By: Giddings, Walle (Senate Sponsor - Whitmire) H.B. No. 2684
(In the Senate - Received from the House May 18, 2015;
May 21, 2015, read first time and referred to Committee on Criminal
Justice; May 22, 2015, reported favorably by the following vote:
Yeas 5, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a model training curriculum and to the
required training for certain school district peace officers and
school resource officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0812 to read as follows:
Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE
OFFICERS AND SCHOOL RESOURCE OFFICERS. A school district with an
enrollment of 5,000 or more students that commissions a school
district peace officer or at which a school resource officer
provides law enforcement shall adopt a policy requiring the officer
to complete the education and training program required by Section
1701.263, Occupations Code.
SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Sections 1701.262 and 1701.263 to read as
follows:
Sec. 1701.262. TRAINING FOR SCHOOL DISTRICT PEACE OFFICERS
AND SCHOOL RESOURCE OFFICERS. (a) In this section:
(1) "Center" means the Texas School Safety Center at
Texas State University.
(2) "Institute" means an institute dedicated to
providing training to law enforcement and the development of law
enforcement policies, such as the Law Enforcement Management
Institute of Texas at Sam Houston State University or the Caruth
Police Institute.
(3) "School district peace officer" means a peace
officer commissioned under Section 37.081, Education Code.
(4) "School resource officer" has the meaning assigned
by Section 1701.601.
(b) The commission, in consultation with an institute or the
center, shall create, adopt, and distribute a model training
curriculum for school district peace officers and school resource
officers.
(c) The curriculum developed under this section must
incorporate learning objectives regarding:
(1) child and adolescent development and psychology;
(2) positive behavioral interventions and supports,
conflict resolution techniques, and restorative justice
techniques;
(3) de-escalation techniques and techniques for
limiting the use of force, including the use of physical,
mechanical, and chemical restraints;
(4) the mental and behavioral health needs of children
with disabilities or special needs; and
(5) mental health crisis intervention.
(d) Before adopting and distributing any curriculum under
this section, the commission shall provide a 30-day period for
public comment.
(e) The commission shall provide the curriculum developed
under this section and any supplemental education materials created
for the curriculum to:
(1) school district police departments;
(2) law enforcement agencies that place peace officers
in a school as school resource officers under a memorandum of
understanding; and
(3) any entity that provides training to school
district peace officers or school resource officers.
(f) The commission shall review curriculum developed and
adopted under this section and update subject matter contained in
the curriculum as needed at least once every four years.
Sec. 1701.263. EDUCATION AND TRAINING PROGRAM FOR SCHOOL
DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. (a) In this
section:
(1) "School district peace officer" has the meaning
assigned by Section 1701.262.
(2) "School resource officer" has the meaning assigned
by Section 1701.601.
(b) The commission by rule shall require a school district
peace officer or a school resource officer who is commissioned by or
who provides law enforcement at a school district with an
enrollment of 5,000 or more students to successfully complete an
education and training program described by this section before or
within 120 days of the officer's commission by or placement in the
district or a campus of the district. The program must:
(1) consist of at least 16 hours of training;
(2) be approved by the commission; and
(3) provide training in accordance with the curriculum
developed under Section 1701.262 in each subject area listed in
Subsection (c) of that section.
(b-1) Notwithstanding Subsection (b) or a rule adopted
under that section, a school district peace officer or school
resource officer is not required to successfully complete the
education and training program required by this section if the
officer has successfully completed the advanced training course
conducted by the National Association of School Resource Officers
or a training course equivalent to that advanced training course,
as determined by the commission.
(c) The education and training program required under this
section may not require a peace officer to pass an examination,
except that the commission shall administer an examination to
qualify officers to provide the education and training to other
officers. The examination to qualify officers to provide the
education and training must test the officer's knowledge and
recognition of the subject areas listed in Section 1701.262(c).
(d) The commission shall issue a professional achievement
or proficiency certificate to a peace officer who completes the
education and training program under this section.
SECTION 3. (a) Not later than December 1, 2015, the Texas
Commission on Law Enforcement shall create the model training
curriculum for school district peace officers and school resource
officers required by Section 1701.262, Occupations Code, as added
by this Act.
(b) Not later than February 1, 2016, the Texas Commission on
Law Enforcement shall make available to school district peace
officers and school resource officers the training required by
Section 1701.263, Occupations Code, as added by this Act.
(c) Notwithstanding Section 1701.263(b), Occupations Code,
as added by this Act, a school district peace officer or school
resource officer who commences employment with or commences
providing law enforcement at a school district with an enrollment
of 10,000 or more students on a date occurring before February 1,
2016, shall complete the training required by Section 1701.263,
Occupations Code, as added by this Act, as soon as practicable and
not later than June 1, 2016. This subsection does not apply to an
officer who is exempt from the training established under Section
1701.263, Occupations Code, as added by this Act, because the
officer has completed the training described by Subsection (b-1) of
that section.
(d) Not later than February 1, 2016, a school district with
an enrollment of 5,000 or more students shall adopt the training
policy for school district peace officers and school resource
officers required by Section 37.0812, Education Code, as added by
this Act.
SECTION 4. 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, 2015.
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