Texas 2009 - 81st Regular

Texas Senate Bill SR1103 Compare Versions

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1	1	By: Carona S.R. No. 1103
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill No. 1831, relating to disaster preparedness and
10	10	emergency management and to certain vehicles used in
11	11	emergencies, to consider and take action on the following matter:
12	12	(1) Senate Rule 12.03(4) is suspended to permit the
13	13	committee to add the following text to SECTION 1.20 of the bill:
14	14	(13-a) "Police vehicle" means a vehicle [of a
15	15	governmental entity primarily] used by a peace officer, as
16	16	defined by Article 2.12, Code of Criminal Procedure, for law
17	17	enforcement purposes that:
18	18	(A) is owned or leased by a governmental
19	19	entity;
20	20	(B) is owned or leased by the police
21	21	department of a private institution of higher education that
22	22	commissions peace officers under Section 51.212, Education Code;
23	23	or
24	24	(C) is:
25	25	(i) a private vehicle owned or leased by
26	26	the peace officer; and
27	27	(ii) approved for use for law enforcement
28	28	purposes by the head of the law enforcement agency that employs
29	29	the peace officer, or by that person's designee, provided that
30	30	use of the private vehicle must, if applicable, comply with any
31	31	rule adopted by the commissioners court of a county under Section
32	32	170.001, Local Government Code, and that the private vehicle may
33	33	not be considered an authorized emergency vehicle for exemption
34	34	purposes under Section 228.054, 284.070, 366.178, or 370.177,
35	35	Transportation Code, unless the vehicle is marked.
36	36	Explanation: This change is necessary to ensure that a
37	37	private vehicle is marked in order to qualify for an exemption as
38	38	an authorized emergency vehicle.
39	39	(2) Senate Rule 12.03(4) is suspended to permit the
40	40	committee to add the following text to ARTICLE 6 of the bill:
41	41	SECTION 6.01. The heading to Section 37.108, Education
42	42	Code, is amended to read as follows:
43	43	Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN;
44	44	SAFETY AND SECURITY AUDIT.
45	45	SECTION 6.02. Section 37.108, Education Code, is amended
46	46	by amending Subsections (a), (b), and (c) and adding Subsections
47	47	(c-1) and (c-2) to read as follows:
48	48	(a) Each school district or public junior college
49	49	district shall adopt and implement a multihazard emergency
50	50	operations plan for use in the district's facilities [district
51	51	schools]. The plan must address mitigation, preparedness,
52	52	response, and recovery as defined by the commissioner of
53	53	education or commissioner of higher education in conjunction
54	54	with the governor's office of homeland security. The plan must
55	55	provide for:
56	56	(1) district employee training in responding to an
57	57	emergency;
58	58	(2) if the plan applies to a school district,
59	59	mandatory school drills and exercises to prepare district
60	60	students and employees for responding to an emergency;
61	61	(3) measures to ensure coordination with the
62	62	Department of State Health Services and local emergency
63	63	management agencies, law enforcement, health departments, and
64	64	fire departments in the event of an emergency; and
65	65	(4) the implementation of a safety and security
66	66	audit as required by Subsection (b).
67	67	(b) At least once every three years, each [a] school
68	68	district or public junior college district shall conduct a safety
69	69	and security audit of the district's facilities. To the extent
70	70	possible, a district shall follow safety and security audit
71	71	procedures developed by the Texas School Safety Center or a
72	72	comparable public or private entity.
73	73	(c) A school district or public junior college district
74	74	shall report the results of the safety and security audit
75	75	conducted under Subsection (b) to the district's board of
76	76	trustees and, in the manner required by the Texas School Safety
77	77	Center, to the Texas School Safety Center.
78	78	SECTION 6.03. Subchapter D, Chapter 37, Education Code,
79	79	is amended by adding Section 37.109 to read as follows:
80	80	Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE.
81	81	(a) In accordance with guidelines established by the Texas
82	82	School Safety Center, each school district shall establish a
83	83	school safety and security committee.
84	84	(b) The committee shall:
85	85	(1) participate on behalf of the district in
86	86	developing and implementing emergency plans consistent with the
87	87	district multihazard emergency operations plan required by
88	88	Section 37.108(a) to ensure that the plans reflect specific
89	89	campus, facility, or support services needs;
90	90	(2) provide the district with any campus, facility,
91	91	or support services information required in connection with a
92	92	safety and security audit required by Section 37.108(b), a safety
93	93	and security audit report required by Section 37.108(c), or
94	94	another report required to be submitted by the district to the
95	95	Texas School Safety Center; and
96	96	(3) review each report required to be submitted by
97	97	the district to the Texas School Safety Center to ensure that the
98	98	report contains accurate and complete information regarding each
99	99	campus, facility, or support service in accordance with criteria
100	100	established by the center.
101	101	SECTION 6.04. Section 37.202, Education Code, is amended
102	102	to read as follows:
103	103	Sec. 37.202. PURPOSE. The purpose of the center is to
104	104	serve as:
105	105	(1) a central location for school safety and
106	106	security information, including research, training, and
107	107	technical assistance related to successful school safety and
108	108	security programs; [and]
109	109	(2) a central registry of persons providing school
110	110	safety and security consulting services in the state; and
111	111	(3) a resource for the prevention of youth violence
112	112	and the promotion of safety in the state.
113	113	SECTION 6.05. Section 37.203(a), Education Code, as
114	114	amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the
115	115	80th Legislature, Regular Session, 2007, is reenacted to read as
116	116	follows:
117	117	(a) The center is advised by a board of directors
118	118	composed of:
119	119	(1) the attorney general, or the attorney general's
120	120	designee;
121	121	(2) the commissioner, or the commissioner's
122	122	designee;
123	123	(3) the executive director of the Texas Juvenile
124	124	Probation Commission, or the executive director's designee;
125	125	(4) the executive commissioner of the Texas Youth
126	126	Commission, or the executive commissioner's designee;
127	127	(5) the commissioner of the Department of State
128	128	Health Services, or the commissioner's designee;
129	129	(6) the commissioner of higher education, or the
130	130	commissioner's designee; and
131	131	(7) the following members appointed by the governor
132	132	with the advice and consent of the senate:
133	133	(A) a juvenile court judge;
134	134	(B) a member of a school district's board of
135	135	trustees;
136	136	(C) an administrator of a public primary
137	137	school;
138	138	(D) an administrator of a public secondary
139	139	school;
140	140	(E) a member of the state parent-teacher
141	141	association;
142	142	(F) a teacher from a public primary or
143	143	secondary school;
144	144	(G) a public school superintendent who is a
145	145	member of the Texas Association of School Administrators;
146	146	(H) a school district police officer or a
147	147	peace officer whose primary duty consists of working in a public
148	148	school; and
149	149	(I) two members of the public.
150	150	SECTION 6.06. Section 37.203(b), Education Code, is
151	151	amended to read as follows:
152	152	(b) Members of the board appointed under Subsection
153	153	(a)(7) [(a)(6)] serve staggered two-year terms, with the terms of
154	154	the members described by Subsections (a)(7)(A)-(E)
155	155	[(a)(6)(A)-(E)] expiring on February 1 of each odd-numbered year
156	156	and the terms of the members described by Subsections
157	157	(a)(7)(F)-(I) [(a)(6)(F)-(I)] expiring on February 1 of each
158	158	even-numbered year. A member may serve more than one term.
159	159	SECTION 6.07. Section 37.207(a), Education Code, is
160	160	amended to read as follows:
161	161	(a) The center shall develop a model safety and security
162	162	audit procedure for use by school districts and public junior
163	163	college districts that includes:
164	164	(1) providing each district with guidelines [and a
165	165	training video] showing proper audit procedures;
166	166	(2) reviewing elements of each district audit[,
167	167	providing the results of the review to the district,] and making
168	168	recommendations for improvements in the state based on that
169	169	review [the audit]; and
170	170	(3) incorporating the findings of district audits
171	171	in a statewide report on school safety and security made
172	172	available by the center to the public.
173	173	SECTION 6.08. Section 37.209, Education Code, is amended
174	174	to read as follows:
175	175	Sec. 37.209. CENTER WEBSITE. The center shall develop
176	176	and maintain an interactive Internet website that includes:
177	177	(1) quarterly news updates related to school safety
178	178	and security and violence prevention;
179	179	(2) school crime data;
180	180	(3) a schedule of training and special events; and
181	181	(4) a list of persons who [approved by the board to]
182	182	provide school safety or security consulting services in this
183	183	state and are registered in accordance with Section 37.2091
184	184	[presentations].
185	185	SECTION 6.09. Subchapter G, Chapter 37, Education Code,
186	186	is amended by adding Sections 37.2091 and 37.2121 to read as
187	187	follows:
188	188	Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL
189	189	SAFETY OR SECURITY CONSULTING SERVICES. (a) In this section,
190	190	"school safety or security consulting services" includes any
191	191	service provided to a school district, institution of higher
192	192	education, district facility, or campus by a person consisting of
193	193	advice, information, recommendations, data collection, or safety
194	194	and security audit services relevant to school safety and
195	195	security, regardless of whether the person is paid for those
196	196	services.
197	197	(b) The center shall establish a registry of persons
198	198	providing school safety or security consulting services in this
199	199	state.
200	200	(c) Each person providing school safety or security
201	201	consulting services in this state shall register with the center
202	202	in accordance with requirements established by the center. The
203	203	requirements must include provisions requiring a person
204	204	registering with the center to provide information regarding:
205	205	(1) the person's background, education, and
206	206	experience that are relevant to the person's ability to provide
207	207	knowledgeable and effective school safety or security consulting
208	208	services; and
209	209	(2) any complaints or pending litigation relating
210	210	to the person's provision of school safety or security consulting
211	211	services.
212	212	(d) The registry is intended to serve only as an
213	213	informational resource for school districts and institutions of
214	214	higher education. The inclusion of a person in the registry is
215	215	not an indication of the person's qualifications or ability to
216	216	provide school safety or security consulting services or that the
217	217	center endorses the person's school safety or security
218	218	consulting services.
219	219	(e) The center shall include information regarding the
220	220	registry, including the number of persons registered and the
221	221	general degree of school safety or security experience possessed
222	222	by those persons, in the biennial report required by Section
223	223	37.216.
224	224	Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID
225	225	AGREEMENTS. (a) The center shall identify and inform school
226	226	districts of the types of entities, including local and regional
227	227	authorities, other school districts, and emergency first
228	228	responders, with whom school districts should customarily make
229	229	efforts to enter into memoranda of understanding or mutual aid
230	230	agreements addressing issues that affect school safety and
231	231	security.
232	232	(b) The center shall develop guidelines regarding
233	233	memoranda of understanding and mutual aid agreements between
234	234	school districts and the entities identified in accordance with
235	235	Subsection (a). The guidelines:
236	236	(1) must include descriptions of the provisions
237	237	that should customarily be included in each memorandum or
238	238	agreement with a particular type of entity;
239	239	(2) may include sample language for those
240	240	provisions; and
241	241	(3) must be consistent with the Texas Statewide
242	242	Mutual Aid System established under Subchapter E-1, Chapter 418,
243	243	Government Code.
244	244	(c) The center shall encourage school districts to enter
245	245	into memoranda of understanding and mutual aid agreements with
246	246	entities identified in accordance with Subsection (a) that
247	247	comply with the guidelines developed under Subsection (b).
248	248	(d) Each school district that enters into a memorandum of
249	249	understanding or mutual aid agreement addressing issues that
250	250	affect school safety and security shall, at the center's request,
251	251	provide the following information to the center:
252	252	(1) the name of each entity with which the school
253	253	district has entered into a memorandum of understanding or mutual
254	254	aid agreement;
255	255	(2) the effective date of each memorandum or
256	256	agreement; and
257	257	(3) a summary of each memorandum or agreement.
258	258	(e) The center shall include information regarding the
259	259	center's efforts under this section in the report required by
260	260	Section 37.216.
261	261	SECTION 6.10. Section 37.213, Education Code, is amended
262	262	to read as follows:
263	263	Sec. 37.213. PUBLIC JUNIOR COLLEGES [INSTITUTIONS OF
264	264	HIGHER EDUCATION]. (a) In this section, "public junior
265	265	college" ["institution of higher education"] has the meaning
266	266	assigned by Section 61.003.
267	267	(b) The center shall research best practices regarding
268	268	emergency preparedness of public junior colleges and serve as a
269	269	clearinghouse for that information.
270	270	(c) The center shall provide public junior colleges with
271	271	training, technical assistance, and published guidelines or
272	272	templates, as appropriate, in the following areas:
273	273	(1) multihazard emergency operations plan
274	274	development;
275	275	(2) drill and exercise development and
276	276	implementation;
277	277	(3) mutual aid agreements;
278	278	(4) identification of equipment and funds that may
279	279	be used by public junior colleges in an emergency; and
280	280	(5) reporting in accordance with 20 U.S.C. Section
281	281	1092(f) [An institution of higher education may use any
282	282	appropriate model plan developed by the center under Section
283	283	37.205(4).
284	284	[(c) The center may provide an institution of higher
285	285	education with on-site technical assistance and safety training.
286	286	[(d) The center may charge a fee to an institution of
287	287	higher education for assistance and training provided under
288	288	Subsection (c)].
289	289	SECTION 6.11. Section 37.216, Education Code, is amended
290	290	to read as follows:
291	291	Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later
292	292	than January [September] 1 of each odd-numbered year, the board
293	293	shall provide a report to the governor, the legislature, the
294	294	State Board of Education, and the agency.
295	295	(b) The biennial [annual] report must include any
296	296	findings made by the center regarding school safety and security
297	297	and the center's functions, budget information, and strategic
298	298	planning initiatives of the center.
299	299	SECTION 6.12. Subchapter G, Chapter 37, Education Code,
300	300	is amended by adding Section 37.2161 to read as follows:
301	301	Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS
302	302	REPORT. (a) The center shall periodically provide a school
303	303	safety and security progress report to the governor, the
304	304	legislature, the State Board of Education, and the agency that
305	305	contains current information regarding school safety and
306	306	security in the school districts and public junior college
307	307	districts of this state based on:
308	308	(1) elements of each district's multihazard
309	309	emergency operations plan required by Section 37.108(a);
310	310	(2) elements of each district's safety and security
311	311	audit required by Section 37.108(b); and
312	312	(3) any other report required to be submitted to the
313	313	center.
314	314	(b) The center shall establish guidelines regarding the
315	315	specific information to be included in the report required by
316	316	this section.
317	317	(c) The center may provide the report required by this
318	318	section in conjunction with the report required by Section
319	319	37.216.
320	320	SECTION 6.13. Subchapter E, Chapter 51, Education Code,
321	321	is amended by adding Section 51.217 to read as follows:
322	322	Sec. 51.217. MULTIHAZARD EMERGENCY OPERATIONS PLAN;
323	323	SAFETY AND SECURITY AUDIT. (a) In this section, "institution"
324	324	means a general academic teaching institution, a medical and
325	325	dental unit, or other agency of higher education, as those terms
326	326	are defined by Section 61.003.
327	327	(b) An institution shall adopt and implement a
328	328	multihazard emergency operations plan for use at the
329	329	institution. The plan must address mitigation, preparedness,
330	330	response, and recovery. The plan must provide for:
331	331	(1) employee training in responding to an
332	332	emergency;
333	333	(2) mandatory drills to prepare students, faculty,
334	334	and employees for responding to an emergency;
335	335	(3) measures to ensure coordination with the
336	336	Department of State Health Services, local emergency management
337	337	agencies, law enforcement, health departments, and fire
338	338	departments in the event of an emergency; and
339	339	(4) the implementation of a safety and security
340	340	audit as required by Subsection (c).
341	341	(c) At least once every three years, an institution shall
342	342	conduct a safety and security audit of the institution's
343	343	facilities. To the extent possible, an institution shall follow
344	344	safety and security audit procedures developed in consultation
345	345	with the division of emergency management of the office of the
346	346	governor.
347	347	(d) An institution shall report the results of the safety
348	348	and security audit conducted under Subsection (c) to the
349	349	institution's board of regents and the division of emergency
350	350	management of the office of the governor.
351	351	(e) Except as provided by Subsection (f), any document or
352	352	information collected, developed, or produced during a safety
353	353	and security audit conducted under Subsection (c) is not subject
354	354	to disclosure under Chapter 552, Government Code.
355	355	(f) A document relating to an institution's multihazard
356	356	emergency operations plan is subject to disclosure if the
357	357	document enables a person to:
358	358	(1) verify that the institution has established a
359	359	plan and determine the agencies involved in the development of
360	360	the plan and the agencies coordinating with the institution to
361	361	respond to an emergency, including the Department of State Health
362	362	Services, local emergency services agencies, law enforcement
363	363	agencies, health departments, and fire departments;
364	364	(2) verify that the institution's plan was reviewed
365	365	within the last 12 months and determine the specific review
366	366	dates;
367	367	(3) verify that the plan addresses the four phases
368	368	of emergency management under Subsection (b);
369	369	(4) verify that institution employees have been
370	370	trained to respond to an emergency and determine the types of
371	371	training, the number of employees trained, and the person
372	372	conducting the training;
373	373	(5) verify that each campus has conducted mandatory
374	374	emergency drills and exercises in accordance with the plan and
375	375	determine the frequency of the drills;
376	376	(6) verify that the institution has completed a
377	377	safety and security audit under Subsection (c) and determine the
378	378	date the audit was conducted, the person conducting the audit,
379	379	and the date the institution presented the results of the audit
380	380	to the board of regents; and
381	381	(7) verify that the institution has addressed any
382	382	recommendations by the board of regents for improvement of the
383	383	plan and determine the institution's progress within the last 12
384	384	months.
385	385	SECTION 6.13a. Chapter 111, Education Code, is amended
386	386	by adding Subchapter I to read as follows:
387	387	SUBCHAPTER I. UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
388	388	INNOVATIVE TECHNOLOGY
389	389	Sec. 111.121. DEFINITIONS. In this subchapter:
390	390	(1) "Board" means the board of regents of the
391	391	University of Houston System.
392	392	(2) "Center" means the University of Houston
393	393	Hurricane Center for Innovative Technology (UHC-IT) established
394	394	under this subchapter.
395	395	Sec. 111.122. ESTABLISHMENT. (a) The University of
396	396	Houston Hurricane Center for Innovative Technology is
397	397	established at the University of Houston.
398	398	(b) The organization, control, and management of the
399	399	center are vested in the board.
400	400	(c) The center shall be hosted by the university's
401	401	College of Engineering. Participation in the center's
402	402	activities shall be open to any faculty member of the university
403	403	who is an active researcher in the field of materials,
404	404	nanotechnology, structural engineering, designing of
405	405	structures, or sensor technology, or in another relevant field as
406	406	determined by the university.
407	407	Sec. 111.123. PURPOSE. The center is created to:
408	408	(1) promote interdisciplinary research, education,
409	409	and training for the development of state-of-the-art products,
410	410	materials, systems, and technologies designed to mitigate the
411	411	wind, and asserted structural damages in the built environment
412	412	and offshore structures caused by hurricanes in the Gulf Coast
413	413	region; and
414	414	(2) develop protocols for the fast and efficient
415	415	recovery of the public and private sectors, including utilities,
416	416	hospitals, petrochemical industries, offshore platforms, and
417	417	municipalities and other local communities following a
418	418	hurricane.
419	419	Sec. 111.124. POWERS AND DUTIES. The center shall:
420	420	(1) collaborate with appropriate federal, state,
421	421	and local agencies and private business or nonprofit entities as
422	422	necessary to coordinate efforts after a hurricane in the Gulf
423	423	Coast region;
424	424	(2) develop smart materials and devices for use in
425	425	hurricane protection and mitigation systems for structural
426	426	monitoring;
427	427	(3) develop anchor systems for window and door
428	428	screens, dwellings and other buildings, pipelines, and other
429	429	onshore and offshore structures to withstand hurricane wind
430	430	damage;
431	431	(4) develop test facilities for evaluating the
432	432	performance of new products, materials, or techniques designed
433	433	to protect against hurricane wind damage;
434	434	(5) develop specifications and standards for
435	435	products used for protecting against hurricane wind damage;
436	436	(6) design buildings, houses, and other structures
437	437	to withstand hurricane wind damage; and
438	438	(7) provide hurricane-related educational
439	439	programs, seminars, conferences, and workshops to the community
440	440	designed to ensure safety, minimize loss of life, and mitigate
441	441	the destruction of property associated with hurricane wind
442	442	damage.
443	443	Sec. 111.125. COLLABORATION WITH OTHER ENTITIES. The
444	444	University of Houston shall encourage public and private
445	445	entities to participate in or support the operation of the center
446	446	and may enter into an agreement with any public or private entity
447	447	for that purpose. An agreement may allow the center to provide
448	448	information, services, or other assistance to an entity in
449	449	exchange for the entity's participation or support.
450	450	Sec. 111.126. GIFTS AND GRANTS. The board may solicit,
451	451	accept, and administer gifts and grants from any public or
452	452	private source and use existing resources for the purposes of the
453	453	center. State funding is not available unless the legislature
454	454	makes specific appropriation for this purpose.
455	455	Sec. 111.127. PERSONNEL. The board may employ personnel
456	456	for the center as necessary.
457	457	SECTION 6.14. Section 418.004(10), Government Code, is
458	458	amended to read as follows:
459	459	(10) "Local government entity" means a county,
460	460	incorporated city, independent school district, public junior
461	461	college district, emergency services district, other special
462	462	district, joint board, or other entity defined as a political
463	463	subdivision under the laws of this state that maintains the
464	464	capability to provide mutual aid.
465	465	SECTION 6.15. Section 37.210, Education Code, is
466	466	repealed.
467	467	SECTION 6.17. A person providing school safety or
468	468	security consulting services in this state shall comply with
469	469	Section 37.2091, Education Code, as added by this article, not
470	470	later than January 1, 2010.
471	471	SECTION 6.18. This article does not make an
472	472	appropriation. A provision in this article that creates a new
473	473	governmental program, creates a new entitlement, or imposes a new
474	474	duty on a governmental entity is not mandatory during a fiscal
475	475	period for which the legislature has not made a specific
476	476	appropriation to implement the provision.
477	477	SECTION 6.19. This article takes effect September 1,
478	478	2009.
479	479	Explanation: This change is necessary to require public
480	480	junior college districts to adopt and implement a multihazard
481	481	emergency operation plan, to establish school safety and
482	482	security committees, and to establish the University of Houston
483	483	Hurricane Center for Innovative Technology.
484	484	(3) Senate Rule 12.03(1) is suspended to permit the
485	485	committee to change text that is not in disagreement in SECTION
486	486	6.16 of the bill so that section reads as follows:
487	487	SECTION 6.16. Sections 37.108(c-1) and (c-2), and
488	488	Sections 51.217(d) and (e), Education Code, as added by this
489	489	article, apply only to a request for documents or information
490	490	that is received on or after the effective date of this article.
491	491	A request for documents or information that was received before
492	492	the effective date of this article is governed by the law in
493	493	effect on the date the request was received, and the former law is
494	494	continued in effect for that purpose.
495	495	Explanation: This change is necessary to add a
496	496	cross-reference to Subsections (d) and (e), Section 51.217,
497	497	Education Code, to the transition provisions of the bill.
498	498	_______________________________
499	499	President of the Senate
500	500	I hereby certify that the
501	501	above Resolution was adopted by
502	502	the Senate on June 1, 2009.
503	503	_______________________________
504	504	Secretary of the Senate