Texas 2019 - 86th Regular

Texas Senate Bill SB11 Compare Versions

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1-S.B. No. 11
1+86R30819 JES/JG-F
2+ By: Taylor, et al. S.B. No. 11
3+ (Bonnen of Galveston, Huberty, Metcalf, Thierry,
4+ Price, et al.)
25
36
7+ A BILL TO BE ENTITLED
48 AN ACT
59 relating to policies, procedures, and measures for school safety
6- and mental health promotion in public schools and the creation of
7- the Texas Child Mental Health Care Consortium.
10+ and mental health promotion in public schools.
811 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
912 SECTION 1. Subchapter C, Chapter 7, Education Code, is
1013 amended by adding Section 7.061 to read as follows:
1114 Sec. 7.061. FACILITIES STANDARDS. (a) In this section,
1215 "instructional facility" has the meaning assigned by Section
1316 46.001.
1417 (b) The commissioner shall adopt or amend rules as necessary
1518 to ensure that building standards for instructional facilities and
1619 other school district and open-enrollment charter school
1720 facilities provide a secure and safe environment. In adopting or
1821 amending rules under this section, the commissioner shall include
1922 the use of best practices for:
2023 (1) the design and construction of new facilities; and
2124 (2) the improvement, renovation, and retrofitting of
2225 existing facilities.
2326 (c) Not later than September 1 of each even-numbered year,
2427 the commissioner shall review all rules adopted or amended under
2528 this section and amend the rules as necessary to ensure that
2629 building standards for school district and open-enrollment charter
2730 school facilities continue to provide a secure and safe
2831 environment.
29- SECTION 2. Section 11.252(a), Education Code, is amended to
32+ SECTION 2. Chapter 8, Education Code, is amended by adding
33+ Subchapter E to read as follows:
34+ SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR
35+ SCHOOL DISTRICT PERSONNEL
36+ Sec. 8.151. DEFINITIONS. In this subchapter, "local mental
37+ health authority" and "non-physician mental health professional"
38+ have the meanings assigned by Section 571.003, Health and Safety
39+ Code.
40+ Sec. 8.152. EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
41+ PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A
42+ local mental health authority shall employ a non-physician mental
43+ health professional to serve as a mental health and substance use
44+ resource for school districts located in the region served by a
45+ regional education service center and in which the local mental
46+ health authority provides services. In making a hiring decision
47+ under this section, the local mental health authority shall consult
48+ with the regional education service center.
49+ (b) If two or more local mental health authorities provide
50+ services in a region served by a regional education service center,
51+ the local mental health authority that primarily operates in the
52+ county in which the center is located shall employ the
53+ non-physician mental health professional and, in making any hiring
54+ decision, consult with other local mental health authorities and
55+ the regional education service center providing services in that
56+ region.
57+ Sec. 8.153. INTERAGENCY COLLABORATION; MEMORANDUM OF
58+ UNDERSTANDING. (a) A local mental health authority that employs a
59+ non-physician mental health professional under Section 8.152 and
60+ the regional education service center shall collaborate in carrying
61+ out this subchapter.
62+ (b) Each regional education service center shall provide
63+ for a non-physician mental health professional employed for the
64+ region served by the center with a space for the professional to
65+ carry out the professional's duties under Section 8.155. The local
66+ mental health authority that employs the professional shall pay the
67+ center a reasonable negotiated cost recovery fee for providing the
68+ space and administrative support outlined in the memorandum of
69+ understanding under Subsection (c). The fee may not exceed $15,000
70+ unless a larger fee is agreed to by the local mental health
71+ authority and center.
72+ (c) A local mental health authority and a regional education
73+ service center shall enter into a memorandum of understanding for
74+ the administration of this section.
75+ Sec. 8.154. SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
76+ PROFESSIONAL. The local mental health authority that employs a
77+ non-physician mental health professional under Section 8.152
78+ shall:
79+ (1) supervise the professional in carrying out the
80+ professional's duties under Section 8.155; and
81+ (2) consult with any other local mental health
82+ authorities in the region and the regional education service center
83+ in supervising the professional and seek input from the center
84+ regarding the professional's performance.
85+ Sec. 8.155. DUTIES OF NON-PHYSICIAN MENTAL HEALTH
86+ PROFESSIONAL. (a) A non-physician mental health professional
87+ employed under Section 8.152 shall collaborate with the regional
88+ education service center that focuses on mental health initiatives
89+ and act as a resource for the regional education service center and
90+ school district personnel by:
91+ (1) helping personnel gain awareness and a better
92+ understanding of mental health and co-occurring mental health and
93+ substance use disorders;
94+ (2) assisting personnel to implement initiatives
95+ related to mental health or substance use under:
96+ (A) state law;
97+ (B) rules adopted by a state agency;
98+ (C) interagency memoranda of understanding; or
99+ (D) programs related to the state law, rules, or
100+ memoranda of understanding;
101+ (3) ensuring personnel are aware of:
102+ (A) the list of recommended best practice-based
103+ programs and research-based practices developed under Section
104+ 161.325, Health and Safety Code;
105+ (B) other public and private mental health and
106+ substance use prevention, treatment, and recovery programs
107+ available in the school district, including evidence-based
108+ programs provided by a local mental health authority and other
109+ public or private mental health providers; and
110+ (C) other resources available from the Health and
111+ Human Services Commission to support school districts, students, or
112+ students' families;
113+ (4) on a monthly basis, facilitating mental health
114+ first aid training;
115+ (5) on a monthly basis, facilitating training
116+ regarding the effects of grief and trauma and providing support to
117+ children with intellectual or developmental disabilities who
118+ suffer from grief or trauma; and
119+ (6) on a monthly basis, facilitating training on
120+ prevention and intervention programs that have been shown to be
121+ effective in helping students cope with pressures to:
122+ (A) use alcohol, cigarettes, or illegal drugs; or
123+ (B) misuse prescription drugs.
124+ (b) A non-physician mental health professional employed
125+ under Section 8.152 may not treat or provide counseling to a student
126+ or provide specific advice to school district personnel regarding a
127+ student.
128+ Sec. 8.156. PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
129+ This subchapter does not require a school district to participate
130+ in training provided by a non-physician mental health professional
131+ or otherwise use the professional as a resource.
132+ Sec. 8.157. DISTRIBUTION OF FUNDING. A state agency to
133+ which money is appropriated to carry out this subchapter shall
134+ ensure that the money is distributed equally among the local mental
135+ health authorities that employ and supervise non-physician mental
136+ health professionals under this subchapter.
137+ Sec. 8.158. REPORT. (a) Before the last business day of
138+ each calendar year, each local mental health authority that employs
139+ and supervises a non-physician mental health professional under
140+ this subchapter shall prepare and submit a report to the Health and
141+ Human Services Commission regarding the outcomes for school
142+ districts and students resulting from services provided by the
143+ non-physician mental health professional.
144+ (b) Not later than January 31 of the following calendar
145+ year, the Health and Human Services Commission shall compile the
146+ information submitted under this section and prepare and provide a
147+ preliminary report to the agency for review and input. After
148+ receiving the agency's recommendations on the preliminary report,
149+ the commission shall prepare and submit a final report to the
150+ agency, the lieutenant governor, the speaker of the house of
151+ representatives, each standing committee of the legislature having
152+ primary jurisdiction over mental health, and each standing
153+ committee of the legislature having primary jurisdiction over
154+ public education.
155+ SECTION 3. Section 11.252(a), Education Code, is amended to
30156 read as follows:
31157 (a) Each school district shall have a district improvement
32158 plan that is developed, evaluated, and revised annually, in
33159 accordance with district policy, by the superintendent with the
34160 assistance of the district-level committee established under
35161 Section 11.251. The purpose of the district improvement plan is to
36162 guide district and campus staff in the improvement of student
37163 performance for all student groups in order to attain state
38164 standards in respect to the achievement indicators adopted under
39165 Section 39.053(c). The district improvement plan must include
40166 provisions for:
41167 (1) a comprehensive needs assessment addressing
42168 district student performance on the achievement indicators, and
43169 other appropriate measures of performance, that are disaggregated
44170 by all student groups served by the district, including categories
45171 of ethnicity, socioeconomic status, sex, and populations served by
46172 special programs, including students in special education programs
47173 under Subchapter A, Chapter 29;
48174 (2) measurable district performance objectives for
49175 all appropriate achievement indicators for all student
50176 populations, including students in special education programs
51177 under Subchapter A, Chapter 29, and other measures of student
52178 performance that may be identified through the comprehensive needs
53179 assessment;
54180 (3) strategies for improvement of student performance
55181 that include:
56182 (A) instructional methods for addressing the
57183 needs of student groups not achieving their full potential;
58184 (B) methods for addressing the needs of students
59185 for special programs, including:
60186 (i) suicide prevention programs, in
61187 accordance with Subchapter O-1, Chapter 161, Health and Safety
62188 Code, which includes a parental or guardian notification procedure;
63189 (ii) conflict resolution programs;
64190 (iii) violence prevention programs; and
65191 (iv) dyslexia treatment programs;
66192 (C) dropout reduction;
67193 (D) integration of technology in instructional
68194 and administrative programs;
69195 (E) discipline management;
70196 (F) staff development for professional staff of
71197 the district;
72198 (G) career education to assist students in
73199 developing the knowledge, skills, and competencies necessary for a
74200 broad range of career opportunities; and
75201 (H) accelerated education;
76202 (4) strategies for providing to middle school, junior
77203 high school, and high school students, those students' teachers and
78204 school counselors, and those students' parents information about:
79205 (A) higher education admissions and financial
80206 aid opportunities;
81207 (B) the TEXAS grant program and the Teach for
82208 Texas grant program established under Chapter 56;
83209 (C) the need for students to make informed
84210 curriculum choices to be prepared for success beyond high school;
85211 and
86212 (D) sources of information on higher education
87213 admissions and financial aid;
88214 (5) resources needed to implement identified
89215 strategies;
90216 (6) staff responsible for ensuring the accomplishment
91217 of each strategy;
92218 (7) timelines for ongoing monitoring of the
93219 implementation of each improvement strategy;
94220 (8) formative evaluation criteria for determining
95221 periodically whether strategies are resulting in intended
96222 improvement of student performance; [and]
97223 (9) the policy under Section 38.0041 addressing sexual
98224 abuse and other maltreatment of children; and
99225 (10) the trauma-informed care policy required under
100226 Section 38.036.
101- SECTION 3. Section 12.104(b), Education Code, as amended by
227+ SECTION 4. Section 12.104(b), Education Code, as amended by
102228 Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
103229 of the 85th Legislature, Regular Session, 2017, is reenacted and
104230 amended to read as follows:
105231 (b) An open-enrollment charter school is subject to:
106232 (1) a provision of this title establishing a criminal
107233 offense; and
108234 (2) a prohibition, restriction, or requirement, as
109235 applicable, imposed by this title or a rule adopted under this
110236 title, relating to:
111237 (A) the Public Education Information Management
112238 System (PEIMS) to the extent necessary to monitor compliance with
113239 this subchapter as determined by the commissioner;
114240 (B) criminal history records under Subchapter C,
115241 Chapter 22;
116242 (C) reading instruments and accelerated reading
117243 instruction programs under Section 28.006;
118244 (D) accelerated instruction under Section
119245 28.0211;
120246 (E) high school graduation requirements under
121247 Section 28.025;
122248 (F) special education programs under Subchapter
123249 A, Chapter 29;
124250 (G) bilingual education under Subchapter B,
125251 Chapter 29;
126252 (H) prekindergarten programs under Subchapter E
127253 or E-1, Chapter 29;
128254 (I) extracurricular activities under Section
129255 33.081;
130256 (J) discipline management practices or behavior
131257 management techniques under Section 37.0021;
132258 (K) health and safety under Chapter 38;
133259 (L) public school accountability under
134260 Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
135261 (M) the requirement under Section 21.006 to
136262 report an educator's misconduct;
137263 (N) intensive programs of instruction under
138264 Section 28.0213;
139265 (O) the right of a school employee to report a
140266 crime, as provided by Section 37.148; [and]
141267 (P) bullying prevention policies and procedures
142268 under Section 37.0832;
143269 (Q) the right of a school under Section 37.0052
144270 to place a student who has engaged in certain bullying behavior in a
145271 disciplinary alternative education program or to expel the student;
146272 [and]
147273 (R) the right under Section 37.0151 to report to
148274 local law enforcement certain conduct constituting assault or
149275 harassment;
150276 (S) [(P)] a parent's right to information
151277 regarding the provision of assistance for learning difficulties to
152278 the parent's child as provided by Sections 26.004(b)(11) and
153- 26.0081(c) and (d); and
154- (T) school safety requirements under Sections
279+ 26.0081(c) and (d);
280+ (T) healthy relationships education under
281+ Section 28.004(q); and
282+ (U) school safety requirements under Sections
155283 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, 37.207,
156284 and 37.2071.
157- SECTION 4. Sections 21.054(d) and (d-2), Education Code,
285+ SECTION 5. Sections 21.054(d) and (d-2), Education Code,
158286 are amended to read as follows:
159287 (d) Continuing education requirements for a classroom
160288 teacher must provide that not more than 25 percent of the training
161289 required every five years include instruction regarding:
162290 (1) collecting and analyzing information that will
163291 improve effectiveness in the classroom;
164292 (2) recognizing early warning indicators that a
165293 student may be at risk of dropping out of school;
166294 (3) digital learning, digital teaching, and
167295 integrating technology into classroom instruction;
168296 (4) educating diverse student populations, including:
169297 (A) students with disabilities, including mental
170298 health disorders;
171299 (B) students who are educationally
172300 disadvantaged;
173301 (C) students of limited English proficiency; and
174302 (D) students at risk of dropping out of school;
175303 [and]
176304 (5) understanding appropriate relationships,
177305 boundaries, and communications between educators and students;
178306 and[.]
179307 (6) [(d-2) Continuing education requirements for a
180308 classroom teacher may include instruction regarding] how grief and
181309 trauma affect student learning and behavior and how evidence-based,
182310 grief-informed, and trauma-informed strategies support the
183311 academic success of students affected by grief and trauma.
184312 (d-2) The instruction required under Subsection (d)(6)
185313 must:
186314 (1) comply with the training required by Section
187315 38.036(c)(1); and
188316 (2) be approved by the commissioner.
189- SECTION 5. Section 25.081(a), Education Code, is amended to
317+ SECTION 6. Section 25.081(a), Education Code, is amended to
190318 read as follows:
191319 (a) Except as authorized under Subsection (b) of this
192320 section, Section 25.0815, Section 25.084, or Section 29.0821, for
193321 each school year each school district must operate for at least
194322 75,600 minutes, including time allocated for instruction,
195323 intermissions, and recesses for students.
196- SECTION 6. Subchapter C, Chapter 25, Education Code, is
324+ SECTION 7. Subchapter C, Chapter 25, Education Code, is
197325 amended by adding Section 25.0815 to read as follows:
198326 Sec. 25.0815. OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR
199327 SCHOOL SAFETY TRAINING. (a) The commissioner shall provide a
200328 waiver allowing for fewer minutes of operation and instructional
201329 time than required under Section 25.081(a) for a school district
202330 that requires each educator employed by the district to attend an
203331 approved school safety training course.
204332 (b) A waiver under this section:
205333 (1) must allow sufficient time for the school
206334 district's educators to attend the school safety training course;
207335 and
208336 (2) may not:
209337 (A) result in an inadequate number of minutes of
210338 instructional time for students; or
211339 (B) reduce the number of minutes of operation and
212340 instructional time by more than 420 minutes.
213341 (c) To be approved under this section, a school safety
214342 training course must apply to the Texas School Safety Center. The
215343 Texas School Safety Center may approve a training course if the
216344 course satisfies the training requirements as determined by the
217345 center.
218346 (d) The commissioner may adopt rules to implement this
219347 section.
220- SECTION 7. Section 28.002, Education Code, is amended by
221- amending Subsection (a) and adding Subsection (z) to read as
222- follows:
223- (a) Each school district that offers kindergarten through
224- grade 12 shall offer, as a required curriculum:
225- (1) a foundation curriculum that includes:
226- (A) English language arts;
227- (B) mathematics;
228- (C) science; and
229- (D) social studies, consisting of Texas, United
230- States, and world history, government, economics, with emphasis on
231- the free enterprise system and its benefits, and geography; and
232- (2) an enrichment curriculum that includes:
233- (A) to the extent possible, languages other than
234- English;
235- (B) health, with emphasis on:
236- (i) physical health, including the
237- importance of proper nutrition and exercise;
238- (ii) mental health, including instruction
239- about mental health conditions, substance abuse, skills to manage
240- emotions, establishing and maintaining positive relationships, and
241- responsible decision-making; and
242- (iii) suicide prevention, including
243- recognizing suicide-related risk factors and warning signs;
244- (C) physical education;
245- (D) fine arts;
246- (E) career and technology education;
247- (F) technology applications;
248- (G) religious literature, including the Hebrew
249- Scriptures (Old Testament) and New Testament, and its impact on
250- history and literature; and
251- (H) personal financial literacy.
348+ SECTION 8. Section 28.002, Education Code, is amended by
349+ adding Subsection (z) to read as follows:
252350 (z) The State Board of Education by rule shall require each
253351 school district to incorporate instruction in digital citizenship
254352 into the district's curriculum, including information regarding
255353 the potential criminal consequences of cyberbullying. In this
256354 subsection:
257355 (1) "Cyberbullying" has the meaning assigned by
258356 Section 37.0832.
259357 (2) "Digital citizenship" means the standards of
260358 appropriate, responsible, and healthy online behavior, including
261359 the ability to access, analyze, evaluate, create, and act on all
262360 forms of digital communication.
263- SECTION 8. Section 28.004, Education Code, is amended by
264- amending Subsection (c) and adding Subsection (o) to read as
265- follows:
361+ SECTION 9. Section 28.004, Education Code, is amended by
362+ amending Subsection (c) and adding Subsections (q) and (r) to read
363+ as follows:
266364 (c) The local school health advisory council's duties
267365 include recommending:
268366 (1) the number of hours of instruction to be provided
269367 in health education;
270368 (2) policies, procedures, strategies, and curriculum
271369 appropriate for specific grade levels designed to prevent obesity,
272370 cardiovascular disease, Type 2 diabetes, and mental health
273371 concerns, including suicide, through coordination of:
274372 (A) health education;
275373 (B) physical education and physical activity;
276374 (C) nutrition services;
277375 (D) parental involvement;
278376 (E) instruction to prevent the use of
279377 e-cigarettes, as defined by Section 161.081, Health and Safety
280378 Code, and tobacco;
281379 (F) school health services;
282380 (G) counseling and guidance services;
283381 (H) a safe and healthy school environment; and
284382 (I) school employee wellness;
285383 (3) appropriate grade levels and methods of
286- instruction for human sexuality instruction;
384+ instruction for human sexuality instruction and healthy
385+ relationships education;
287386 (4) strategies for integrating the curriculum
288387 components specified by Subdivision (2) with the following elements
289388 in a coordinated school health program for the district:
290389 (A) school health services;
291390 (B) counseling and guidance services;
292391 (C) a safe and healthy school environment; and
293392 (D) school employee wellness; [and]
294393 (5) if feasible, joint use agreements or strategies
295394 for collaboration between the school district and community
296395 organizations or agencies; and
297396 (6) strategies to increase parental awareness
298397 regarding:
299398 (A) risky behaviors and early warning signs of
300399 suicide risks and behavioral health concerns, including mental
301400 health disorders and substance use disorders; and
302401 (B) available community programs and services
303402 that address risky behaviors, suicide risks, and behavioral health
304403 concerns.
305- (o) The local school health advisory council shall make
306- policy recommendations to the district to increase parental
307- awareness of suicide-related risk factors and warning signs and
308- available community suicide prevention services.
309- SECTION 9. Section 37.0812, Education Code, is amended to
404+ (q) The board of trustees shall determine the specific
405+ content of the district's healthy relationships education with the
406+ advice of the local school health advisory council. The curriculum
407+ for the healthy relationships education must be age-appropriate and
408+ supported by research that is peer-reviewed, conducted in
409+ compliance with accepted scientific methods, and recognized as
410+ accurate by leading professional organizations and agencies with
411+ relevant experience. As age-appropriate, the curriculum must
412+ promote relationship, communication, and decision-making skills,
413+ including strategies to:
414+ (1) develop healthy, age-appropriate relationships;
415+ (2) develop healthy life skills, including critical
416+ thinking, problem solving, effective communication, and
417+ responsible decision making about relationships; and
418+ (3) promote effective communication between
419+ adolescents and their parents, legal guardians, or other family
420+ members about relationships.
421+ (r) In this section, "age-appropriate" means suitable to
422+ particular ages or age groups of children or adolescents, based on
423+ developing cognitive, emotional, and behavioral capacity typical
424+ for the age or age group.
425+ SECTION 10. Section 37.0812, Education Code, is amended to
310426 read as follows:
311427 Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE
312428 OFFICERS AND SCHOOL RESOURCE OFFICERS. A school district [with an
313429 enrollment of 30,000 or more students] that commissions a school
314430 district peace officer or at which a school resource officer
315431 provides law enforcement shall adopt a policy requiring the officer
316432 to complete the education and training program required by Section
317433 1701.263, Occupations Code.
318- SECTION 10. Section 37.108, Education Code, is amended by
434+ SECTION 11. Section 37.108, Education Code, is amended by
319435 amending Subsections (a), (b), and (c) and adding Subsections (b-1)
320436 and (f) to read as follows:
321437 (a) Each school district or public junior college district
322438 shall adopt and implement a multihazard emergency operations plan
323439 for use in the district's facilities. The plan must address
324440 prevention, mitigation, preparedness, response, and recovery as
325441 defined by the Texas School Safety Center in conjunction with the
326442 governor's office of homeland security and the commissioner of
327443 education or commissioner of higher education, as applicable [in
328444 conjunction with the governor's office of homeland security]. The
329445 plan must provide for:
330446 (1) [district employee] training in responding to an
331447 emergency for district employees, including substitute teachers;
332448 (2) measures to ensure district employees, including
333449 substitute teachers, have classroom access to a telephone,
334450 including a cellular telephone, or another electronic
335451 communication device allowing for immediate contact with district
336452 emergency services or emergency services agencies, law enforcement
337453 agencies, health departments, and fire departments;
338454 (3) measures to ensure district communications
339455 technology and infrastructure are adequate to allow for
340456 communication during an emergency;
341457 (4) if the plan applies to a school district,
342458 mandatory school drills and exercises, including drills required
343459 under Section 37.114, to prepare district students and employees
344460 for responding to an emergency;
345461 (5) [(3)] measures to ensure coordination with the
346462 Department of State Health Services and local emergency management
347463 agencies, law enforcement, health departments, and fire
348464 departments in the event of an emergency; and
349465 (6) [(4)] the implementation of a safety and security
350466 audit as required by Subsection (b).
351467 (b) At least once every three years, each school district or
352468 public junior college district shall conduct a safety and security
353469 audit of the district's facilities. To the extent possible, a
354470 district shall follow safety and security audit procedures
355471 developed by the Texas School Safety Center or a person included in
356472 the registry established by the Texas School Safety Center under
357473 Section 37.2091 [comparable public or private entity].
358474 (b-1) In a school district's safety and security audit
359475 required under Subsection (b), the district must certify that the
360476 district used the funds provided to the district through the school
361477 safety allotment under Section 42.168 only for the purposes
362478 provided by that section.
363479 (c) A school district or public junior college district
364480 shall report the results of the safety and security audit conducted
365481 under Subsection (b) to the district's board of trustees and, in the
366482 manner required by the Texas School Safety Center, to the Texas
367483 School Safety Center. The report provided to the Texas School
368484 Safety Center under this subsection must be signed by:
369485 (1) for a school district, the district's board of
370486 trustees and superintendent; or
371487 (2) for a public junior college district, the
372488 president of the junior college district.
373489 (f) A school district shall include in its multihazard
374490 emergency operations plan:
375491 (1) a chain of command that designates the individual
376492 responsible for making final decisions during a disaster or
377493 emergency situation and identifies other individuals responsible
378494 for making those decisions if the designated person is unavailable;
379495 (2) provisions that address physical and
380496 psychological safety for responding to a natural disaster, active
381497 shooter, and any other dangerous scenario identified for purposes
382498 of this section by the agency or the Texas School Safety Center;
383499 (3) provisions for ensuring the safety of students in
384500 portable buildings;
385501 (4) provisions for ensuring that students and district
386502 personnel with disabilities are provided equal access to safety
387503 during a disaster or emergency situation;
388504 (5) provisions for providing immediate notification
389505 to parents, guardians, and other persons standing in parental
390506 relation in circumstances involving a significant threat to the
391507 health or safety of students, including identification of the
392508 individual with responsibility for overseeing the notification;
393509 (6) provisions for supporting the psychological
394510 safety of students, district personnel, and the community during
395511 the response and recovery phase following a disaster or emergency
396512 situation that:
397513 (A) are aligned with best practice-based
398514 programs and research-based practices recommended under Section
399515 161.325, Health and Safety Code;
400516 (B) include strategies for ensuring any required
401517 professional development training for suicide prevention and
402518 grief-informed and trauma-informed care is provided to appropriate
403519 school personnel;
404520 (C) include training on integrating
405- psychological safety and suicide prevention strategies into the
406- district's plan, such as psychological first aid for schools
407- training, from an approved list of recommended training established
408- by the commissioner and Texas School Safety Center for:
521+ psychological safety strategies into the district's plan, such as
522+ psychological first aid for schools training, from an approved list
523+ of recommended training established by the commissioner and Texas
524+ School Safety Center for:
409525 (i) members of the district's school safety
410526 and security committee under Section 37.109;
411527 (ii) district school counselors and mental
412528 health professionals; and
413529 (iii) educators and other district
414530 personnel as determined by the district;
415531 (D) include strategies and procedures for
416532 integrating and supporting physical and psychological safety that
417533 align with the provisions described by Subdivision (2); and
418534 (E) implement trauma-informed policies;
419535 (7) a policy for providing a substitute teacher access
420536 to school campus buildings and materials necessary for the
421537 substitute teacher to carry out the duties of a district employee
422538 during an emergency or a mandatory emergency drill; and
423539 (8) the name of each individual on the district's
424540 school safety and security committee established under Section
425541 37.109 and the date of each committee meeting during the preceding
426542 year.
427- SECTION 11. Subchapter D, Chapter 37, Education Code, is
543+ SECTION 12. Subchapter D, Chapter 37, Education Code, is
428544 amended by adding Sections 37.1081 and 37.1082 to read as follows:
429545 Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY
430546 OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a
431547 school district receives notice of noncompliance under Section
432548 37.207(e) or 37.2071(g), the board shall hold a public hearing to
433549 notify the public of:
434550 (1) the district's failure to:
435551 (A) submit or correct deficiencies in a
436552 multihazard emergency operations plan; or
437553 (B) report the results of a safety and security
438554 audit to the Texas School Safety Center as required by law;
439555 (2) the dates during which the district has not been in
440556 compliance; and
441557 (3) the names of each member of the board of trustees
442558 and the superintendent serving in that capacity during the dates
443559 the district was not in compliance.
444560 (b) The school district shall provide the information
445561 required under Subsection (a)(3) in writing to each person in
446562 attendance at the hearing.
447563 (c) The board shall give members of the public a reasonable
448564 opportunity to appear before the board and to speak on the issue of
449565 the district's failure to submit or correct deficiencies in a
450566 multihazard emergency operations plan or report the results of a
451567 safety and security audit during a hearing held under this section.
452568 (d) A school district required to hold a public hearing
453569 under Subsection (a) shall provide written confirmation to the
454570 Texas School Safety Center that the district held the hearing.
455571 Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN
456572 NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS.
457573 (a) If the agency receives notice from the Texas School Safety
458574 Center of a school district's failure to submit a multihazard
459575 emergency operations plan, the commissioner may appoint a
460576 conservator for the district under Chapter 39A. The conservator
461577 may order the district to adopt, implement, and submit a
462578 multihazard emergency operations plan.
463579 (b) If a district fails to comply with a conservator's order
464580 to adopt, implement, and submit a multihazard emergency operations
465581 plan within the time frame imposed by the commissioner, the
466582 commissioner may appoint a board of managers under Chapter 39A to
467583 oversee the operations of the district.
468584 (c) The commissioner may adopt rules as necessary to
469585 administer this section.
470- SECTION 12. Section 37.109, Education Code, is amended by
586+ SECTION 13. Section 37.109, Education Code, is amended by
471587 adding Subsections (a-1), (c), and (d) and amending Subsection (b)
472588 to read as follows:
473589 (a-1) The committee, to the greatest extent practicable,
474590 must include:
475591 (1) one or more representatives of an office of
476592 emergency management of a county or city in which the district is
477593 located;
478594 (2) one or more representatives of the local police
479595 department or sheriff's office;
480596 (3) one or more representatives of the district's
481597 police department, if applicable;
482598 (4) the president of the district's board of trustees;
483599 (5) a member of the district's board of trustees other
484600 than the president;
485601 (6) the district's superintendent;
486602 (7) one or more designees of the district's
487603 superintendent, one of whom must be a classroom teacher in the
488604 district;
489605 (8) if the district partners with an open-enrollment
490606 charter school to provide instruction to students, a member of the
491607 open-enrollment charter school's governing body or a designee of
492608 the governing body; and
493609 (9) two parents or guardians of students enrolled in
494610 the district.
495611 (b) The committee shall:
496612 (1) participate on behalf of the district in
497613 developing and implementing emergency plans consistent with the
498614 district multihazard emergency operations plan required by Section
499615 37.108(a) to ensure that the plans reflect specific campus,
500616 facility, or support services needs;
501617 (2) periodically provide recommendations to the
502618 district's board of trustees and district administrators regarding
503619 updating the district multihazard emergency operations plan
504620 required by Section 37.108(a) in accordance with best practices
505621 identified by the agency, the Texas School Safety Center, or a
506622 person included in the registry established by the Texas School
507623 Safety Center under Section 37.2091;
508624 (3) provide the district with any campus, facility, or
509625 support services information required in connection with a safety
510626 and security audit required by Section 37.108(b), a safety and
511627 security audit report required by Section 37.108(c), or another
512628 report required to be submitted by the district to the Texas School
513629 Safety Center; [and]
514630 (4) [(3)] review each report required to be submitted
515631 by the district to the Texas School Safety Center to ensure that the
516632 report contains accurate and complete information regarding each
517633 campus, facility, or support service in accordance with criteria
518634 established by the center; and
519635 (5) consult with local law enforcement agencies on
520636 methods to increase law enforcement presence near district
521637 campuses.
522638 (c) Except as otherwise provided by this subsection, the
523639 committee shall meet at least once during each academic semester
524640 and at least once during the summer. A committee established by a
525641 school district that operates schools on a year-round system or in
526642 accordance with another alternative schedule shall meet at least
527643 three times during each calendar year, with an interval of at least
528644 two months between each meeting.
529645 (d) The committee is subject to Chapter 551, Government
530646 Code, and may meet in executive session as provided by that chapter.
531647 Notice of a committee meeting must be posted in the same manner as
532648 notice of a meeting of the district's board of trustees.
533- SECTION 13. Subchapter D, Chapter 37, Education Code, is
649+ SECTION 14. Subchapter D, Chapter 37, Education Code, is
534650 amended by adding Sections 37.113, 37.114, and 37.115 to read as
535651 follows:
536652 Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR
537653 TERRORISTIC THREAT. A school district that receives a bomb threat
538654 or terroristic threat relating to a campus or other district
539655 facility at which students are present shall provide notification
540656 of the threat as soon as possible to the parent or guardian of or
541657 other person standing in parental relation to each student who is
542658 assigned to the campus or who regularly uses the facility, as
543659 applicable.
544660 Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL
545661 DRILLS. The commissioner, in consultation with the Texas School
546662 Safety Center and the state fire marshal, shall adopt rules:
547663 (1) providing procedures for evacuating and securing
548664 school property during an emergency; and
549665 (2) designating the number of mandatory school drills
550666 to be conducted each semester of the school year, not to exceed
551667 eight drills, including designating the number of:
552668 (A) evacuation fire exit drills; and
553669 (B) lockdown, lockout, shelter-in-place, and
554670 evacuation drills.
555671 Sec. 37.115. THREAT ASSESSMENT AND SAFE AND SUPPORTIVE
556672 SCHOOL PROGRAM AND TEAM. (a) In this section:
557673 (1) "Harmful, threatening, or violent behavior"
558674 includes behaviors, such as verbal threats, threats of self harm,
559675 bullying, cyberbullying, fighting, the use or possession of a
560676 weapon, sexual assault, sexual harassment, dating violence,
561677 stalking, or assault, by a student that could result in:
562678 (A) specific interventions, including mental
563679 health or behavioral supports;
564680 (B) in-school suspension;
565681 (C) out-of-school suspension; or
566682 (D) the student's expulsion or removal to a
567683 disciplinary alternative education program or a juvenile justice
568684 alternative education program.
569685 (2) "Team" means a threat assessment and safe and
570686 supportive school team established by the board of trustees of a
571687 school district under this section.
572688 (b) The agency, in coordination with the Texas School Safety
573689 Center, shall adopt rules to establish a safe and supportive school
574690 program. The rules shall incorporate research-based best practices
575691 for school safety, including providing for:
576692 (1) physical and psychological safety;
577693 (2) a multiphase and multihazard approach to
578694 prevention, mitigation, preparedness, response, and recovery in a
579695 crisis situation;
580696 (3) a systemic and coordinated multitiered support
581697 system that addresses school climate, the social and emotional
582698 domain, and behavioral and mental health; and
583699 (4) multidisciplinary and multiagency collaboration
584700 to assess risks and threats in schools and provide appropriate
585701 interventions, including rules for the establishment and operation
586702 of teams.
587703 (c) The board of trustees of each school district shall
588704 establish a threat assessment and safe and supportive school team
589705 to serve at each campus of the district and shall adopt policies and
590706 procedures for the teams. The team is responsible for developing
591707 and implementing the safe and supportive school program under
592708 Subsection (b) at the district campus served by the team. The
593709 policies and procedures adopted under this section must:
594710 (1) be consistent with the model policies and
595711 procedures developed by the Texas School Safety Center;
596712 (2) require each team to complete training provided by
597713 the Texas School Safety Center or a regional education service
598714 center regarding evidence-based threat assessment programs; and
599715 (3) require each team established under this section
600- to report the information required under Subsection (k) regarding
716+ to report the information required under Subsection (j) regarding
601717 the team's activities to the agency.
602718 (d) The superintendent of the district shall ensure that the
603719 members appointed to each team have expertise in counseling,
604720 behavior management, mental health and substance use, classroom
605721 instruction, special education, school administration, school
606722 safety and security, emergency management, and law enforcement. A
607723 team may serve more than one campus of a school district, provided
608724 that each district campus is assigned a team.
609725 (e) The superintendent of a school district may establish a
610726 committee, or assign to an existing committee established by the
611727 district, the duty to oversee the operations of teams established
612728 for the district. A committee with oversight responsibility under
613729 this subsection must include members with expertise in human
614730 resources, education, special education, counseling, behavior
615731 management, school administration, mental health and substance
616732 use, school safety and security, emergency management, and law
617733 enforcement.
618734 (f) Each team shall:
619735 (1) conduct a threat assessment that includes:
620736 (A) assessing and reporting individuals who make
621737 threats of violence or exhibit harmful, threatening, or violent
622738 behavior in accordance with the policies and procedures adopted
623739 under Subsection (c); and
624740 (B) gathering and analyzing data to determine the
625741 level of risk and appropriate intervention, including:
626742 (i) referring a student for mental health
627743 assessment; and
628744 (ii) implementing an escalation procedure,
629745 if appropriate based on the team's assessment, in accordance with
630746 district policy;
631747 (2) provide guidance to students and school employees
632748 on recognizing harmful, threatening, or violent behavior that may
633749 pose a threat to the community, school, or individual; and
634750 (3) support the district in implementing the
635751 district's multihazard emergency operations plan.
636- (g) A team may not provide a mental health care service to a
637- student who is under 18 years of age unless the team obtains written
638- consent from the parent of or person standing in parental relation
639- to the student before providing the mental health care service. The
640- consent required by this subsection must be submitted on a form
641- developed by the school district that complies with all applicable
642- state and federal law. The student's parent or person standing in
643- parental relation to the student may give consent for a student to
644- receive ongoing services or may limit consent to one or more
645- services provided on a single occasion.
646- (h) On a determination that a student or other individual
752+ (g) On a determination that a student or other individual
647753 poses a serious risk of violence to self or others, a team shall
648754 immediately report the team's determination to the superintendent.
649755 If the individual is a student, the superintendent shall
650756 immediately attempt to inform the parent or person standing in
651757 parental relation to the student. The requirements of this
652758 subsection do not prevent an employee of the school from acting
653759 immediately to prevent an imminent threat or respond to an
654760 emergency.
655- (i) A team identifying a student at risk of suicide shall
761+ (h) A team identifying a student at risk of suicide shall
656762 act in accordance with the district's suicide prevention program.
657763 If the student at risk of suicide also makes a threat of violence to
658764 others, the team shall conduct a threat assessment in addition to
659765 actions taken in accordance with the district's suicide prevention
660766 program.
661- (j) A team identifying a student using or possessing
767+ (i) A team identifying a student using or possessing
662768 tobacco, drugs, or alcohol shall act in accordance with district
663769 policies and procedures related to substance use prevention and
664770 intervention.
665- (k) A team must report to the agency in accordance with
771+ (j) A team must report to the agency in accordance with
666772 guidelines developed by the agency the following information
667773 regarding the team's activities and other information for each
668774 school district campus the team serves:
669775 (1) the occupation of each person appointed to the
670776 team;
671777 (2) the number of threats and a description of the type
672778 of the threats reported to the team;
673779 (3) the outcome of each assessment made by the team,
674780 including:
675781 (A) any disciplinary action taken, including a
676782 change in school placement;
677783 (B) any action taken by law enforcement; or
678784 (C) a referral to or change in counseling, mental
679785 health, special education, or other services;
680786 (4) the total number, disaggregated by student gender,
681787 race, and status as receiving special education services, being at
682788 risk of dropping out of school, being in foster care, experiencing
683789 homelessness, being a dependent of military personnel, being
684790 pregnant or a parent, having limited English proficiency, or being
685791 a migratory child, of, in connection with an assessment or reported
686792 threat by the team:
687793 (A) citations issued for Class C misdemeanor
688794 offenses;
689795 (B) arrests;
690796 (C) incidents of uses of restraint;
691797 (D) changes in school placement, including
692798 placement in a juvenile justice alternative education program or
693799 disciplinary alternative education program;
694800 (E) referrals to or changes in counseling, mental
695801 health, special education, or other services;
696802 (F) placements in in-school suspension or
697803 out-of-school suspension and incidents of expulsion;
698804 (G) unexcused absences of 15 or more days during
699805 the school year; and
700806 (H) referrals to juvenile court for truancy; and
701807 (5) the number and percentage of school personnel
702808 trained in:
703809 (A) a best-practices program or research-based
704810 practice under Section 161.325, Health and Safety Code, including
705811 the number and percentage of school personnel trained in:
706812 (i) suicide prevention; or
707813 (ii) grief and trauma-informed practices;
708814 (B) mental health or psychological first aid for
709815 schools;
710816 (C) training relating to the safe and supportive
711817 school program established under Subsection (b); or
712818 (D) any other program relating to safety
713819 identified by the commissioner.
714- (l) The commissioner may adopt rules to implement this
820+ (k) The commissioner may adopt rules to implement this
715821 section.
716- SECTION 14. Section 37.207, Education Code, is amended by
822+ SECTION 15. Section 37.207, Education Code, is amended by
717823 adding Subsections (c), (d), and (e) to read as follows:
718824 (c) In addition to a review of a district's multihazard
719825 emergency operations plan under Section 37.2071, the center may
720826 require a district to submit its plan for immediate review if the
721827 district's audit results indicate that the district is not
722828 complying with applicable standards.
723829 (d) If a district fails to report the results of its audit as
724830 required under Subsection (b), the center shall provide the
725831 district with written notice that the district has failed to report
726832 its audit results and must immediately report the results to the
727833 center.
728834 (e) If six months after the date of the initial notification
729835 required by Subsection (d) the district has still not reported the
730836 results of its audit to the center, the center shall notify the
731837 agency and the district of the district's requirement to conduct a
732838 public hearing under Section 37.1081. This subsection applies only
733839 to a school district.
734- SECTION 15. Subchapter G, Chapter 37, Education Code, is
840+ SECTION 16. Subchapter G, Chapter 37, Education Code, is
735841 amended by adding Section 37.2071 to read as follows:
736842 Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS
737843 PLAN REVIEW AND VERIFICATION. (a) The center shall establish a
738844 random or need-based cycle for the center's review and verification
739845 of school district and public junior college district multihazard
740846 emergency operations plans adopted under Section 37.108. The cycle
741847 must provide for each district's plan to be reviewed at regular
742848 intervals as determined by the center.
743849 (b) A school district or public junior college district
744850 shall submit its multihazard emergency operations plan to the
745851 center on request of the center and in accordance with the center's
746852 review cycle developed under Subsection (a).
747853 (c) The center shall review each district's multihazard
748854 emergency operations plan submitted under Subsection (b) and:
749855 (1) verify the plan meets the requirements of Section
750856 37.108; or
751857 (2) provide the district with written notice:
752858 (A) describing the plan's deficiencies; and
753859 (B) stating that the district must correct the
754860 deficiencies in its plan and resubmit the revised plan to the
755861 center.
756862 (d) If a district fails to submit its multihazard emergency
757863 operations plan to the center for review, the center shall provide
758864 the district with written notice stating that the district:
759865 (1) has failed to submit a plan; and
760866 (2) must submit a plan to the center for review and
761867 verification.
762868 (e) The center may approve a district multihazard emergency
763869 operations plan that has deficiencies if the district submits a
764870 revised plan that the center determines will correct the
765871 deficiencies.
766872 (f) If three months after the date of initial notification
767873 of a plan's deficiencies under Subsection (c)(2) or failure to
768874 submit a plan under Subsection (d) a district has not corrected the
769875 plan deficiencies or has failed to submit a plan, the center shall
770876 provide written notice to the district and agency that the district
771877 has not complied with the requirements of this section and must
772878 comply immediately.
773879 (g) If a school district still has not corrected the plan
774880 deficiencies or has failed to submit a plan six months after the
775881 date of initial notification under Subsection (c)(2) or (d), the
776882 center shall provide written notice to the school district stating
777883 that the district must hold a public hearing under Section 37.1081.
778884 (h) If a school district has failed to submit a plan, the
779885 notice required by Subsection (g) must state that the commissioner
780886 is authorized to appoint a conservator under Section 37.1082.
781887 (i) Any document or information collected, developed, or
782888 produced during the review and verification of multihazard
783889 emergency operations plans under this section is not subject to
784890 disclosure under Chapter 552, Government Code.
785- SECTION 16. Section 37.2091(d), Education Code, is amended
891+ SECTION 17. Section 37.2091(d), Education Code, is amended
786892 to read as follows:
787893 (d) The center shall verify the information provided by a
788894 person under Subsection (c) to confirm [registry is intended to
789895 serve only as an informational resource for school districts and
790896 institutions of higher education. The inclusion of a person in the
791897 registry is not an indication of] the person's qualifications and
792898 [or] ability to provide school safety or security consulting
793899 services before adding the person to the registry [or that the
794900 center endorses the person's school safety or security consulting
795901 services].
796- SECTION 17. Subchapter G, Chapter 37, Education Code, is
902+ SECTION 18. Subchapter G, Chapter 37, Education Code, is
797903 amended by adding Section 37.220 to read as follows:
798904 Sec. 37.220. MODEL THREAT ASSESSMENT TEAM POLICIES AND
799905 PROCEDURES. (a) The center, in coordination with the agency,
800906 shall develop model policies and procedures to assist school
801907 districts in establishing and training threat assessment teams.
802908 (b) The model policies and procedures developed under
803909 Subsection (a) must include procedures, when appropriate, for:
804910 (1) the referral of a student to a local mental health
805911 authority or health care provider for evaluation or treatment;
806912 (2) the referral of a student for a full individual and
807913 initial evaluation for special education services under Section
808914 29.004; and
809915 (3) a student or school personnel to anonymously
810916 report dangerous, violent, or unlawful activity that occurs or is
811917 threatened to occur on school property or that relates to a student
812918 or school personnel.
813- SECTION 18. Subchapter A, Chapter 38, Education Code, is
919+ SECTION 19. Subchapter A, Chapter 38, Education Code, is
814920 amended by adding Section 38.036 to read as follows:
815921 Sec. 38.036. TRAUMA-INFORMED CARE POLICY. (a) Each school
816922 district shall adopt and implement a policy requiring the
817923 integration of trauma-informed practices in each school
818924 environment. A district must include the policy in the district
819925 improvement plan required under Section 11.252.
820926 (b) A policy required by this section must address:
821927 (1) using resources developed by the agency, methods
822928 for:
823929 (A) increasing staff and parent awareness of
824930 trauma-informed care; and
825931 (B) implementation of trauma-informed practices
826932 and care by district and campus staff; and
827933 (2) available counseling options for students
828934 affected by trauma or grief.
829935 (c) The methods under Subsection (b)(1) for increasing
830936 awareness and implementation of trauma-informed care must include
831937 training as provided by this subsection. The training must be
832938 provided:
833939 (1) through a program selected from the list of
834940 recommended best practice-based programs and research-based
835941 practices established under Section 161.325, Health and Safety
836942 Code;
837943 (2) as part of any new employee orientation for all new
838944 school district educators; and
839945 (3) to existing school district educators on a
840946 schedule adopted by the agency by rule that requires educators to be
841947 trained at intervals necessary to keep educators informed of
842948 developments in the field.
843949 (d) For any training under Subsection (c), each school
844950 district shall maintain records that include the name of each
845951 district staff member who participated in the training.
846952 (e) Each school district shall report annually to the agency
847953 the following information for the district as a whole and for each
848954 school campus:
849955 (1) the number of teachers, principals, and counselors
850956 employed by the district who have completed training under this
851957 section; and
852958 (2) the total number of teachers, principals, and
853959 counselors employed by the district.
854960 (f) If a school district determines that the district does
855961 not have sufficient resources to provide the training required
856962 under Subsection (c), the district may partner with a community
857963 mental health organization to provide training that meets the
858964 requirements of Subsection (c) at no cost to the district.
859965 (g) The commissioner shall adopt rules as necessary to
860966 administer this section.
861- SECTION 19. Chapter 38, Education Code, is amended by
862- adding Subchapter F to read as follows:
863- SUBCHAPTER F. MENTAL HEALTH RESOURCES
864- Sec. 38.251. RUBRIC TO IDENTIFY RESOURCES. (a) The agency
865- shall develop a rubric for use by regional education service
866- centers in identifying resources related to student mental health
867- that are available to schools in their respective regions. The
868- agency shall develop the rubric in conjunction with:
869- (1) the Health and Human Services Commission;
870- (2) the Department of Family and Protective Services;
871- (3) the Texas Juvenile Justice Department;
872- (4) the Texas Higher Education Coordinating Board;
873- (5) the Texas Child Mental Health Care Consortium;
874- (6) the Texas Workforce Commission; and
875- (7) any other state agency the agency considers
876- appropriate.
877- (b) The rubric developed by the agency must provide for the
878- identification of resources relating to:
879- (1) training and technical assistance on practices
880- that support the mental health of students;
881- (2) school-based programs that provide prevention or
882- intervention services to students;
883- (3) community-based programs that provide
884- school-based or school-connected prevention or intervention
885- services to students;
886- (4) Communities In Schools programs described by
887- Subchapter E, Chapter 33;
888- (5) school-based mental health providers; and
889- (6) public and private funding sources available to
890- address the mental health of students.
891- (c) Not later than December 1 of each odd-numbered year, the
892- agency shall revise the rubric as necessary to reflect changes in
893- resources that may be available to schools and provide the rubric to
894- each regional education service center.
895- Sec. 38.252. REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES.
896- (a) Each regional education service center shall use the rubric
897- developed under Section 38.251 to identify resources related to
898- student mental health available to schools in the center's region,
899- including evidence-based and promising programs and best
900- practices, that:
901- (1) create school environments that support the
902- social, emotional, and academic development of students;
903- (2) identify students who may need additional
904- behavioral or mental health support before issues arise;
905- (3) provide early, effective interventions to
906- students in need of additional support;
907- (4) connect students and their families to specialized
908- services in the school or community when needed; and
909- (5) assist schools in aligning resources necessary to
910- address the mental health of students.
911- (b) A regional education service center may consult with any
912- entity the center considers necessary in identifying resources
913- under Subsection (a), including:
914- (1) school districts;
915- (2) local mental health authorities;
916- (3) community mental health services providers;
917- (4) education groups;
918- (5) hospitals; and
919- (6) institutions of higher education.
920- (c) Not later than March 1 of each even-numbered year, each
921- regional education service center shall:
922- (1) use the revised rubric received from the agency
923- under Section 38.251 to identify, in the manner provided by this
924- section, any additional resources that may be available to schools
925- in the center's region; and
926- (2) submit to the agency a report on resources
927- identified through the process, including any additional resources
928- identified under Subdivision (1).
929- Sec. 38.253. STATEWIDE INVENTORY OF MENTAL HEALTH
930- RESOURCES. (a) The agency shall develop a list of statewide
931- resources available to school districts to address the mental
932- health of students, including:
933- (1) training and technical assistance on practices
934- that support the mental health of students;
935- (2) school-based programs that provide prevention or
936- intervention services to students;
937- (3) community-based programs that provide
938- school-based or school-connected prevention or intervention
939- services to students;
940- (4) school-based mental health providers; and
941- (5) public and private funding sources available to
942- address the mental health of students.
943- (b) In developing the list required under Subsection (a),
944- the agency shall collaborate with:
945- (1) the Health and Human Services Commission;
946- (2) the Department of Family and Protective Services;
947- (3) the Texas Juvenile Justice Department;
948- (4) the Texas Higher Education Coordinating Board;
949- (5) the Texas Child Mental Health Care Consortium;
950- (6) the Texas Workforce Commission;
951- (7) one or more representatives of Communities In
952- Schools programs described by Subchapter E, Chapter 33, who are
953- designated by the Communities In Schools State Office;
954- (8) hospitals or other health care providers;
955- (9) community service providers;
956- (10) parent, educator, and advocacy groups; and
957- (11) any entity the agency determines can assist the
958- agency in compiling the list.
959- (c) The agency shall include on the list any resource
960- available through an entity identified as a resource under
961- Subsection (b), including an entity described by Subsection (b),
962- that provides evidence-based and promising programs and best
963- practices that:
964- (1) create school environments that support the
965- social, emotional, and academic development of students;
966- (2) identify students who may need additional
967- behavioral or mental health support before issues arise;
968- (3) provide early, effective interventions to
969- students in need of additional support; and
970- (4) connect students and their families to specialized
971- services in the school or community when needed.
972- (d) The agency shall revise the list not later than March 1
973- of each even-numbered year.
974- Sec. 38.254. STATEWIDE PLAN FOR STUDENT MENTAL HEALTH.
975- (a) The agency shall develop a statewide plan to ensure all
976- students have access to adequate mental health resources. The
977- agency shall include in the plan:
978- (1) a description of any revisions made to the rubric
979- required by Section 38.251;
980- (2) the results of the most recent regional inventory
981- of mental health resources required by Section 38.252, including
982- any additional resources identified;
983- (3) the results of the most recent statewide inventory
984- of mental health resources required by Section 38.253, including
985- any additional resources identified;
986- (4) the agency's goals for student mental health
987- access to be applied across the state, including goals relating to:
988- (A) methods to objectively measure positive
989- school climate;
990- (B) increasing the availability of early,
991- effective school-based or school-connected mental health
992- interventions and resources for students in need of additional
993- support; and
994- (C) increasing the availability of referrals for
995- students and families to specialized services for students in need
996- of additional support outside the school;
997- (5) a list of actions the commissioner may take
998- without legislative action to help all districts reach the agency's
999- goals described by the plan; and
1000- (6) recommendations to the legislature on methods to
1001- ensure that all districts can meet the agency's goals described in
1002- the plan through legislative appropriations or other action by the
1003- legislature.
1004- (b) In developing the agency's goals under Subsection
1005- (a)(4), the agency shall consult with any person the agency
1006- believes is necessary to the development of the goals, including:
1007- (1) educators;
1008- (2) mental health practitioners;
1009- (3) advocacy groups; and
1010- (4) parents.
1011- (c) The agency shall revise the plan not later than April 1
1012- of each even-numbered year.
1013- (d) As soon as practicable after completing or revising the
1014- plan, the agency shall:
1015- (1) submit an electronic copy of the plan to the
1016- legislature;
1017- (2) post the plan on the agency's Internet website; and
1018- (3) hold public meetings in each regional education
1019- service center's region to present the statewide plan and shall
1020- provide an opportunity for public comment at each meeting.
1021- Sec. 38.255. AGENCY USE OF STATEWIDE PLAN. (a) The agency
1022- shall use the statewide plan for student mental health required by
1023- Section 38.254 to develop and revise the agency's long-term
1024- strategic plan.
1025- (b) The agency shall use the recommendations to the
1026- legislature required by Section 38.254(a)(6) to develop each agency
1027- legislative appropriations request.
1028- Sec. 38.256. REPORTS TO LEGISLATURE. In addition to any
1029- other information required to be provided to the legislature under
1030- this chapter, not later than November 1 of each even-numbered year
1031- the agency shall provide to the legislature:
1032- (1) a description of any changes the agency has made to
1033- the rubric required by Section 38.251; and
1034- (2) an analysis of each region's progress toward
1035- meeting the agency's goals developed under Section 38.254.
1036967 SECTION 20. Subchapter C, Chapter 42, Education Code, is
1037968 amended by adding Section 42.168 to read as follows:
1038969 Sec. 42.168. SCHOOL SAFETY ALLOTMENT. (a) From funds
1039970 appropriated for that purpose, the commissioner shall provide to a
1040971 school district an annual allotment in the amount provided by
1041972 appropriation for each student in average daily attendance.
1042973 (b) Funds allocated under this section must be used to
1043974 improve school safety and security, including costs associated
1044975 with:
1045976 (1) securing school facilities, including:
1046977 (A) improvements to school infrastructure;
1047978 (B) the use or installation of physical barriers;
1048979 and
1049980 (C) the purchase and maintenance of:
1050981 (i) security cameras or other security
1051982 equipment; and
1052983 (ii) technology, including communications
1053984 systems or devices, that facilitates communication and information
1054985 sharing between students, school personnel, and first responders in
1055986 an emergency;
1056987 (2) providing security for the district, including:
1057988 (A) employing school district peace officers,
1058989 private security officers, and school marshals; and
1059990 (B) collaborating with local law enforcement
1060991 agencies, such as entering into a memorandum of understanding for
1061992 the assignment of school resource officers to schools in the
1062- district;
993+ district; and
1063994 (3) school safety and security training and planning,
1064995 including:
1065996 (A) active shooter and emergency response
1066997 training;
1067998 (B) prevention and treatment programs relating
1068999 to addressing adverse childhood experiences; and
10691000 (C) the prevention, identification, and
10701001 management of emergencies and threats, including:
10711002 (i) providing mental health personnel and
10721003 support;
10731004 (ii) providing behavioral health services;
10741005 and
10751006 (iii) establishing threat reporting
1076- systems; and
1077- (4) providing programs related to suicide prevention,
1078- intervention, and postvention.
1007+ systems.
10791008 (c) A school district may use funds allocated under this
10801009 section for equipment or software that is used for a school safety
10811010 and security purpose and an instructional purpose, provided that
10821011 the instructional use does not compromise the safety and security
10831012 purpose of the equipment or software.
10841013 (d) A school district that is required to take action under
10851014 Chapter 41 to reduce its wealth per student to the equalized wealth
10861015 level is entitled to a credit, in the amount of the allotments to
10871016 which the district is to receive as provided by appropriation,
10881017 against the total amount required under Section 41.093 for the
10891018 district to purchase attendance credits.
10901019 (e) The commissioner may adopt rules to implement this
10911020 section.
10921021 SECTION 21. Section 45.001(a), Education Code, is amended
10931022 to read as follows:
10941023 (a) The governing board of an independent school district,
10951024 including the city council or commission that has jurisdiction over
10961025 a municipally controlled independent school district, the
10971026 governing board of a rural high school district, and the
10981027 commissioners court of a county, on behalf of each common school
10991028 district under its jurisdiction, may:
11001029 (1) issue bonds for:
11011030 (A) the construction, acquisition, and equipment
11021031 of school buildings in the district;
11031032 (B) the acquisition of property or the
11041033 refinancing of property financed under a contract entered under
11051034 Subchapter A, Chapter 271, Local Government Code, regardless of
11061035 whether payment obligations under the contract are due in the
11071036 current year or a future year;
11081037 (C) the purchase of the necessary sites for
11091038 school buildings; [and]
11101039 (D) the purchase of new school buses;
11111040 (E) the retrofitting of school buses with
11121041 emergency, safety, or security equipment; and
11131042 (F) the purchase or retrofitting of vehicles to
11141043 be used for emergency, safety, or security purposes; and
11151044 (2) [may] levy, pledge, assess, and collect annual ad
11161045 valorem taxes sufficient to pay the principal of and interest on the
11171046 bonds as or before the principal and interest become due, subject to
11181047 Section 45.003.
1119- SECTION 22. Subtitle E, Title 2, Health and Safety Code, is
1120- amended by adding Chapter 113 to read as follows:
1121- CHAPTER 113. TEXAS CHILD MENTAL HEALTH CARE CONSORTIUM
1122- SUBCHAPTER A. GENERAL PROVISIONS
1123- Sec. 113.0001. DEFINITIONS. In this chapter:
1124- (1) "Community mental health provider" means an entity
1125- that provides mental health care services at a local level,
1126- including a local mental health authority.
1127- (2) "Consortium" means the Texas Child Mental Health
1128- Care Consortium.
1129- (3) "Executive committee" means the executive
1130- committee of the consortium.
1131- SUBCHAPTER B. CONSORTIUM
1132- Sec. 113.0051. ESTABLISHMENT; PURPOSE. The Texas Child
1133- Mental Health Care Consortium is established to:
1134- (1) leverage the expertise and capacity of the
1135- health-related institutions of higher education listed in Section
1136- 113.0052(1) to address urgent mental health challenges and improve
1137- the mental health care system in this state in relation to children
1138- and adolescents; and
1139- (2) enhance the state's ability to address mental
1140- health care needs of children and adolescents through collaboration
1141- of the health-related institutions of higher education listed in
1142- Section 113.0052(1).
1143- Sec. 113.0052. COMPOSITION. The consortium is composed of:
1144- (1) the following health-related institutions of
1145- higher education:
1146- (A) Baylor College of Medicine;
1147- (B) Texas A&M University System Health Science
1148- Center;
1149- (C) Texas Tech University Health Sciences
1150- Center;
1151- (D) Texas Tech University Health Sciences Center
1152- at El Paso;
1153- (E) University of North Texas Health Science
1154- Center at Fort Worth;
1155- (F) The Dell Medical School at The University of
1156- Texas at Austin;
1157- (G) The University of Texas M.D. Anderson Cancer
1158- Center;
1159- (H) The University of Texas Medical Branch at
1160- Galveston;
1161- (I) The University of Texas Health Science Center
1162- at Houston;
1163- (J) The University of Texas Health Science Center
1164- at San Antonio;
1165- (K) The University of Texas Rio Grande Valley
1166- School of Medicine;
1167- (L) The University of Texas Health Science Center
1168- at Tyler; and
1169- (M) The University of Texas Southwestern Medical
1170- Center;
1171- (2) the commission;
1172- (3) the Texas Higher Education Coordinating Board;
1173- (4) three nonprofit organizations that focus on mental
1174- health care, designated by a majority of the members described by
1175- Subdivision (1); and
1176- (5) any other entity that the executive committee
1177- considers necessary.
1178- Sec. 113.0053. ADMINISTRATIVE ATTACHMENT. The consortium
1179- is administratively attached to the Texas Higher Education
1180- Coordinating Board for the purpose of receiving and administering
1181- appropriations and other funds under this chapter. The board is not
1182- responsible for providing to the consortium staff, human resources,
1183- contract monitoring, purchasing, or any other administrative
1184- support services.
1185- SUBCHAPTER C. EXECUTIVE COMMITTEE
1186- Sec. 113.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The
1187- consortium is governed by an executive committee composed of the
1188- following members:
1189- (1) the chair of the academic department of psychiatry
1190- of each of the health-related institutions of higher education
1191- listed in Section 113.0052(1) or a licensed psychiatrist, including
1192- a child-adolescent psychiatrist, designated by the chair to serve
1193- in the chair's place;
1194- (2) a representative of the commission with expertise
1195- in the delivery of mental health care services, appointed by the
1196- executive commissioner;
1197- (3) a representative of the commission with expertise
1198- in mental health facilities, appointed by the executive
1199- commissioner;
1200- (4) a representative of the Texas Higher Education
1201- Coordinating Board, appointed by the commissioner of the
1202- coordinating board;
1203- (5) a representative of each nonprofit organization
1204- described by Section 113.0052(4) that is part of the consortium,
1205- designated by a majority of the members described by Subdivision
1206- (1);
1207- (6) a representative of a hospital system in this
1208- state, designated by a majority of the members described by
1209- Subdivision (1); and
1210- (7) any other representative designated:
1211- (A) under Subsection (b); or
1212- (B) by a majority of the members described by
1213- Subdivision (1) at the request of the executive committee.
1214- (b) The president of each of the health-related
1215- institutions of higher education listed in Section 113.0052(1) may
1216- designate a representative to serve on the executive committee.
1217- Sec. 113.0102. VACANCY. A vacancy on the executive
1218- committee shall be filled in the same manner as the original
1219- appointment.
1220- Sec. 113.0103. PRESIDING OFFICER. The executive committee
1221- shall elect a presiding officer from among the membership of the
1222- executive committee.
1223- Sec. 113.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING
1224- COUNCIL. The consortium shall designate a member of the executive
1225- committee to represent the consortium on the statewide behavioral
1226- health coordinating council.
1227- Sec. 113.0105. GENERAL DUTIES. The executive committee
1228- shall:
1229- (1) coordinate the provision of funding to the
1230- health-related institutions of higher education listed in Section
1231- 113.0052(1) to carry out the purposes of this chapter;
1232- (2) establish procedures and policies for the
1233- administration of funds under this chapter;
1234- (3) monitor funding and agreements entered into under
1235- this chapter to ensure recipients of funding comply with the terms
1236- and conditions of the funding and agreements; and
1237- (4) establish procedures to document compliance by
1238- executive committee members and staff with applicable laws
1239- governing conflicts of interest.
1240- SUBCHAPTER D. ACCESS TO CARE
1241- Sec. 113.0151. CHILD PSYCHIATRY ACCESS NETWORK AND
1242- TELEMEDICINE AND TELEHEALTH PROGRAMS. (a) The consortium shall
1243- establish a network of comprehensive child psychiatry access
1244- centers. A center established under this section shall:
1245- (1) be located at a health-related institution of
1246- higher education listed in Section 113.0052(1); and
1247- (2) provide consultation services and training
1248- opportunities for pediatricians and primary care providers
1249- operating in the center's geographic region to better care for
1250- children and youth with behavioral health needs.
1251- (b) The consortium shall establish or expand telemedicine
1252- or telehealth programs for identifying and assessing behavioral
1253- health needs and providing access to mental health care services.
1254- The consortium shall implement this subsection with a focus on the
1255- behavioral health needs of at-risk children and adolescents.
1256- (c) A health-related institution of higher education listed
1257- in Section 113.0052(1) may enter into a memorandum of understanding
1258- with a community mental health provider to:
1259- (1) establish a center under Subsection (a); or
1260- (2) establish or expand a program under Subsection
1261- (b).
1262- (d) The consortium shall leverage the resources of a
1263- hospital system under Subsection (a) or (b) if the hospital system:
1264- (1) provides consultation services and training
1265- opportunities for pediatricians and primary care providers that are
1266- consistent with those described by Subsection (a); and
1267- (2) has an existing telemedicine or telehealth program
1268- for identifying and assessing the behavioral health needs of and
1269- providing access to mental health care services for children and
1270- adolescents.
1271- Sec. 113.0152. CONSENT REQUIRED FOR SERVICES TO MINOR.
1272- (a) A person may provide mental health care services to a child
1273- younger than 18 years of age through a program established under
1274- this subchapter only if the person obtains the written consent of
1275- the parent or legal guardian of the child.
1276- (b) The consortium shall develop and post on its Internet
1277- website a model form for a parent or legal guardian to provide
1278- consent under this section.
1279- (c) This section does not apply to services provided by a
1280- school counselor in accordance with Section 33.005, 33.006, or
1281- 33.007, Education Code.
1282- Sec. 113.0153. REIMBURSEMENT FOR SERVICES. A child
1283- psychiatry access center established under Section 113.0151(a) may
1284- not submit an insurance claim or charge a pediatrician or primary
1285- care provider a fee for providing consultation services or training
1286- opportunities under this section.
1287- SUBCHAPTER E. CHILD MENTAL HEALTH WORKFORCE
1288- Sec. 113.0201. CHILD PSYCHIATRY WORKFORCE EXPANSION.
1289- (a) The executive committee may provide funding to a
1290- health-related institution of higher education listed in Section
1291- 113.0052(1) for the purpose of funding:
1292- (1) two full-time psychiatrists who treat children and
1293- adolescents to serve as academic medical director at a facility
1294- operated by a community mental health provider; and
1295- (2) two new resident rotation positions.
1296- (b) An academic medical director described by Subsection
1297- (a) shall collaborate and coordinate with a community mental health
1298- provider to expand the amount and availability of mental health
1299- care resources by developing training opportunities for residents
1300- and supervising residents at a facility operated by the community
1301- mental health provider.
1302- (c) An institution of higher education that receives
1303- funding under Subsection (a) shall require that psychiatric
1304- residents participate in rotations through the facility operated by
1305- the community mental health provider in accordance with Subsection
1306- (b).
1307- Sec. 113.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP.
1308- (a) The executive committee may provide funding to a
1309- health-related institution of higher education listed in Section
1310- 113.0052(1) for the purpose of funding a physician fellowship
1311- position that will lead to a medical specialty in the diagnosis and
1312- treatment of psychiatric and associated behavioral health issues
1313- affecting children and adolescents.
1314- (b) The funding provided to a health-related institution of
1315- higher education under this section must be used to increase the
1316- number of fellowship positions at the institution and may not be
1317- used to replace existing funding for the institution.
1318- SUBCHAPTER F. MISCELLANEOUS PROVISIONS
1319- Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
1320- of each even-numbered year, the consortium shall prepare and submit
1321- to the governor, the lieutenant governor, the speaker of the house
1322- of representatives, and the standing committee of each house of the
1323- legislature with primary jurisdiction over behavioral health
1324- issues and post on its Internet website a written report that
1325- outlines:
1326- (1) the activities and objectives of the consortium;
1327- (2) the health-related institutions of higher
1328- education listed in Section 113.0052(1) that receive funding by the
1329- executive committee; and
1330- (3) any legislative recommendations based on the
1331- activities and objectives described by Subdivision (1).
1332- Sec. 113.0252. APPROPRIATION CONTINGENCY. The consortium
1333- is required to implement a provision of this chapter only if the
1334- legislature appropriates money specifically for that purpose. If
1335- the legislature does not appropriate money specifically for that
1336- purpose, the consortium may, but is not required to, implement a
1337- provision of this chapter.
1338- SECTION 23. Section 161.325(d), Health and Safety Code, is
1048+ SECTION 22. Section 161.325(d), Health and Safety Code, is
13391049 amended to read as follows:
13401050 (d) A school district may develop practices and procedures
13411051 concerning each area listed in Subsection (a-1), including mental
13421052 health promotion and intervention, substance abuse prevention and
13431053 intervention, and suicide prevention, that:
13441054 (1) include a procedure for providing educational
13451055 material to all parents and families in the district that contains
13461056 information on identifying risk factors, accessing resources for
13471057 treatment or support provided on and off campus, and accessing
13481058 available student accommodations provided on campus;
13491059 (2) include a procedure for providing notice of a
13501060 recommendation for early mental health or substance abuse
13511061 intervention regarding a student to a parent or guardian of the
13521062 student within a reasonable amount of time after the identification
13531063 of early warning signs as described by Subsection (b)(2);
13541064 (3) [(2)] include a procedure for providing notice of
13551065 a student identified as at risk of committing suicide to a parent or
13561066 guardian of the student within a reasonable amount of time after the
13571067 identification of early warning signs as described by Subsection
13581068 (b)(2);
13591069 (4) [(3)] establish that the district may develop a
13601070 reporting mechanism and may designate at least one person to act as
13611071 a liaison officer in the district for the purposes of identifying
13621072 students in need of early mental health or substance abuse
13631073 intervention or suicide prevention; and
13641074 (5) [(4)] set out available counseling alternatives
13651075 for a parent or guardian to consider when their child is identified
13661076 as possibly being in need of early mental health or substance abuse
13671077 intervention or suicide prevention.
1368- SECTION 24. Section 1701.263(b), Occupations Code, is
1078+ SECTION 23. Section 1701.263(b), Occupations Code, is
13691079 amended to read as follows:
13701080 (b) The commission by rule shall require a school district
13711081 peace officer or a school resource officer who is commissioned by or
13721082 who provides law enforcement at a school district [with an
13731083 enrollment of 30,000 or more students] to successfully complete an
13741084 education and training program described by this section before or
13751085 within 180 [120] days of the officer's commission by or placement in
13761086 the district or a campus of the district. The program must:
13771087 (1) consist of at least 16 hours of training;
13781088 (2) be approved by the commission; and
13791089 (3) provide training in accordance with the curriculum
13801090 developed under Section 1701.262 in each subject area listed in
13811091 Subsection (c) of that section.
1382- SECTION 25. From funds appropriated for that purpose, the
1383- commissioner of education shall establish and administer a grant
1384- program to award grants to local education agencies to improve and
1385- maintain student and school safety.
1386- SECTION 26. Not later than January 1, 2020:
1092+ SECTION 24. Not later than January 1, 2020:
13871093 (1) the Texas School Safety Center shall:
13881094 (A) develop a list of best practices for ensuring
13891095 the safety of public school students receiving instruction in
13901096 portable buildings; and
13911097 (B) provide information regarding the list of
13921098 best practices to school districts using portable buildings for
13931099 student instruction;
13941100 (2) the commissioner of education shall adopt or amend
13951101 rules as required by Section 7.061, Education Code, as added by this
13961102 Act; and
13971103 (3) the commissioner of education, in consultation
13981104 with the Texas School Safety Center and the state fire marshal,
13991105 shall adopt rules as required by Section 37.114, Education Code, as
14001106 added by this Act.
1401- SECTION 27. (a) Not later than December 1, 2019, the Texas
1402- Education Agency shall develop and distribute to each regional
1403- education service center the rubric required by Section 38.251,
1404- Education Code, as added by this Act.
1405- (b) Not later than March 1, 2020:
1406- (1) each regional education service center shall
1407- complete the regional inventory of mental health resources required
1408- by Section 38.252, Education Code, as added by this Act, and report
1409- to the Texas Education Agency on the resources identified through
1410- the inventory; and
1411- (2) the Texas Education Agency shall complete the
1412- statewide inventory of mental health resources required by Section
1413- 38.253, Education Code, as added by this Act, and develop a list of
1414- resources available to school districts statewide to address the
1415- mental health of students.
1416- (c) Not later than April 1, 2020, the Texas Education Agency
1417- shall develop the statewide plan for student mental health required
1418- by Section 38.254, Education Code, as added by this Act, submit an
1419- electronic copy of the plan to the legislature, and post the plan on
1420- the agency's Internet website.
1421- SECTION 28. As soon as practicable after the effective date
1422- of this Act, the executive commissioner of the Health and Human
1423- Services Commission, the commissioner of the Texas Higher Education
1424- Coordinating Board, and the members of the executive committee
1425- described by Section 113.0101(a)(1), Health and Safety Code, as
1426- added by this Act, shall make the appointments and designations
1427- required by Section 113.0101, Health and Safety Code, as added by
1428- this Act.
1429- SECTION 29. (a) Notwithstanding Section 1701.263(b),
1107+ SECTION 25. (a) Notwithstanding Section 1701.263(b),
14301108 Occupations Code, as amended by this Act, a school district peace
14311109 officer or school resource officer who commences employment with or
14321110 commences providing law enforcement at a school district with an
14331111 enrollment of fewer than 30,000 students on a date occurring before
14341112 September 1, 2019, shall complete the training required by Section
14351113 1701.263, Occupations Code, as amended by this Act, as soon as
14361114 practicable and not later than August 31, 2020. This subsection
14371115 does not apply to an officer who is exempt from the training
14381116 established under Section 1701.263, Occupations Code, as amended by
14391117 this Act, because the officer has completed the training described
14401118 by Subsection (b-1) of that section.
14411119 (b) Not later than October 1, 2019, a school district with
14421120 an enrollment of fewer than 30,000 students shall adopt the
14431121 training policy for school district peace officers and school
14441122 resource officers required by Section 37.0812, Education Code, as
14451123 amended by this Act.
1446- SECTION 30. Sections 28.002 and 28.004(c), Education Code,
1447- as amended by this Act, apply beginning with the 2019-2020 school
1448- year.
1449- SECTION 31. The Texas Education Agency and the Texas School
1124+ SECTION 26. (a) Except as provided by Subsection (b) of
1125+ this section, Section 28.002(z), Education Code, as added by this
1126+ Act, and Section 28.004, Education Code, as amended by this Act,
1127+ apply beginning with the 2019-2020 school year.
1128+ (b) Sections 12.104(b)(2)(T) and 28.004(q) and (r),
1129+ Education Code, as added by this Act, and Section 28.004(c)(3),
1130+ Education Code, as amended by this Act, apply beginning with the
1131+ 2020-2021 school year.
1132+ SECTION 27. The Texas Education Agency and the Texas School
14501133 Safety Center are required to implement a provision of this Act only
14511134 if the legislature appropriates money specifically for that
14521135 purpose. If the legislature does not appropriate money
14531136 specifically for that purpose, the Texas Education Agency or the
14541137 Texas School Safety Center may, but is not required to, implement a
14551138 provision of this Act using other appropriations available for that
14561139 purpose.
1457- SECTION 32. To the extent of any conflict, this Act prevails
1140+ SECTION 28. To the extent of any conflict, this Act prevails
14581141 over another Act of the 86th Legislature, Regular Session, 2019,
14591142 relating to nonsubstantive additions to and corrections in enacted
14601143 codes.
1461- SECTION 33. This Act takes effect immediately if it
1144+ SECTION 29. This Act takes effect immediately if it
14621145 receives a vote of two-thirds of all the members elected to each
14631146 house, as provided by Section 39, Article III, Texas Constitution.
14641147 If this Act does not receive the vote necessary for immediate
14651148 effect, this Act takes effect September 1, 2019.
1466- ______________________________ ______________________________
1467- President of the Senate Speaker of the House
1468- I hereby certify that S.B. No. 11 passed the Senate on
1469- April 29, 2019, by the following vote: Yeas 29, Nays 2;
1470- May 23, 2019, Senate refused to concur in House amendments and
1471- requested appointment of Conference Committee; May 23, 2019, House
1472- granted request of the Senate; May 26, 2019, Senate adopted
1473- Conference Committee Report by the following vote: Yeas 30,
1474- Nays 1.
1475- ______________________________
1476- Secretary of the Senate
1477- I hereby certify that S.B. No. 11 passed the House, with
1478- amendments, on May 22, 2019, by the following vote: Yeas 135,
1479- Nays 7, three present not voting; May 23, 2019, House granted
1480- request of the Senate for appointment of Conference Committee;
1481- May 26, 2019, House adopted Conference Committee Report by the
1482- following vote: Yeas 137, Nays 8, one present not voting.
1483- ______________________________
1484- Chief Clerk of the House
1485- Approved:
1486- ______________________________
1487- Date
1488- ______________________________
1489- Governor