| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the duties of school district peace officers, school |
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| 6 | 8 | | resource officers, and security personnel. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 30.052(l), Education Code, is amended to |
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| 9 | 11 | | read as follows: |
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| 10 | 12 | | (l) The governing board of the Texas School for the Deaf may |
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| 11 | 13 | | employ security personnel, enter into a memorandum of understanding |
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| 12 | 14 | | with a local law enforcement agency for the provision of school |
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| 13 | 15 | | resource officers, and [may] commission peace officers in the same |
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| 14 | 16 | | manner as a board of trustees of a school district under Section |
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| 15 | 17 | | 37.081. |
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| 16 | 18 | | SECTION 2. The heading to Section 37.081, Education Code, |
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| 17 | 19 | | is amended to read as follows: |
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| 18 | 20 | | Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL |
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| 19 | 21 | | RESOURCE OFFICERS, AND SECURITY PERSONNEL. |
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| 20 | 22 | | SECTION 3. Section 37.081, Education Code, is amended by |
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| 21 | 23 | | amending Subsections (a) and (d) and adding Subsections (d-1), |
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| 22 | 24 | | (d-2), (d-3), and (d-4) to read as follows: |
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| 23 | 25 | | (a) The board of trustees of any school district may employ |
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| 24 | 26 | | security personnel, enter into a memorandum of understanding with a |
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| 25 | 27 | | local law enforcement agency for the provision of school resource |
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| 26 | 28 | | officers, and [may] commission peace officers to carry out this |
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| 27 | 29 | | subchapter. If a board of trustees authorizes a person employed as |
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| 28 | 30 | | security personnel to carry a weapon, the person must be a |
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| 29 | 31 | | commissioned peace officer. The jurisdiction of a peace officer, a |
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| 30 | 32 | | school resource officer, or security personnel under this section |
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| 31 | 33 | | shall be determined by the board of trustees and may include all |
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| 32 | 34 | | territory in the boundaries of the school district and all property |
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| 33 | 35 | | outside the boundaries of the district that is owned, leased, or |
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| 34 | 36 | | rented by or otherwise under the control of the school district and |
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| 35 | 37 | | the board of trustees that employ the peace officer or security |
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| 36 | 38 | | personnel or that enter into a memorandum of understanding for the |
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| 37 | 39 | | provision of a school resource officer. |
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| 38 | 40 | | (d) The [A school district peace officer shall perform law |
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| 39 | 41 | | enforcement duties for the school district as determined by the] |
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| 40 | 42 | | board of trustees of the school district shall determine the law |
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| 41 | 43 | | enforcement duties of peace officers, school resource officers, and |
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| 42 | 44 | | security personnel. The duties must be included in: |
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| 43 | 45 | | (1) the district improvement plan under Section |
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| 44 | 46 | | 11.252; |
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| 45 | 47 | | (2) the student code of conduct adopted under Section |
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| 46 | 48 | | 37.001; |
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| 47 | 49 | | (3) any memorandum of understanding providing for a |
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| 48 | 50 | | school resource officer; and |
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| 49 | 51 | | (4) any other campus or district document describing |
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| 50 | 52 | | the role of peace officers, school resource officers, or security |
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| 51 | 53 | | personnel in the district. |
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| 52 | 54 | | (d-1) A school district peace officer, a school resource |
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| 53 | 55 | | officer, and security personnel shall perform law enforcement |
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| 54 | 56 | | duties for the school district that [Those duties] must include |
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| 55 | 57 | | protecting: |
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| 56 | 58 | | (1) the safety and welfare of any person in the |
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| 57 | 59 | | jurisdiction of the peace officer, resource officer, or security |
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| 58 | 60 | | personnel; and |
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| 59 | 61 | | (2) the property of the school district. |
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| 60 | 62 | | (d-2) A school district may not assign or require as duties |
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| 61 | 63 | | of a school district peace officer, a school resource officer, or |
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| 62 | 64 | | security personnel: |
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| 63 | 65 | | (1) routine student discipline or school |
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| 64 | 66 | | administrative tasks; or |
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| 65 | 67 | | (2) contact with students unrelated to the law |
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| 66 | 68 | | enforcement duties of the peace officer, resource officer, or |
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| 67 | 69 | | security personnel. |
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| 68 | 70 | | (d-3) This section does not prohibit a school district peace |
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| 69 | 71 | | officer, a school resource officer, or security personnel from |
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| 70 | 72 | | informal contact with a student unrelated to: |
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| 71 | 73 | | (1) the assigned duties of the officer or security |
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| 72 | 74 | | personnel; or |
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| 73 | 75 | | (2) an incident involving student behavior or law |
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| 74 | 76 | | enforcement. |
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| 75 | 77 | | (d-4) In determining the law enforcement duties under |
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| 76 | 78 | | Subsection (d), the board of trustees of the school district shall |
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| 77 | 79 | | coordinate with district campus behavior coordinators and other |
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| 78 | 80 | | district employees to ensure that school district peace officers, |
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| 79 | 81 | | school resource officers, and security personnel are tasked only |
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| 80 | 82 | | with duties related to law enforcement intervention and not tasked |
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| 81 | 83 | | with behavioral or administrative duties better addressed by other |
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| 82 | 84 | | district employees. |
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| 83 | 85 | | SECTION 4. This Act takes effect immediately if it receives |
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| 84 | 86 | | a vote of two-thirds of all the members elected to each house, as |
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| 85 | 87 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 86 | 88 | | Act does not receive the vote necessary for immediate effect, this |
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| 87 | 89 | | Act takes effect September 1, 2019. |
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