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Texas House Bill HB3290

Texas 2019 - 86th Regular

Texas House Bill HB3290 Compare Versions

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1-86R20095 JES/MEW-F
21 By: Toth H.B. No. 3290
3- Substitute the following for H.B. No. 3290:
4- By: Ashby C.S.H.B. No. 3290
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the adoption of special threat response policies by
10- school districts and special threat response policies and protocols
11- by law enforcement agencies with jurisdiction in school districts
12- and of standard terminology for special threat response by the
13- Texas Education Agency.
6+ relating to establishing public school campus special threat
7+ response plans.
148 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15- SECTION 1. Chapter 2, Code of Criminal Procedure, is
16- amended by adding Article 2.34 to read as follows:
17- Art. 2.34. CAMPUS SPECIAL THREAT RESPONSE PROTOCOLS AND
18- POLICY. (a) Each law enforcement agency in this state with
19- jurisdiction in a school district shall, in collaboration with the
20- school district and all other local law enforcement agencies with
21- jurisdiction in the district, establish protocols for responding to
22- a special threat on a district campus.
23- (b) The protocols established under Subsection (a) must:
24- (1) take into consideration the school district's
25- special threat response policy adopted under Section 37.1081,
26- Education Code; and
27- (2) include provisions for the first officer arriving
28- at the scene to immediately:
9+ SECTION 1. Section 37.108, Education Code, is amended by
10+ amending Subsection (a) and adding Subsections (f) and (g) to read
11+ as follows:
12+ Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
13+ AND SECURITY AUDIT (a) Each school district or public junior
14+ college district shall adopt and implement a multihazard emergency
15+ operations plan for use in the district's facilities using uniform
16+ nomenclature found in the standard response protocol. The plan must
17+ address mitigation, preparedness, response, and recovery as
18+ defined by the commissioner of education or commissioner of higher
19+ education in conjunction with the governor's office of homeland
20+ security. The plan must provide for:
21+ (1) district employee training in responding to an
22+ emergency;
23+ (2) if the plan applies to a school district,
24+ mandatory school drills and exercises to prepare district students
25+ and employees for responding to an emergency;
26+ (3) measures to ensure coordination with the
27+ Department of State Health Services, [and] local emergency
28+ management agencies, and emergency services agencies [law
29+ enforcement, health departments, and fire departments] in the event
30+ of an emergency; and
31+ (4) the implementation of a safety and security audit
32+ as required by Subsection (b).
33+ (f) A school district, in coordination with emergency
34+ services agencies, shall include in its multihazard emergency
35+ operations plan a special threat response policy as described in
36+ Section 37.1081.
37+ (g) In this section "emergency services agency" includes a
38+ law enforcement agency, a school security department, a health
39+ department, an emergency medical services provider, and a fire
40+ department.
41+ SECTION 2. Subchapter D, Chapter 37, Education Code, is
42+ amended by 37.1081 to read as follows:
43+ Sec. 37.1081. CAMPUS SPECIAL THREAT RESPONSE POLICY. (a)
44+ Each school district shall coordinate with each emergency services
45+ agency serving the school district to:
46+ (1) establish a policy using uniform nomenclature
47+ found in the standard response protocol to be included in each
48+ school district's multihazard emergency operations plan as
49+ described by Sec. 37.108 for coordinating with emergency services
50+ agencies when responding to a special threat on the campus of a
51+ school;
52+ (2) annually:
53+ (A) during the regular school year conduct an
54+ special threat drill with emergency services agencies, students,
55+ and school employees, including substitute teachers, in accordance
56+ with the policy; and
57+ (B) review and, if necessary, revise the policy;
58+ and
59+ (3) not later than August 1 of each year, submit the
60+ policy to the commissioner and the director of public safety.
61+ (b) The response policy established under Subsection (a)(1)
62+ must:
63+ (1) include protocols for the first law enforcement
64+ officer arriving at the scene to immediately:
2965 (A) enter the premises where the emergency is
3066 occurring;
3167 (B) identify and evaluate the threat; and
3268 (C) take action to eliminate the threat, if
3369 feasible, or contain the threat to prevent further injuries and
3470 protect the public while additional law enforcement officers are
35- summoned.
36- (c) Each local law enforcement agency with jurisdiction in a
37- school district and the school district must consent to the
38- protocols established under Subsection (a). A local law
39- enforcement agency may not unreasonably withhold the agency's
40- consent.
41- (d) Each local law enforcement agency in this state with
42- jurisdiction in a school district shall adopt a campus special
43- threat response policy for each school district in which the agency
44- has jurisdiction that:
45- (1) incorporates the protocols established under
46- Subsection (a);
47- (2) takes into consideration the school district's
48- special threat response policy adopted under Section 37.1081,
49- Education Code; and
50- (3) includes any additional information necessary for
51- the agency to perform the agency's duties in response to a special
52- threat on each school district campus.
53- (e) Not later than July 1 of each year, a law enforcement
54- agency with jurisdiction in a school district must submit the
55- agency's campus special threat response protocols and policy to the
56- Department of Public Safety.
57- (f) The Department of Public Safety shall adopt rules and
58- procedures to annually certify a local law enforcement agency's
59- compliance with this article.
60- SECTION 2. Section 37.108, Education Code, is amended by
61- adding Subsections (j) and (k) to read as follows:
62- (j) A school district shall include in the district's
63- multihazard emergency operations plan a copy of the district's
64- special threat response policy adopted under Section 37.1081.
65- (k) In each school district's multihazard emergency
66- operations plan the district shall, if appropriate, use the
67- standard terminology for special threat response established under
68- Section 37.1082.
69- SECTION 3. Subchapter D, Chapter 37, Education Code, is
70- amended by adding Sections 37.1081 and 37.1082 to read as follows:
71- Sec. 37.1081. SPECIAL THREAT RESPONSE POLICY. (a) Each
72- school district shall adopt a special threat response policy for
73- responding to a special threat on each district campus. The policy
74- must:
75- (1) be created in coordination with each local law
76- enforcement agency and other first responders with jurisdiction in
77- the district;
78- (2) use the standard terminology for special threat
79- response established under Section 37.1082;
80- (3) at least once during each school year, require a
81- special threat response drill to be conducted at each district
82- campus that includes students, school personnel, including
83- substitute teachers, and each local law enforcement agency and
84- first responders with jurisdiction in the district;
85- (4) include copies of the campus special threat
86- response protocols and policies adopted by each local law
87- enforcement agency with jurisdiction in the district under Article
88- 2.34, Code of Criminal Procedure;
89- (5) provide for the annual review and, if necessary,
90- revision of the policy; and
91- (6) be submitted annually to the agency for
92- certification in accordance with agency rule.
93- (b) Each school district shall annually provide copies of
94- the district's special threat response policy to local hospitals,
95- emergency medical services providers, fire departments, emergency
96- management agencies, and any other entities that may be involved in
97- responding to a special threat at a school district campus.
98- (c) The commissioner shall adopt rules to implement this
99- section, including rules requiring each school district to annually
100- submit the district's special threat response policy to the agency
101- for certification of the district's compliance with this section.
102- Sec. 37.1082. STANDARD TERMINOLOGY FOR SPECIAL THREAT
103- RESPONSE. (a) The commissioner shall adopt rules establishing
104- standard terminology for special threat response to be used by
105- school districts when developing or adopting rules, policies, or
106- procedures for responding to a special threat at a school district
107- campus. The standard terminology established must be consistent
108- with the terminology used in the standard response protocol
109- promulgated by The I Love U Guys Foundation, if possible, or another
110- nationally recognized standard protocol for special threat
111- response.
112- (b) A school district must use the standard terminology for
113- special threat response established by the commissioner in the
114- district's special threat response policy and multihazard
115- emergency operations plan, in mandatory special threat response
116- drills, on posted signs, and in any other district policies
117- regarding school safety.
118- SECTION 4. (a) As soon as practicable after the effective
71+ summoned; and
72+ (2) must be consented to by each emergency services
73+ agency serving the school district, which consent may not be
74+ unreasonably withheld.
75+ (c) Each emergency services agency serving a school
76+ district shall adopt a response policy incorporating the policy
77+ established under Subsection (a)(1) and include any additional
78+ information necessary for the emergency services district to
79+ perform its duties under a school district's response policy.
80+ (d) Rules and procedures shall be adopted by:
81+ (1) the commissioner for the annual certification of a
82+ school district's plan established under Subsection (a)(1); and
83+ (2) the director of public safety for the annual
84+ certification of an emergency service agency's plan established
85+ under Subsection (c).
86+ (d) In this section "emergency services agency" has the
87+ meaning assigned by Section 37.108(g).
88+ SECTION 3. (a) As soon as practicable after the effective
11989 date of this Act:
120- (1) each law enforcement agency with jurisdiction in a
121- school district shall establish the campus special threat response
122- protocols and policy required by Article 2.34, Code of Criminal
123- Procedure, as added by this Act;
124- (2) the Department of Public Safety shall adopt the
125- rules and procedures required by Article 2.34(f), Code of Criminal
126- Procedure, as added by this Act;
127- (3) each school district shall adopt the special
128- threat response policy required by Section 37.1081, Education Code,
129- as added by this Act; and
130- (4) the commissioner of education shall adopt the
131- rules required by Sections 37.1081(c) and 37.1082(a), Education
132- Code, as added by this Act.
133- (b) Not later than July 1, 2020, each law enforcement agency
134- shall submit the agency's initial campus special threat response
135- protocols and policy to the Department of Public Safety, as
136- required by Article 2.34(e), Code of Criminal Procedure, as added
137- by this Act.
138- (c) Not later than the first day of the 2020-2021 school
139- year, each school district shall submit the district's special
140- threat response policy to the Texas Education Agency, as required
141- by Section 37.1081(a)(6), Education Code, as added by this Act.
142- SECTION 5. This Act takes effect immediately if it receives
90+ (1) each school district and each emergency services
91+ agency shall establish the policy required by Section 37.1081,
92+ Education Code, as added by this Act; and
93+ (2) the Commissioner of Education and the Director of
94+ Public Safety shall adopt the rules and procedures required by
95+ Section 37.1081, Education Code, as added by this Act.
96+ (b) Not later than August 1, 2020, each school district and
97+ emergency services agency shall submit the initial policies to the
98+ Commissioner of Education and the Director of Public Safety, as
99+ required by Section 37.1081, Education Code, as added by this Act.
100+ SECTION 4. This Act takes effect immediately if it receives
143101 a vote of two-thirds of all the members elected to each house, as
144102 provided by Section 39, Article III, Texas Constitution. If this
145103 Act does not receive the vote necessary for immediate effect, this
146104 Act takes effect September 1, 2019.