By: Carona S.R. No. 1103
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill No. 1831, relating to disaster preparedness and
emergency management and to certain vehicles used in
emergencies, to consider and take action on the following matter:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add the following text to SECTION 1.20 of the bill:
(13-a) "Police vehicle" means a vehicle [of a
governmental entity primarily] used by a peace officer, as
defined by Article 2.12, Code of Criminal Procedure, for law
enforcement purposes that:
(A) is owned or leased by a governmental
entity;
(B) is owned or leased by the police
department of a private institution of higher education that
commissions peace officers under Section 51.212, Education Code;
or
(C) is:
(i) a private vehicle owned or leased by
the peace officer; and
(ii) approved for use for law enforcement
purposes by the head of the law enforcement agency that employs
the peace officer, or by that person's designee, provided that
use of the private vehicle must, if applicable, comply with any
rule adopted by the commissioners court of a county under Section
170.001, Local Government Code, and that the private vehicle may
not be considered an authorized emergency vehicle for exemption
purposes under Section 228.054, 284.070, 366.178, or 370.177,
Transportation Code, unless the vehicle is marked.
Explanation: This change is necessary to ensure that a
private vehicle is marked in order to qualify for an exemption as
an authorized emergency vehicle.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add the following text to ARTICLE 6 of the bill:
SECTION 6.01. 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 6.02. Section 37.108, Education Code, is amended
by amending Subsections (a), (b), and (c) and adding Subsections
(c-1) and (c-2) to read as follows:
(a) Each school district or public junior college
district shall adopt and implement a multihazard emergency
operations plan for use in the district's facilities [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 public junior college district shall conduct a safety
and security audit of the district's facilities. To the extent
possible, a district 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 public junior college district
shall report the results of the safety and security audit
conducted under Subsection (b) to the district's board of
trustees and, in the manner required by the Texas School Safety
Center, to the Texas School Safety Center.
SECTION 6.03. 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 6.04. 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 6.05. Section 37.203(a), 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 6.06. Section 37.203(b), 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 6.07. Section 37.207(a), 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 public junior
college districts that includes:
(1) providing each district with guidelines [and a
training video] showing proper audit procedures;
(2) reviewing elements of each district 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 audits
in a statewide report on school safety and security made
available by the center to the public.
SECTION 6.08. 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 6.09. 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 6.10. Section 37.213, Education Code, is amended
to read as follows:
Sec. 37.213. PUBLIC JUNIOR COLLEGES [INSTITUTIONS OF
HIGHER EDUCATION]. (a) In this section, "public junior
college" ["institution of higher education"] has the meaning
assigned by Section 61.003.
(b) The center shall research best practices regarding
emergency preparedness of public junior colleges and serve as a
clearinghouse for that information.
(c) The center shall provide public junior colleges 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 public junior colleges 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 6.11. 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 6.12. 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 public junior college
districts of this state based on:
(1) elements of each district's multihazard
emergency operations plan required by Section 37.108(a);
(2) elements of each district'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 6.13. Subchapter E, Chapter 51, Education Code,
is amended by adding Section 51.217 to read as follows:
Sec. 51.217. MULTIHAZARD EMERGENCY OPERATIONS PLAN;
SAFETY AND SECURITY AUDIT. (a) In this section, "institution"
means a general academic teaching institution, a medical and
dental unit, or other agency of higher education, as those terms
are defined by Section 61.003.
(b) An institution shall adopt and implement a
multihazard emergency operations plan for use at the
institution. The plan must address mitigation, preparedness,
response, and recovery. The plan must provide for:
(1) employee training in responding to an
emergency;
(2) mandatory drills to prepare students, faculty,
and employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services, 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 (c).
(c) At least once every three years, an institution shall
conduct a safety and security audit of the institution's
facilities. To the extent possible, an institution shall follow
safety and security audit procedures developed in consultation
with the division of emergency management of the office of the
governor.
(d) An institution shall report the results of the safety
and security audit conducted under Subsection (c) to the
institution's board of regents and the division of emergency
management of the office of the governor.
(e) Except as provided by Subsection (f), any document or
information collected, developed, or produced during a safety
and security audit conducted under Subsection (c) is not subject
to disclosure under Chapter 552, Government Code.
(f) A document relating to an institution'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 the Department of State Health
Services, local emergency services agencies, law enforcement
agencies, health departments, 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 (b);
(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 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 (c) 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; and
(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.
SECTION 6.13a. Chapter 111, Education Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
INNOVATIVE TECHNOLOGY
Sec. 111.121. DEFINITIONS. In this subchapter:
(1) "Board" means the board of regents of the
University of Houston System.
(2) "Center" means the University of Houston
Hurricane Center for Innovative Technology (UHC-IT) established
under this subchapter.
Sec. 111.122. ESTABLISHMENT. (a) The University of
Houston Hurricane Center for Innovative Technology is
established at the University of Houston.
(b) The organization, control, and management of the
center are vested in the board.
(c) The center shall be hosted by the university's
College of Engineering. Participation in the center's
activities shall be open to any faculty member of the university
who is an active researcher in the field of materials,
nanotechnology, structural engineering, designing of
structures, or sensor technology, or in another relevant field as
determined by the university.
Sec. 111.123. PURPOSE. The center is created to:
(1) promote interdisciplinary research, education,
and training for the development of state-of-the-art products,
materials, systems, and technologies designed to mitigate the
wind, and asserted structural damages in the built environment
and offshore structures caused by hurricanes in the Gulf Coast
region; and
(2) develop protocols for the fast and efficient
recovery of the public and private sectors, including utilities,
hospitals, petrochemical industries, offshore platforms, and
municipalities and other local communities following a
hurricane.
Sec. 111.124. POWERS AND DUTIES. The center shall:
(1) collaborate with appropriate federal, state,
and local agencies and private business or nonprofit entities as
necessary to coordinate efforts after a hurricane in the Gulf
Coast region;
(2) develop smart materials and devices for use in
hurricane protection and mitigation systems for structural
monitoring;
(3) develop anchor systems for window and door
screens, dwellings and other buildings, pipelines, and other
onshore and offshore structures to withstand hurricane wind
damage;
(4) develop test facilities for evaluating the
performance of new products, materials, or techniques designed
to protect against hurricane wind damage;
(5) develop specifications and standards for
products used for protecting against hurricane wind damage;
(6) design buildings, houses, and other structures
to withstand hurricane wind damage; and
(7) provide hurricane-related educational
programs, seminars, conferences, and workshops to the community
designed to ensure safety, minimize loss of life, and mitigate
the destruction of property associated with hurricane wind
damage.
Sec. 111.125. COLLABORATION WITH OTHER ENTITIES. The
University of Houston shall encourage public and private
entities to participate in or support the operation of the center
and may enter into an agreement with any public or private entity
for that purpose. An agreement may allow the center to provide
information, services, or other assistance to an entity in
exchange for the entity's participation or support.
Sec. 111.126. GIFTS AND GRANTS. The board may solicit,
accept, and administer gifts and grants from any public or
private source and use existing resources for the purposes of the
center. State funding is not available unless the legislature
makes specific appropriation for this purpose.
Sec. 111.127. PERSONNEL. The board may employ personnel
for the center as necessary.
SECTION 6.14. Section 418.004(10), Government Code, is
amended to read as follows:
(10) "Local government entity" means a county,
incorporated city, independent school district, public junior
college district, 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 6.15. Section 37.210, Education Code, is
repealed.
SECTION 6.17. A person providing school safety or
security consulting services in this state shall comply with
Section 37.2091, Education Code, as added by this article, not
later than January 1, 2010.
SECTION 6.18. This article does not make an
appropriation. A provision in this article 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 6.19. This article takes effect September 1,
2009.
Explanation: This change is necessary to require public
junior college districts to adopt and implement a multihazard
emergency operation plan, to establish school safety and
security committees, and to establish the University of Houston
Hurricane Center for Innovative Technology.
(3) Senate Rule 12.03(1) is suspended to permit the
committee to change text that is not in disagreement in SECTION
6.16 of the bill so that section reads as follows:
SECTION 6.16. Sections 37.108(c-1) and (c-2), and
Sections 51.217(d) and (e), Education Code, as added by this
article, apply only to a request for documents or information
that is received on or after the effective date of this article.
A request for documents or information that was received before
the effective date of this article 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.
Explanation: This change is necessary to add a
cross-reference to Subsections (d) and (e), Section 51.217,
Education Code, to the transition provisions of the bill.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2009.
_______________________________
Secretary of the Senate