Texas 2021 - 87th Regular

Texas House Bill HB1016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20898 KJE-D
2		-	By: Ordaz Perez, Allison, Lozano, H.B. No. 1016
3		-	González of El Paso
4		-	Substitute the following for H.B. No. 1016:
5		-	By: Dutton C.S.H.B. No. 1016
	1	+	By: Ordaz Perez H.B. No. 1016
6	2
7	3
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10		-	relating to emergency school drills and exercises conducted by
11		-	public schools.
	6	+	relating to active shooter drills conducted by public schools.
12	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 37.114, Education Code, is amended to
14		-	read as follows:
15		-	Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND
16		-	EXERCISES [EVACUATIONS]; MANDATORY SCHOOL DRILLS. The
17		-	commissioner, in consultation with the Texas School Safety Center
18		-	and the state fire marshal, shall adopt rules:
19		-	(1) providing best practices [procedures] for
20		-	conducting [evacuating and securing school property during an]
21		-	emergency school drills and exercises, including definitions for
22		-	relevant terms; and
23		-	(2) designating the number of mandatory school drills
24		-	to be conducted each semester of the school year, not to exceed
25		-	eight drills, including designating the number of:
26		-	(A) evacuation fire exit drills; and
27		-	(B) lockdown, lockout, shelter-in-place, and
28		-	evacuation drills.
29		-	SECTION 2. Subchapter D, Chapter 37, Education Code, is
	8	+	SECTION 1. Subchapter D, Chapter 37, Education Code, is
30	9		amended by adding Section 37.1141 to read as follows:
31		-	Sec. 37.1141. ACTIVE THREAT EXERCISES. (a) Before a school
32		-	district may conduct an active threat exercise, including an active
33		-	shooter simulation, the district shall ensure that:
34		-	(1) adequate notice of the exercise is provided to
35		-	students expected to participate in the exercise, the parents of
36		-	those students, and staff likely to be part of the exercise,
37		-	including information regarding:
38		-	(A) the date on which the exercise will occur;
39		-	(B) the content, form, and tone of the exercise;
40		-	and
41		-	(C) whether the exercise will include a live
42		-	simulation that mimics or appears to be an actual shooting
43		-	incident;
44		-	(2) the exercise is announced to students and faculty
45		-	before the start of the exercise, including, if applicable, an
46		-	announcement that the exercise will include a live simulation that
47		-	mimics or appears to be an actual threat, such as a shooting
48		-	incident;
49		-	(3) first responder organizations that would likely
50		-	respond in the event of a false report or alarm are notified
51		-	regarding the exercise;
52		-	(4) a safe zone is created around the area in which the
53		-	exercise will be conducted to keep out actual firearms, ammunition,
54		-	and other weapons;
55		-	(5) the content of the exercise:
56		-	(A) is age appropriate and developmentally
	10	+	Sec. 37.1141. ACTIVE SHOOTER DRILL REQUIREMENTS. (a)
	11	+	Before a school district may conduct an active shooter drill, the
	12	+	district must adopt a policy on active shooter drills that complies
	13	+	with this section.
	14	+	(b) The policy must:
	15	+	(1) prohibit an active shooter drill from including
	16	+	simulations that mimic or appear to be an actual shooting incident;
	17	+	(2) require that adequate notice of an active shooter
	18	+	drill be provided to parents of students expected to participate in
	19	+	the drill, including information regarding:
	20	+	(A) the date on which the drill will occur; and
	21	+	(B) the content, form, and tone of the drill;
	22	+	(3) require the announcement of an active shooter
	23	+	drill to students and faculty before the start of the drill;
	24	+	(4) establish standards regarding the content of an
	25	+	active shooter drill, including that the content:
	26	+	(A) be age appropriate and developmentally
57	27		appropriate;
58		-	(B) ~~has been~~ developed by a team of school
	28	+	(B) be developed by a team of school
59	29		administrators, teachers, school-based mental health
60	30		professionals, and law enforcement officers, with input from
61	31		parents and students; and
62		-	(C) is designed to support the well-being of
63		-	students who participate in the exercise before, during, and after
64		-	the exercise is conducted; and
65		-	(6) data regarding the efficacy and impact of the
66		-	exercise will be tracked, including any feedback regarding the
67		-	exercise from students, staff, or family members of students or
68		-	staff.
69		-	(b) A school district shall submit data collected under
70		-	Subsection (a)(6) to the Texas School Safety Center.
71		-	(c) The commissioner may adopt rules as necessary to
72		-	implement this section.
73		-	SECTION 3. Section 12.104(b), Education Code, as amended by
	32	+	(C) incorporate trauma-informed practices to
	33	+	directly address the well-being of students who participate in the
	34	+	drill; and
	35	+	(5) provide for the tracking of data regarding the
	36	+	efficacy and impact of active shooter drills conducted by the
	37	+	district, including any symptoms or indicators of trauma among
	38	+	student participants that result from such a drill.
	39	+	SECTION 2. Section 12.104(b), Education Code, as amended by
74	40		Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
75	41		(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
76	42		reenacted and amended to read as follows:
77	43		(b) An open-enrollment charter school is subject to:
78	44		(1) a provision of this title establishing a criminal
79	45		offense;
80	46		(2) the provisions in Chapter 554, Government Code;
81	47		and
82	48		(3) a prohibition, restriction, or requirement, as
83	49		applicable, imposed by this title or a rule adopted under this
84	50		title, relating to:
85	51		(A) the Public Education Information Management
86	52		System (PEIMS) to the extent necessary to monitor compliance with
87	53		this subchapter as determined by the commissioner;
88	54		(B) criminal history records under Subchapter C,
89	55		Chapter 22;
90	56		(C) reading instruments and accelerated reading
91	57		instruction programs under Section 28.006;
92	58		(D) accelerated instruction under Section
93	59		28.0211;
94	60		(E) high school graduation requirements under
95	61		Section 28.025;
96	62		(F) special education programs under Subchapter
97	63		A, Chapter 29;
98	64		(G) bilingual education under Subchapter B,
99	65		Chapter 29;
100	66		(H) prekindergarten programs under Subchapter E
101	67		or E-1, Chapter 29;
102	68		(I) extracurricular activities under Section
103	69		33.081;
104	70		(J) discipline management practices or behavior
105	71		management techniques under Section 37.0021;
106	72		(K) health and safety under Chapter 38;
107	73		(L) public school accountability under
108	74		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
109	75		(M) the requirement under Section 21.006 to
110	76		report an educator's misconduct;
111	77		(N) intensive programs of instruction under
112	78		Section 28.0213;
113	79		(O) the right of a school employee to report a
114	80		crime, as provided by Section 37.148;
115	81		(P) bullying prevention policies and procedures
116	82		under Section 37.0832;
117	83		(Q) the right of a school under Section 37.0052
118	84		to place a student who has engaged in certain bullying behavior in a
119	85		disciplinary alternative education program or to expel the student;
120	86		(R) the right under Section 37.0151 to report to
121	87		local law enforcement certain conduct constituting assault or
122	88		harassment;
123	89		(S) a parent's right to information regarding the
124	90		provision of assistance for learning difficulties to the parent's
125	91		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
126	92		(T) establishment of residency under Section
127	93		25.001;
128	94		(U) [(T)] school safety requirements under
129	95		Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114,
130	96		37.1141, 37.115, 37.207, and 37.2071;
131	97		(V) [(T)] the early childhood literacy and
132	98		mathematics proficiency plans under Section 11.185; and
133	99		(W) [(U)] the college, career, and military
134	100		readiness plans under Section 11.186.
135		-	SECTION 4. This Act applies beginning with the 2021-2022
	101	+	SECTION 3. This Act applies beginning with the 2021-2022
136	102		school year.
137		-	SECTION 5. To the extent of any conflict, this Act prevails
	103	+	SECTION 4. To the extent of any conflict, this Act prevails
138	104		over another Act of the 87th Legislature, Regular Session, 2021,
139	105		relating to nonsubstantive additions to and corrections in enacted
140	106		codes.
141		-	SECTION 6. This Act takes effect immediately if it receives
	107	+	SECTION 5. This Act takes effect immediately if it receives
142	108		a vote of two-thirds of all the members elected to each house, as
143	109		provided by Section 39, Article III, Texas Constitution. If this
144	110		Act does not receive the vote necessary for immediate effect, this
145	111		Act takes effect September 1, 2021.