86R20095 JES/MEW-F
By: Toth H.B. No. 3290
Substitute the following for H.B. No. 3290:
By: Ashby C.S.H.B. No. 3290
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of special threat response policies by
school districts and special threat response policies and protocols
by law enforcement agencies with jurisdiction in school districts
and of standard terminology for special threat response by the
Texas Education Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.34 to read as follows:
Art. 2.34. CAMPUS SPECIAL THREAT RESPONSE PROTOCOLS AND
POLICY. (a) Each law enforcement agency in this state with
jurisdiction in a school district shall, in collaboration with the
school district and all other local law enforcement agencies with
jurisdiction in the district, establish protocols for responding to
a special threat on a district campus.
(b) The protocols established under Subsection (a) must:
(1) take into consideration the school district's
special threat response policy adopted under Section 37.1081,
Education Code; and
(2) include provisions for the first officer arriving
at the scene to immediately:
(A) enter the premises where the emergency is
occurring;
(B) identify and evaluate the threat; and
(C) 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) Each local law enforcement agency with jurisdiction in a
school district and the school district must consent to the
protocols established under Subsection (a). A local law
enforcement agency may not unreasonably withhold the agency's
consent.
(d) Each local law enforcement agency in this state with
jurisdiction in a school district shall adopt a campus special
threat response policy for each school district in which the agency
has jurisdiction that:
(1) incorporates the protocols established under
Subsection (a);
(2) takes into consideration the school district's
special threat response policy adopted under Section 37.1081,
Education Code; and
(3) includes any additional information necessary for
the agency to perform the agency's duties in response to a special
threat on each school district campus.
(e) Not later than July 1 of each year, a law enforcement
agency with jurisdiction in a school district must submit the
agency's campus special threat response protocols and policy to the
Department of Public Safety.
(f) The Department of Public Safety shall adopt rules and
procedures to annually certify a local law enforcement agency's
compliance with this article.
SECTION 2. Section 37.108, Education Code, is amended by
adding Subsections (j) and (k) to read as follows:
(j) A school district shall include in the district's
multihazard emergency operations plan a copy of the district's
special threat response policy adopted under Section 37.1081.
(k) In each school district's multihazard emergency
operations plan the district shall, if appropriate, use the
standard terminology for special threat response established under
Section 37.1082.
SECTION 3. Subchapter D, Chapter 37, Education Code, is
amended by adding Sections 37.1081 and 37.1082 to read as follows:
Sec. 37.1081. SPECIAL THREAT RESPONSE POLICY. (a) Each
school district shall adopt a special threat response policy for
responding to a special threat on each district campus. The policy
must:
(1) be created in coordination with each local law
enforcement agency and other first responders with jurisdiction in
the district;
(2) use the standard terminology for special threat
response established under Section 37.1082;
(3) at least once during each school year, require a
special threat response drill to be conducted at each district
campus that includes students, school personnel, including
substitute teachers, and each local law enforcement agency and
first responders with jurisdiction in the district;
(4) include copies of the campus special threat
response protocols and policies adopted by each local law
enforcement agency with jurisdiction in the district under Article
2.34, Code of Criminal Procedure;
(5) provide for the annual review and, if necessary,
revision of the policy; and
(6) be submitted annually to the agency for
certification in accordance with agency rule.
(b) Each school district shall annually provide copies of
the district's special threat response policy to local hospitals,
emergency medical services providers, fire departments, emergency
management agencies, and any other entities that may be involved in
responding to a special threat at a school district campus.
(c) The commissioner shall adopt rules to implement this
section, including rules requiring each school district to annually
submit the district's special threat response policy to the agency
for certification of the district's compliance with this section.
Sec. 37.1082. STANDARD TERMINOLOGY FOR SPECIAL THREAT
RESPONSE. (a) The commissioner shall adopt rules establishing
standard terminology for special threat response to be used by
school districts when developing or adopting rules, policies, or
procedures for responding to a special threat at a school district
campus. The standard terminology established must be consistent
with the terminology used in the standard response protocol
promulgated by The I Love U Guys Foundation, if possible, or another
nationally recognized standard protocol for special threat
response.
(b) A school district must use the standard terminology for
special threat response established by the commissioner in the
district's special threat response policy and multihazard
emergency operations plan, in mandatory special threat response
drills, on posted signs, and in any other district policies
regarding school safety.
SECTION 4. (a) As soon as practicable after the effective
date of this Act:
(1) each law enforcement agency with jurisdiction in a
school district shall establish the campus special threat response
protocols and policy required by Article 2.34, Code of Criminal
Procedure, as added by this Act;
(2) the Department of Public Safety shall adopt the
rules and procedures required by Article 2.34(f), Code of Criminal
Procedure, as added by this Act;
(3) each school district shall adopt the special
threat response policy required by Section 37.1081, Education Code,
as added by this Act; and
(4) the commissioner of education shall adopt the
rules required by Sections 37.1081(c) and 37.1082(a), Education
Code, as added by this Act.
(b) Not later than July 1, 2020, each law enforcement agency
shall submit the agency's initial campus special threat response
protocols and policy to the Department of Public Safety, as
required by Article 2.34(e), Code of Criminal Procedure, as added
by this Act.
(c) Not later than the first day of the 2020-2021 school
year, each school district shall submit the district's special
threat response policy to the Texas Education Agency, as required
by Section 37.1081(a)(6), Education Code, as added by this Act.
SECTION 5. 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.