By: Carona S.B. No. 1933
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of information and documents
collected, developed, or produced during a school district security
audit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.108, Education Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) Except as provided by Subsection (c-2), any document
or information collected, developed, or produced during a security
audit conducted under Subsection (b) is not subject to disclosure
under Chapter 552, Government Code.
(c-2) A document relating to a school district's
multihazard emergency operation plan is subject to disclosure if
the document enables a person to:
(1) verify that the district has established a plan
and determine the agencies involved in the development of the plan
and the agencies coordinating with the district to respond to an
emergency, including local emergency services agencies, law
enforcement agencies, and fire departments;
(2) verify that the district's plan was reviewed
within the last 12 months and determine the specific review dates;
(3) verify that the plan addresses the four phases of
emergency management under Subsection (a);
(4) verify that district employees have been trained
to respond to an emergency and determine the types of training, the
number of employees trained, and the person conducting the
training;
(5) verify that each campus in the district has
conducted mandatory emergency drills and exercises in accordance
with the plan and determine the frequency of the drills;
(6) verify that the district has established a plan
for responding to a train derailment if required under Subsection
(d);
(7) verify that the district has completed a security
audit under Subsection (b) and determine the date the audit was
conducted, the person conducting the audit, and the date the
district presented the results of the audit to the school board;
(8) verify that the district has addressed any
recommendations by the district's board of trustees for improvement
of the plan and determine the district's progress within the last 12
months; and
(9) verify that the district has established a visitor
policy and identify the provisions governing access to a district
building or other district property.
SECTION 2. Subsections (c-1) and (c-2), Section 37.108,
Education Code, as added by this Act, apply only to a request for
documents or information that is received by a school district on or
after the effective date of this Act. A request for documents or
information that was received before the effective date of this Act
is governed by the law in effect on the date the request was
received, and the former law is continued in effect for that
purpose.
SECTION 3. 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, 2009.