Texas 2011 - 82nd Regular

Texas House Bill HB348 Compare Versions

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Old	New	Differences
1	1	82R20285 VOO-D
2	2	By: Walle H.B. No. 348
3	3	Substitute the following for H.B. No. 348:
4	4	By: Fletcher C.S.H.B. No. 348
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to education and training for certain school district
10	10	peace officers and school resource officers employed by a school
11	11	district.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subchapter M, Chapter 1701,
14	14	Occupations Code, is amended to read as follows:
15	15	SUBCHAPTER M. SCHOOL [VISITING] RESOURCE OFFICERS AND [OFFICER IN
16	16	PUBLIC] SCHOOL DISTRICT PEACE OFFICERS
17	17	SECTION 2. Subchapter M, Chapter 1701, Occupations Code, is
18	18	amended by adding Section 1701.604 to read as follows:
19	19	Sec. 1701.604. EDUCATION AND TRAINING PROGRAM. (a) Except
20	20	as provided by Subsection (b), this section applies only to:
21	21	(1) a school district peace officer commissioned under
22	22	Section 37.081, Education Code; or
23	23	(2) a school resource officer, as defined by Section
24	24	1701.601.
25	25	(b) This section does not apply to a peace officer while the
26	26	peace officer is assigned to a school-sponsored event at which
27	27	formal classroom instruction is not offered.
28	28	(c) A peace officer may not serve as a school district peace
29	29	officer for more than 30 days unless the peace officer has completed
30	30	a 16-hour or longer education and training program approved by the
31	31	commission under this section, except as provided by Subsection
32	32	(d), and has received a certificate under Subsection (e). A peace
33	33	officer may not serve as a school resource officer for more than 90
34	34	days unless the officer has completed a 16-hour or longer education
35	35	and training program approved by the commission under this section,
36	36	except as provided by Subsection (d), and has received a
37	37	certificate under Subsection (e).
38	38	(d) A peace officer who has received comparable education
39	39	and training through the Bexar County children's crisis
40	40	intervention training program or the Texas School Safety Center at
41	41	Texas State University is not required to complete the education
42	42	and training program approved by the commission under this section
43	43	to serve as a school district peace officer or school resource
44	44	officer.
45	45	(e) The commission shall issue a professional achievement
46	46	or proficiency certificate to a peace officer on successful
47	47	completion of an education and training program:
48	48	(1) approved by the commission under this section; or
49	49	(2) described by Subsection (d).
50	50	(f) The commission shall appoint 12 members to a school
51	51	resource curriculum committee to develop the curriculum for the
52	52	education and training program under this section. The school
53	53	resource curriculum committee shall be composed as follows:
54	54	(1) one representative of the Bexar County children's
55	55	crisis intervention training program;
56	56	(2) one representative of the Texas School Safety
57	57	Center at Texas State University;
58	58	(3) one representative of the commission;
59	59	(4) one representative of the Texas Municipal Police
60	60	Association;
61	61	(5) one representative of the Texas Education Agency;
62	62	(6) one representative of a local mental health
63	63	authority, as defined by Section 571.003, Health and Safety Code;
64	64	(7) a peace officer with certification in crisis
65	65	intervention;
66	66	(8) a school district peace officer;
67	67	(9) one representative of an organization that
68	68	advocates for juvenile justice;
69	69	(10) one representative of an organization that
70	70	advocates for civil liberties;
71	71	(11) one representative of an organization
72	72	representing parents of public school students; and
73	73	(12) one representative of the Texas School District
74	74	Police Chiefs' Association.
75	75	(g) Members of the school resource curriculum committee
76	76	serve terms of two years.
77	77	(h) The school resource curriculum committee shall develop
78	78	the curriculum for the education and training program under this
79	79	section based on the model curriculum used for the Bexar County
80	80	children's crisis intervention training program and in accordance
81	81	with Subsection (i). The curriculum must be approved by the
82	82	commission. After developing the program, the committee may review
83	83	and revise the curriculum for the program annually or as the
84	84	committee determines necessary. Any revision must be approved by
85	85	the commission. In carrying out its duties, the committee may use
86	86	technology, including teleconferencing or videoconferencing, to
87	87	eliminate travel expenses.
88	88	(i) The curriculum for the education and training program
89	89	under this section must incorporate learning objectives regarding:
90	90	(1) child and adolescent development and psychology;
91	91	(2) positive behavioral interventions and supports,
92	92	conflict resolution techniques, and restorative justice
93	93	techniques;
94	94	(3) force usage limitations, including physical
95	95	restraint, and de-escalation techniques;
96	96	(4) children with disabilities or special needs,
97	97	including mental or behavioral health needs; and
98	98	(5) cultural competency.
99	99	(j) The education and training program under this section
100	100	may be provided:
101	101	(1) as a collaborative model within a community that:
102	102	(A) involves local stakeholders; and
103	103	(B) incorporates didactic and experiential
104	104	training using the best practice model of the Bexar County
105	105	children's crisis intervention training program;
106	106	(2) by a school determined appropriate for operation
107	107	under Section 1701.251; or
108	108	(3) as an online training program sponsored by an
109	109	online training provider if the training provider also provides
110	110	training under Section 1701.251.
111	111	(k) A school district may offer additional,
112	112	commission-approved preparatory education or training to its
113	113	school district peace officers and school resource officers.
114	114	(l) The superintendent of a school district that employs a
115	115	peace officer or to which a school resource officer is assigned
116	116	shall maintain on file the certification issued to the officer
117	117	under Subsection (e).
118	118	(m) Notwithstanding Section 1701.351(a), the commission may
119	119	not suspend the license of a peace officer solely because the peace
120	120	officer fails to meet the requirements of this section.
121	121	SECTION 3. Not later than March 31, 2012, the Commission on
122	122	Law Enforcement Officer Standards and Education shall approve the
123	123	curriculum for the education and training program as required by
124	124	Section 1701.604, Occupations Code, as added by this Act.
125	125	SECTION 4. Section 1701.604, Occupations Code, as added by
126	126	this Act, applies only to a school district peace officer or school
127	127	resource officer who is serving or has been assigned, appointed,
128	128	commissioned, or employed by a school district to serve in that
129	129	capacity on or after March 31, 2012.
130	130	SECTION 5. This Act takes effect September 1, 2011.