Texas 2019 - 86th Regular

Texas House Bill HB1042 Latest Draft

Bill / Introduced Version Filed 01/24/2019

                            86R7704 MEW-D
 By: Toth H.B. No. 1042


 A BILL TO BE ENTITLED
 AN ACT
 relating to requiring law enforcement agencies to establish a
 campus active shooter response plan.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 2, Code of Criminal Procedure, is
 amended by adding Article 2.33 to read as follows:
 Art. 2.33.  CAMPUS ACTIVE SHOOTER RESPONSE PLAN. (a)  Each
 law enforcement agency in this state shall:
 (1)  establish a plan for coordinating with other local
 law enforcement agencies and first responders when responding to an
 active shooter emergency on the campus of a school or educational
 institution;
 (2)  annually:
 (A)  conduct an active shooter drill with local
 law enforcement agencies and first responders in accordance with
 the plan; and
 (B)  review and, if necessary, revise the plan;
 and
 (3)  not later than July 1 of each year, submit the plan
 to the Department of Public Safety.
 (b)  The response plan established under Subsection (a)(1)
 must include protocols for the first officer arriving at the scene
 to immediately:
 (1)  enter the premises where the emergency is
 occurring;
 (2)  identify and evaluate the threat; and
 (3)  take action to eliminate the threat, if feasible,
 or contain the threat to prevent further injuries and protect the
 public while additional law enforcement officers are summoned.
 (c)  The Department of Public Safety shall adopt rules and
 procedures to annually certify a law enforcement agency's
 compliance with this article.
 SECTION 2.  (a)  As soon as practicable after the effective
 date of this Act:
 (1)  each law enforcement agency shall establish the
 campus active shooter response plan required by Article 2.33(a)(1),
 Code of Criminal Procedure, as added by this Act; and
 (2)  the Department of Public Safety shall adopt the
 rules and procedures required by Article 2.33(c), Code of Criminal
 Procedure, as added by this Act.
 (b)  Not later than July 1, 2020, each law enforcement agency
 shall submit the agency's initial plan to the Department of Public
 Safety, as required by Article 2.33(a)(3), Code of Criminal
 Procedure, as added by this Act.
 SECTION 3.  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, 2019.