86R9572 JES-F
By: Bonnen of Galveston H.B. No. 17
A BILL TO BE ENTITLED
AN ACT
relating to public school safety measures and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.061 to read as follows:
Sec. 7.061. FACILITIES STANDARDS. (a) In this section,
"instructional facility" has the meaning assigned by Section
46.001.
(b) The commissioner shall adopt or amend rules as necessary
to ensure that building standards for instructional facilities and
other school district and open-enrollment charter school
facilities provide a secure and safe environment. In adopting or
amending rules under this section, the commissioner shall include
the use of best practices for:
(1) the design and construction of new facilities; and
(2) the improvement, renovation, and retrofitting of
existing facilities.
(c) Not later than September 1 of each even-numbered year,
the commissioner shall review all rules adopted or amended under
this section and amend the rules as necessary to ensure that
building standards for school district and open-enrollment charter
school facilities continue to provide a secure and safe
environment.
SECTION 2. Section 12.104(b), Education Code, as amended by
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
of the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) [(P)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d); and
(T) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.207, and
37.2071.
SECTION 3. Section 37.108, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (f) 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. The plan must address
mitigation, preparedness, response, and recovery as defined by the
Texas School Safety Center in conjunction with the governor's
office of homeland security and the commissioner of education or
commissioner of higher education, as applicable [in conjunction
with the governor's office of homeland security]. The plan must
provide for:
(1) [district employee] training in responding to an
emergency for district employees, including substitute teachers;
(2) measures to ensure district employees, including
substitute teachers, have classroom access to a telephone or
another electronic communication device allowing for immediate
contact with district emergency services or emergency services
agencies, law enforcement agencies, health departments, and fire
departments;
(3) if the plan applies to a school district,
mandatory school drills and exercises, including drills required
under Section 37.114, to prepare district students and employees
for responding to an emergency;
(4) [(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
(5) [(4)] the implementation of a safety and security
audit as required by Subsection (b).
(b) At least once every three years, each 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 person included in
the registry established by the Texas School Safety Center under
Section 37.2091 [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. The report provided to the Texas School
Safety Center under this subsection must be signed by the
district's board of trustees and superintendent. The Texas School
Safety Center shall compile school district audit results and
report them to the agency.
(f) A school district shall include in its multihazard
emergency operations plan:
(1) a chain of command that designates the individual
responsible for making final decisions during a disaster or
emergency situation and identifies other individuals responsible
for making those decisions if the designated person is unavailable;
(2) provisions for responding to a natural disaster,
active shooter, and any other dangerous scenario identified for
purposes of this section by the agency or the Texas School Safety
Center;
(3) provisions for ensuring the safety of students in
portable buildings;
(4) provisions for providing immediate notification
to parents, guardians, and other persons standing in parental
relation in circumstances involving a significant threat to the
health or safety of students, including identification of the
individual with responsibility for overseeing the notification;
(5) a policy for providing a substitute teacher access
to school campus buildings and materials necessary for the
substitute teacher to carry out the duties of a district employee
during an emergency or a mandatory emergency drill; and
(6) the name of each individual on the district's
school safety and security committee established under Section
37.109 and the date of each committee meeting during the preceding
year.
SECTION 4. Subchapter D, Chapter 37, Education Code, is
amended by adding Sections 37.1081 and 37.1082 to read as follows:
Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY
OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a
school district receives notice of noncompliance under Section
37.207(e) or 37.2071(g), the board shall hold a public hearing to
notify the public of:
(1) the district's failure to:
(A) submit or correct deficiencies in a
multihazard emergency operations plan; or
(B) report the results of a safety and security
audit to the Texas School Safety Center as required by law;
(2) the dates during which the district has not been in
compliance; and
(3) the names of each member of the board of trustees
and the superintendent serving in that capacity during the dates
the district was not in compliance.
(b) The school district shall provide the information
required under Subsection (a)(3) in writing to each person in
attendance at the hearing.
(c) The board shall give members of the public a reasonable
opportunity to appear before the board and to speak on the issue of
the district's failure to submit or correct deficiencies in a
multihazard emergency operations plan or report the results of a
safety and security audit during a hearing held under this section.
(d) A school district required to hold a public hearing
under Subsection (a) shall provide written confirmation to the
Texas School Safety Center that the district held the hearing.
Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN
NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS.
(a) If the agency receives notice from the Texas School Safety
Center of a school district's failure to submit a multihazard
emergency operations plan, the commissioner may appoint a
conservator for the district under Chapter 39A. The conservator
may order the district to adopt, implement, and submit a
multihazard emergency operations plan.
(b) If a district fails to comply with a conservator's order
to adopt, implement, and submit a multihazard emergency operations
plan within the time frame imposed by the commissioner, the
commissioner may appoint a board of managers under Chapter 39A to
oversee the operations of the district.
(c) The commissioner may adopt rules as necessary to
administer this section.
SECTION 5. Section 37.109, Education Code, is amended by
adding Subsections (a-1), (c), and (d) and amending Subsection (b)
to read as follows:
(a-1) The committee must include:
(1) one or more representatives of an office of
emergency management of a county or city in which the district is
located;
(2) one or more representatives of the local police
department or sheriff's office;
(3) one or more representatives of the district's
police department, if applicable;
(4) one or more representatives of a municipality with
territory included within the boundaries of the district;
(5) the president of the district's board of trustees;
(6) a member of the district's board of trustees other
than the president;
(7) the district's superintendent;
(8) one or more designees of the district's
superintendent, one of whom must be a classroom teacher in the
district;
(9) if the district partners with an open-enrollment
charter school to provide instruction to students, a member of the
open-enrollment charter school's governing body or a designee of
the governing body; and
(10) two parents or guardians of students enrolled in
the district.
(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) periodically provide recommendations to the
district's board of trustees and district administrators regarding
updating the district multihazard emergency operations plan
required by Section 37.108(a) in accordance with best practices
identified by the agency, the Texas School Safety Center, or a
person included in the registry established by the Texas School
Safety Center under Section 37.2091;
(3) 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]
(4) [(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; and
(5) consult with local law enforcement agencies on
methods to increase law enforcement presence near district
campuses.
(c) Except as otherwise provided by this subsection, the
committee shall meet at least once during each academic semester
and at least once during the summer. A committee established by a
school district that operates schools on a year-round system or in
accordance with another alternative schedule shall meet at least
three times during each calendar year, with an interval of at least
two months between each meeting.
(d) The committee is subject to Chapter 551, Government
Code, and may meet in executive session as provided by that chapter.
Notice of a committee meeting must be posted in the same manner as
notice of a meeting of the district's board of trustees.
SECTION 6. Subchapter D, Chapter 37, Education Code, is
amended by adding Sections 37.113 and 37.114 to read as follows:
Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR
TERRORISTIC THREAT. A school district that receives a bomb threat
or terroristic threat relating to a campus or other district
facility at which students are present shall provide notification
of the threat as soon as possible to the parent or guardian of or
other person standing in parental relation to each student who is
assigned to the campus or who regularly uses the facility, as
applicable.
Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL
DRILLS. The commissioner, in consultation with the Texas School
Safety Center and the state fire marshal, shall adopt rules:
(1) providing procedures for evacuating and securing
school property during an emergency; and
(2) designating the number of mandatory school drills
to be conducted each semester of the school year, not to exceed 10
drills, including designating the number of:
(A) evacuation fire exit drills; and
(B) lockdown, lockout, shelter-in-place, and
evacuation drills.
SECTION 7. Section 37.207, Education Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) In addition to a review of a district's multihazard
emergency operations plan under Section 37.2071, the center may
require a district to submit its plan for immediate review if the
district's audit results indicate that the district is not
complying with applicable standards.
(d) If a district fails to report the results of its audit as
required under Subsection (b), the center shall provide the
district with written notice that the district has failed to report
its audit results and must immediately report the results to the
center.
(e) If six months after the date of the initial notification
required by Subsection (d) the district has still not reported the
results of its audit to the center, the center shall notify the
agency and the district of the district's requirement to conduct a
public hearing under Section 37.1081. This subsection applies only
to a school district.
SECTION 8. Subchapter G, Chapter 37, Education Code, is
amended by adding Section 37.2071 to read as follows:
Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS
PLAN REVIEW AND APPROVAL. (a) The center shall establish a random
or need-based cycle for the center's review and approval of school
district and public junior college district multihazard emergency
operations plans adopted under Section 37.108. The cycle must
provide for each district's plan to be reviewed at least once every
three years.
(b) A school district or public junior college district
shall submit its multihazard emergency operations plan to the
center on request of the center and in accordance with the center's
review cycle developed under Subsection (a).
(c) The center shall review each district's multihazard
emergency operations plan submitted under Subsection (b) and:
(1) approve the plan; or
(2) provide the district with written notice:
(A) describing the plan's deficiencies; and
(B) stating that the district must correct the
deficiencies in its plan and resubmit the revised plan to the
center.
(d) If a district fails to submit its multihazard emergency
operations plan to the center for review, the center shall provide
the district with written notice stating that the district:
(1) has failed to submit a plan; and
(2) must submit a plan to the center for approval.
(e) The center may approve a district multihazard emergency
operations plan that has deficiencies if the district submits a
revised plan that the center determines will correct the
deficiencies.
(f) If three months after the date of initial notification
of a plan's deficiencies under Subsection (c)(2) or failure to
submit a plan under Subsection (d) a district has not corrected the
plan deficiencies or has failed to submit a plan, the center shall
provide written notice to the district and agency that the district
has not complied with the requirements of this section and must
comply immediately.
(g) If a school district still has not corrected the plan
deficiencies or has failed to submit a plan six months after the
date of initial notification under Subsection (c)(2) or (d), the
center shall provide written notice to the school district stating
that the district must hold a public hearing under Section 37.1081.
(h) If a school district has failed to submit a plan, the
notice required by Subsection (g) must state that the commissioner
is authorized to appoint a conservator under Section 37.1082.
(i) Any document or information collected, developed, or
produced during the review and approval of multihazard emergency
operations plans under this section is not subject to disclosure
under Chapter 552, Government Code.
SECTION 9. Section 37.2091(d), Education Code, is amended
to read as follows:
(d) The center shall verify the information provided by a
person under Subsection (c) to confirm [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 and
[or] ability to provide school safety or security consulting
services before adding the person to the registry [or that the
center endorses the person's school safety or security consulting
services].
SECTION 10. Section 45.001(a), Education Code, is amended
to read as follows:
(a) The governing board of an independent school district,
including the city council or commission that has jurisdiction over
a municipally controlled independent school district, the
governing board of a rural high school district, and the
commissioners court of a county, on behalf of each common school
district under its jurisdiction, may:
(1) issue bonds for:
(A) the construction, acquisition, and equipment
of school buildings in the district;
(B) the acquisition of property or the
refinancing of property financed under a contract entered under
Subchapter A, Chapter 271, Local Government Code, regardless of
whether payment obligations under the contract are due in the
current year or a future year;
(C) the purchase of the necessary sites for
school buildings; [and]
(D) the purchase of new school buses;
(E) the retrofitting of school buses with
emergency, safety, or security equipment; and
(F) the purchase or retrofitting of vehicles to
be used for emergency, safety, or security purposes; and
(2) [may] levy, pledge, assess, and collect annual ad
valorem taxes sufficient to pay the principal of and interest on the
bonds as or before the principal and interest become due, subject to
Section 45.003.
SECTION 11. Not later than January 1, 2020:
(1) the Texas School Safety Center shall:
(A) develop a list of best practices for ensuring
the safety of public school students receiving instruction in
portable buildings; and
(B) provide information regarding the list of
best practices to school districts using portable buildings for
student instruction;
(2) the commissioner of education shall adopt or amend
rules as required by Section 7.061, Education Code, as added by this
Act; and
(3) the commissioner of education, in consultation
with the Texas School Safety Center and the state fire marshal,
shall adopt rules as required by Section 37.114, Education Code, as
added by this Act.
SECTION 12. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 13. 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.