Texas 2021 87th Regular

Texas House Bill HB3597 Introduced / Bill

Filed 03/10/2021

                    87R9137 MWC-F
 By: Metcalf H.B. No. 3597


 A BILL TO BE ENTITLED
 AN ACT
 relating to policies, procedures, and measures for school safety in
 public schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 37.108(c-2) and (d), Education Code,
 are amended to read as follows:
 (c-2)  A document relating to a school district's or public
 junior college district's multihazard emergency operations plan is
 subject to disclosure if the document enables a person to:
 (1)  verify that the district has established a plan
 and determine the agencies involved in the development of the plan
 and the agencies coordinating with the district to respond to an
 emergency, including the Department of State Health Services, local
 emergency services agencies, law enforcement agencies, health
 departments, and fire departments;
 (2)  verify that the district's plan was reviewed
 within the last 12 months and determine the specific review dates;
 (3)  verify that the plan addresses the five [four]
 phases of emergency management under Subsection (a);
 (4)  verify that district employees have been trained
 to respond to an emergency and determine the types of training, the
 number of employees trained, and the person conducting the
 training;
 (5)  verify that each campus in the district has
 conducted mandatory emergency drills and exercises in accordance
 with the plan and determine the frequency of the drills;
 (6)  if the district is a school district, verify that
 the district has established a plan for responding to a train
 derailment if required under Subsection (d);
 (7)  verify that the district has completed a safety
 and security audit under Subsection (b) and determine the date the
 audit was conducted, the person conducting the audit, and the date
 the district presented the results of the audit to the district's
 board of trustees;
 (8)  verify that the district has addressed any
 recommendations by the district's board of trustees for improvement
 of the plan and determine the district's progress within the last 12
 months; and
 (9)  if the district is a school district, verify that
 the district has established a visitor policy and identify the
 provisions governing access to a district building or other
 district property.
 (d)  A school district shall include in its multihazard
 emergency operations plan a policy for responding to a train
 derailment near a district school. A school district is only
 required to adopt the policy described by this subsection if a
 [district] school district facility is located within 1,000 yards
 of a railroad track, as measured from any point on the school's real
 property boundary line. The school district may use any available
 community resources in developing the policy described by this
 subsection.
 SECTION 2.  Section 37.114, Education Code, is amended to
 read as follows:
 Sec. 37.114.  EMERGENCY EVACUATIONS; MANDATORY SCHOOL
 DRILLS. The commissioner, in consultation with the Texas School
 Safety Center and the state fire marshal, shall adopt rules:
 (1)  providing procedures for evacuating and securing
 school property during an emergency; and
 (2)  designating the number and type of mandatory
 school drills to be conducted each semester of the school year, not
 to exceed a total of eight drills[, including designating the
 number of:
 [(A)  evacuation fire exit drills; and
 [(B)  lockdown, lockout, shelter-in-place, and
 evacuation drills].
 SECTION 3.  Section 37.115(d), Education Code, is amended to
 read as follows:
 (d)  The superintendent of the district shall ensure, to the
 greatest extent practicable, that the members appointed to each
 team have expertise in counseling, behavior management, mental
 health and substance use, classroom instruction, special
 education, school administration, school safety and security,
 emergency management, and law enforcement. A team may serve more
 than one campus of a school district, provided that each district
 campus is assigned a team.
 SECTION 4.  Section 37.207(e), Education Code, is amended to
 read as follows:
 (e)  If three [six] months after the date of the initial
 notification required by Subsection (d) the district has still not
 reported the results of its audit to the center, the center shall
 notify the agency and the district of the district's requirement to
 conduct a public hearing under Section 37.1081. This subsection
 applies only to a school district.
 SECTION 5.  Section 37.2121, Education Code, is amended by
 amending Subsection (d) and adding Subsection (d-1) to read as
 follows:
 (d)  Each school district that enters into a memorandum of
 understanding or mutual aid agreement addressing issues that affect
 school safety and security shall, at the center's request, provide
 a copy of the memorandum or agreement [following information] to
 the center[:
 [(1)  the name of each entity with which the school
 district has entered into a memorandum of understanding or mutual
 aid agreement;
 [(2)  the effective date of each memorandum or
 agreement; and
 [(3)  a summary of each memorandum or agreement].
 (d-1)  A copy of a memorandum of understanding or mutual aid
 agreement provided to the center under Subsection (d) is
 confidential and not subject to disclosure under Chapter 552,
 Government Code.
 SECTION 6.  Subchapter F, Chapter 411, Government Code, is
 amended by adding Section 411.14055 to read as follows:
 Sec. 411.14055.  ACCESS TO CRIMINAL HISTORY RECORD
 INFORMATION: TEXAS STATE UNIVERSITY. Texas State University is
 entitled to obtain from the department criminal history record
 information maintained by the department that relates to a person
 who is registering with the Texas School Safety Center to provide
 school safety or security consulting services under Section
 37.2091, Education Code.
 SECTION 7.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2021.