Texas 2019 - 86th Regular

Texas House Bill HB3470 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R21930~~ TSS-F
	1	+	86R11958 TSS-F
2	2		By: Allen H.B. No. 3470
3		-	Substitute the following for H.B. No. 3470:
4		-	By: Bernal C.S.H.B. No. 3470
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the duties of school district peace officers, school
10	8		resource officers, and security personnel.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 30.052(l), Education Code, is amended to
13	11		read as follows:
14	12		(l) The governing board of the Texas School for the Deaf may
15	13		employ security personnel, enter into a memorandum of understanding
16	14		with a local law enforcement agency for the provision of school
17	15		resource officers, and [may] commission peace officers in the same
18	16		manner as a board of trustees of a school district under Section
19	17		37.081.
20	18		SECTION 2. The heading to Section 37.081, Education Code,
21	19		is amended to read as follows:
22	20		Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL
23	21		RESOURCE OFFICERS, AND SECURITY PERSONNEL.
24	22		SECTION 3. Section 37.081, Education Code, is amended by
25	23		amending Subsections (a) and (d) and adding Subsections (d-1),
26	24		(d-2), and (d-3) to read as follows:
27	25		(a) The board of trustees of any school district may employ
28	26		security personnel, enter into a memorandum of understanding with a
29	27		local law enforcement agency for the provision of school resource
30	28		officers, and [may] commission peace officers to carry out this
31	29		subchapter. If a board of trustees authorizes a person employed as
32	30		security personnel to carry a weapon, the person must be a
33	31		commissioned peace officer. The jurisdiction of a peace officer, a
34	32		school resource officer, or security personnel under this section
35	33		shall be determined by the board of trustees and may include all
36	34		territory in the boundaries of the school district and all property
37	35		outside the boundaries of the district that is owned, leased, or
38	36		rented by or otherwise under the control of the school district and
39	37		the board of trustees that employ the peace officer or security
40	38		personnel or that enter into a memorandum of understanding for the
41	39		provision of a school resource officer.
42	40		(d) The [A school district peace officer shall perform law
43	41		enforcement duties for the school district as determined by the]
44	42		board of trustees of the school district shall determine the law
45	43		enforcement duties of peace officers, school resource officers, and
46	44		security personnel. The duties must be included in:
47	45		(1) the district improvement plan under Section
48	46		11.252;
49	47		(2) the student code of conduct adopted under Section
50	48		37.001;
51	49		(3) any memorandum of understanding providing for a
52	50		school resource officer; and
53	51		(4) any other campus or district document describing
54	52		the role of peace officers, school resource officers, or security
55	53		personnel in the district.
56	54		(d-1) A school district peace officer, a school resource
57	55		officer, and security personnel shall perform law enforcement
58	56		duties for the school district that [Those duties] must include
59	57		protecting:
60	58		(1) the safety and welfare of any person in the
61	59		jurisdiction of the peace officer, resource officer, or security
62	60		personnel; and
63	61		(2) the property of the school district.
64	62		(d-2) A school district may not assign or require as duties
65	63		of a school district peace officer, a school resource officer, or
66		-	security personnel routine student discipline or school
67		-	administrative tasks.
	64	+	security personnel:
	65	+	(1) routine student discipline or school
	66	+	administrative tasks; or
	67	+	(2) contact with students unrelated to the law
	68	+	enforcement duties of the peace officer, resource officer, or
	69	+	security personnel.
68	70		(d-3) In determining the law enforcement duties under
69	71		Subsection (d), the board of trustees of the school district shall
70	72		coordinate with district campus behavior coordinators and other
71	73		district employees to ensure that school district peace officers,
72	74		school resource officers, and security personnel are tasked only
73	75		with duties related to law enforcement intervention and not tasked
74	76		with behavioral or administrative duties better addressed by other
75	77		district employees.
76	78		SECTION 4. This Act takes effect immediately if it receives
77	79		a vote of two-thirds of all the members elected to each house, as
78	80		provided by Section 39, Article III, Texas Constitution. If this
79	81		Act does not receive the vote necessary for immediate effect, this
80	82		Act takes effect September 1, 2019.