By: Carona S.B. No. 2323
A BILL TO BE ENTITLED
AN ACT
relating to the functions of the Texas School Safety Center and
safety and security at public educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 37.108, Education Code,
is amended to read as follows:
Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
AND SECURITY AUDIT.
SECTION 2. Section 37.108, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections
(c-1), (c-3), and (e) to read as follows:
(a) Each school district or institution of higher education
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities or in the institution of higher
education [district schools]. The plan must address mitigation,
preparedness, response, and recovery as defined by the commissioner
of education or commissioner of higher education in conjunction
with the governor's office of homeland security. The plan must
provide for:
(1) [district] employee training in responding to an
emergency;
(2) if the plan applies to a school district,
mandatory school drills and exercises to prepare district students
and employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; and
(4) the implementation of a safety and security audit
as required by Subsection (b).
(b) At least once every three years, each [a] school
district or institution of higher education shall conduct a safety
and security audit of the district's or institution's facilities.
To the extent possible, a district or institution of higher
education shall follow safety and security audit procedures
developed by the Texas School Safety Center or a comparable public
or private entity.
(c) A school district or institution of higher education
shall report the results of the safety and security audit conducted
under Subsection (b) to the district's board of trustees or the
institution's board of regents, as applicable, and, in the manner
required by the Texas School Safety Center, to the Texas School
Safety Center.
(c-1) Except as provided by Subsection (c-3), any document
or information collected, developed, or produced during a safety
and security audit conducted under Subsection (b) is not subject to
disclosure under Chapter 552, Government Code.
(c-3) A document relating to an institution of higher
education's multihazard emergency operations plan is subject to
disclosure if the document enables a person to:
(1) verify that the institution has established a plan
and determine the agencies involved in the development of the plan
and the agencies coordinating with the institution to respond to an
emergency, including local emergency services agencies, law
enforcement agencies, and fire departments;
(2) verify that the institution'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 institution 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 of the institution has
conducted mandatory emergency drills and exercises in accordance
with the plan and determine the frequency of the drills;
(6) verify that the institution has completed a safety
and security audit under Subsection (b) and determine the date the
audit was conducted, the person conducting the audit, and the date
the institution presented the results of the audit to the board of
regents;
(7) verify that the institution has addressed any
recommendations by the board of regents for improvement of the plan
and determine the institution's progress within the last 12 months;
and
(8) verify that the institution has established a
visitor policy and identify the provisions governing access to an
institution building or other institution property.
(e) In this section, "institution of higher education" has
the meaning assigned by Section 61.003.
SECTION 3. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.109 to read as follows:
Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In
accordance with guidelines established by the Texas School Safety
Center, each school district shall establish a school safety and
security committee.
(b) The committee shall:
(1) participate on behalf of the district in
developing and implementing emergency plans consistent with the
district multihazard emergency operations plan required by Section
37.108(a) to ensure that the plans reflect specific campus,
facility, or support services needs;
(2) provide the district with any campus, facility, or
support services information required in connection with a safety
and security audit required by Section 37.108(b), a safety and
security audit report required by Section 37.108(c), or another
report required to be submitted by the district to the Texas School
Safety Center; and
(3) review each report required to be submitted by the
district to the Texas School Safety Center to ensure that the report
contains accurate and complete information regarding each campus,
facility, or support service in accordance with criteria
established by the center.
SECTION 4. Section 37.202, Education Code, is amended to
read as follows:
Sec. 37.202. PURPOSE. The purpose of the center is to serve
as:
(1) a central location for school safety and security
information, including research, training, and technical
assistance related to successful school safety and security
programs; [and]
(2) a central registry of persons providing school
safety and security consulting services in the state; and
(3) a resource for the prevention of youth violence
and the promotion of safety in the state.
SECTION 5. Subsection (a), Section 37.203, Education Code,
as amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(a) The center is advised by a board of directors composed
of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
(4) the executive commissioner of the Texas Youth
Commission, or the executive commissioner's designee;
(5) the commissioner of the Department of State Health
Services, or the commissioner's designee;
(6) the commissioner of higher education, or the
commissioner's designee; and
(7) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
SECTION 6. Subsection (b), Section 37.203, Education Code,
is amended to read as follows:
(b) Members of the board appointed under Subsection (a)(7)
[(a)(6)] serve staggered two-year terms, with the terms of the
members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)]
expiring on February 1 of each odd-numbered year and the terms of
the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)]
expiring on February 1 of each even-numbered year. A member may
serve more than one term.
SECTION 7. Subsection (a), Section 37.207, Education Code,
is amended to read as follows:
(a) The center shall develop a model safety and security
audit procedure for use by school districts and institutions of
higher education that includes:
(1) providing each district or institution with
guidelines [and a training video] showing proper audit procedures;
(2) reviewing elements of each district or institution
audit[, providing the results of the review to the district,] and
making recommendations for improvements in the state based on that
review [the audit]; and
(3) incorporating the findings of district and
institution audits in a statewide report on school safety and
security made available by the center to the public.
SECTION 8. Section 37.209, Education Code, is amended to
read as follows:
Sec. 37.209. CENTER WEBSITE. The center shall develop and
maintain an interactive Internet website that includes:
(1) quarterly news updates related to school safety
and security and violence prevention;
(2) school crime data;
(3) a schedule of training and special events; and
(4) a list of persons who [approved by the board to]
provide school safety or security consulting services in this state
and are registered in accordance with Section 37.2091
[presentations].
SECTION 9. Subchapter G, Chapter 37, Education Code, is
amended by adding Sections 37.2091 and 37.2121 to read as follows:
Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY
OR SECURITY CONSULTING SERVICES. (a) In this section, "school
safety or security consulting services" includes any service
provided to a school district, institution of higher education,
district facility, or campus by a person consisting of advice,
information, recommendations, data collection, or safety and
security audit services relevant to school safety and security,
regardless of whether the person is paid for those services.
(b) The center shall establish a registry of persons
providing school safety or security consulting services in this
state.
(c) Each person providing school safety or security
consulting services in this state shall register with the center in
accordance with requirements established by the center. The
requirements must include provisions requiring a person
registering with the center to provide information regarding:
(1) the person's background, education, and experience
that are relevant to the person's ability to provide knowledgeable
and effective school safety or security consulting services; and
(2) any complaints or pending litigation relating to
the person's provision of school safety or security consulting
services.
(d) The registry is intended to serve only as an
informational resource for school districts and institutions of
higher education. The inclusion of a person in the registry is not
an indication of the person's qualifications or ability to provide
school safety or security consulting services or that the center
endorses the person's school safety or security consulting
services.
(e) The center shall include information regarding the
registry, including the number of persons registered and the
general degree of school safety or security experience possessed by
those persons, in the biennial report required by Section 37.216.
Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID
AGREEMENTS. (a) The center shall identify and inform school
districts of the types of entities, including local and regional
authorities, other school districts, and emergency first
responders, with whom school districts should customarily make
efforts to enter into memoranda of understanding or mutual aid
agreements addressing issues that affect school safety and
security.
(b) The center shall develop guidelines regarding memoranda
of understanding and mutual aid agreements between school districts
and the entities identified in accordance with Subsection (a). The
guidelines:
(1) must include descriptions of the provisions that
should customarily be included in each memorandum or agreement with
a particular type of entity;
(2) may include sample language for those provisions;
and
(3) must be consistent with the Texas Statewide Mutual
Aid System established under Subchapter E-1, Chapter 418,
Government Code.
(c) The center shall encourage school districts to enter
into memoranda of understanding and mutual aid agreements with
entities identified in accordance with Subsection (a) that comply
with the guidelines developed under Subsection (b).
(d) Each school district that enters into a memorandum of
understanding or mutual aid agreement addressing issues that affect
school safety and security shall, at the center's request, provide
the following information to the center:
(1) the name of each entity with which the school
district has entered into a memorandum of understanding or mutual
aid agreement;
(2) the effective date of each memorandum or
agreement; and
(3) a summary of each memorandum or agreement.
(e) The center shall include information regarding the
center's efforts under this section in the report required by
Section 37.216.
SECTION 10. Section 37.213, Education Code, is amended to
read as follows:
Sec. 37.213. INSTITUTIONS OF HIGHER EDUCATION. (a) In
this section, "institution of higher education" has the meaning
assigned by Section 61.003.
(b) The center, in cooperation with institutions of higher
education and the division of emergency management in the office of
the governor, shall coordinate the development of standards for
institutions of higher education in the following areas:
(1) multihazard emergency operations plans;
(2) drills and exercises;
(3) risk assessment and hazard identification on a
campus-specific and facility-specific basis to determine
appropriate campus and facility information for inclusion in
emergency operations plans; and
(4) required training for emergency management team
members.
(c) The center shall make standards developed under
Subsection (b) available to institutions of higher education
through a variety of readily accessible methods.
(d) The center shall provide institutions of higher
education with directed training, technical assistance, and
published guidelines to ensure understanding and implementation of
the standards developed under Subsection (b).
(e) The center shall research best practices regarding
emergency preparedness of institutions of higher education and
serve as a clearinghouse for that information.
(f) The center shall provide institutions of higher
education with training, technical assistance, and published
guidelines or templates, as appropriate, in the following areas:
(1) multihazard emergency operations plan
development;
(2) drill and exercise development and
implementation;
(3) mutual aid agreements;
(4) identification of equipment and funds that may be
used by institutions of higher education in an emergency; and
(5) reporting in accordance with 20 U.S.C. Section
1092(f) [An institution of higher education may use any appropriate
model plan developed by the center under Section 37.205(4).
[(c) The center may provide an institution of higher
education with on-site technical assistance and safety training.
[(d) The center may charge a fee to an institution of higher
education for assistance and training provided under Subsection
(c)].
SECTION 11. Section 37.216, Education Code, is amended to
read as follows:
Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later than
January [September] 1 of each odd-numbered year, the board shall
provide a report to the governor, the legislature, the State Board
of Education, and the agency.
(b) The biennial [annual] report must include any findings
made by the center regarding school safety and security and the
center's functions, budget information, and strategic planning
initiatives of the center.
SECTION 12. Subchapter G, Chapter 37, Education Code, is
amended by adding Section 37.2161 to read as follows:
Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT.
(a) The center shall periodically provide a school safety and
security progress report to the governor, the legislature, the
State Board of Education, and the agency that contains current
information regarding school safety and security in the school
districts and institutions of higher education of this state based
on:
(1) elements of each district's or institution's
multihazard emergency operations plan required by Section
37.108(a);
(2) elements of each district's or institution's
safety and security audit required by Section 37.108(b); and
(3) any other report required to be submitted to the
center.
(b) The center shall establish guidelines regarding the
specific information to be included in the report required by this
section.
(c) The center may provide the report required by this
section in conjunction with the report required by Section 37.216.
SECTION 13. Subdivision (10), Section 418.004, Government
Code, is amended to read as follows:
(10) "Local government entity" means a county,
incorporated city, independent school district, institution of
higher education, as defined by Section 61.003, Education Code,
emergency services district, other special district, joint board,
or other entity defined as a political subdivision under the laws of
this state that maintains the capability to provide mutual aid.
SECTION 14. Section 37.210, Education Code, is repealed.
SECTION 15. Subsections (c-1) and (c-3), Section 37.108,
Education Code, as added by this Act, apply only to a request for
documents or information that is received by an institution of
higher education 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 16. A person providing school safety or security
consulting services in this state shall comply with Section
37.2091, Education Code, as added by this Act, not later than
January 1, 2010.
SECTION 17. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 18. This Act takes effect September 1, 2009.