicit,
433	433	accept, and administer gifts and grants from any public or private
434	434	source and use existing resources for the purposes of the center.
435	435	State funding is not available unless the legislature makes
436	436	specific appropriation for this purpose.
437	437	Sec. 111.127. PERSONNEL. The board may employ personnel
438	438	for the center as necessary.
439	439	SECTION 6.14. Section 418.004(10), Government Code, is
440	440	amended to read as follows:
441	441	(10) "Local government entity" means a county,
442	442	incorporated city, independent school district, public junior
443	443	college district, emergency services district, other special
444	444	district, joint board, or other entity defined as a political
445	445	subdivision under the laws of this state that maintains the
446	446	capability to provide mutual aid.
447	447	SECTION 6.15. Section 37.210, Education Code, is repealed.
448	448	SECTION 6.17. A person providing school safety or security
449	449	consulting services in this state shall comply with Section
450	450	37.2091, Education Code, as added by this article, not later than
451	451	January 1, 2010.
452	452	SECTION 6.18. This article does not make an appropriation.
453	453	A provision in this article that creates a new governmental
454	454	program, creates a new entitlement, or imposes a new duty on a
455	455	governmental entity is not mandatory during a fiscal period for
456	456	which the legislature has not made a specific appropriation to
457	457	implement the provision.
458	458	SECTION 6.19. This article takes effect September 1, 2009.
459	459	Explanation: This change is necessary to require public
460	460	junior college districts to adopt and implement a multihazard
461	461	emergency operation plan, to establish school safety and security
462	462	committees, and to establish the University of Houston Hurricane
463	463	Center for Innovative Technology.
464	464	(3) House Rule 13, Section 9(a)(1), is suspended to permit
465	465	the committee to change text that is not in disagreement in SECTION
466	466	6.16 of the bill so that section reads as follows:
467	467	SECTION 6.16. Sections 37.108(c-1) and (c-2), and Sections
468	468	51.217(d) and (e), Education Code, as added by this article, apply
469	469	only to a request for documents or information that is received on
470	470	or after the effective date of this article. A request for
471	471	documents or information that was received before the effective
472	472	date of this article is governed by the law in effect on the date the
473	473	request was received, and the former law is continued in effect for
474	474	that purpose.
475	475	Explanation: This change is necessary to add a
476	476	cross-reference to Sections 51.217(d) and (e), Education Code, to
477	477	the transition provisions of the bill.
478	478	Corte
479	479	______________________________
480	480	Speaker of the House
481	481	I certify that H.R. No. 3060 was adopted by the House on May
482	482	31, 2009, by the following vote: Yeas 143, Nays 0, 1 present, not
483	483	voting.
484	484	______________________________
485	485	Chief Clerk of the House