Texas 2021 - 87th Regular

Texas House Bill HB3597 Compare Versions

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1-H.B. No. 3597
1+By: Metcalf (Senate Sponsor - Paxton) H.B. No. 3597
2+ (In the Senate - Received from the House May 10, 2021;
3+ May 10, 2021, read first time and referred to Committee on
4+ Education; May 24, 2021, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 9, Nays 0;
6+ May 24, 2021, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 3597 By: Paxton
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310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to policies, procedures, and measures for school safety in
614 public schools.
715 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
816 SECTION 1. Sections 37.108(c-2) and (d), Education Code,
917 are amended to read as follows:
1018 (c-2) A document relating to a school district's or public
1119 junior college district's multihazard emergency operations plan is
1220 subject to disclosure if the document enables a person to:
1321 (1) verify that the district has established a plan
1422 and determine the agencies involved in the development of the plan
1523 and the agencies coordinating with the district to respond to an
1624 emergency, including the Department of State Health Services, local
1725 emergency services agencies, law enforcement agencies, health
1826 departments, and fire departments;
1927 (2) verify that the district's plan was reviewed
2028 within the last 12 months and determine the specific review dates;
2129 (3) verify that the plan addresses the five [four]
2230 phases of emergency management under Subsection (a);
2331 (4) verify that district employees have been trained
2432 to respond to an emergency and determine the types of training, the
2533 number of employees trained, and the person conducting the
2634 training;
2735 (5) verify that each campus in the district has
2836 conducted mandatory emergency drills and exercises in accordance
2937 with the plan and determine the frequency of the drills;
3038 (6) if the district is a school district, verify that
3139 the district has established a plan for responding to a train
3240 derailment if required under Subsection (d);
3341 (7) verify that the district has completed a safety
3442 and security audit under Subsection (b) and determine the date the
3543 audit was conducted, the person conducting the audit, and the date
3644 the district presented the results of the audit to the district's
3745 board of trustees;
3846 (8) verify that the district has addressed any
3947 recommendations by the district's board of trustees for improvement
4048 of the plan and determine the district's progress within the last 12
4149 months; and
4250 (9) if the district is a school district, verify that
4351 the district has established a visitor policy and identify the
4452 provisions governing access to a district building or other
4553 district property.
4654 (d) A school district shall include in its multihazard
4755 emergency operations plan a policy for responding to a train
4856 derailment near a district school. A school district is only
4957 required to adopt the policy described by this subsection if a
5058 [district] school district facility is located within 1,000 yards
5159 of a railroad track, as measured from any point on the school's real
5260 property boundary line. The school district may use any available
5361 community resources in developing the policy described by this
5462 subsection.
5563 SECTION 2. Section 37.114, Education Code, is amended to
5664 read as follows:
5765 Sec. 37.114. EMERGENCY EVACUATIONS; MANDATORY SCHOOL
5866 DRILLS. The commissioner, in consultation with the Texas School
5967 Safety Center and the state fire marshal, shall adopt rules:
6068 (1) providing procedures for evacuating and securing
6169 school property during an emergency; and
6270 (2) designating the number and type of mandatory
6371 school drills to be conducted each semester of the school year, not
6472 to exceed a total of eight drills[, including designating the
6573 number of:
6674 [(A) evacuation fire exit drills; and
6775 [(B) lockdown, lockout, shelter-in-place, and
6876 evacuation drills].
6977 SECTION 3. Section 37.115(d), Education Code, is amended to
7078 read as follows:
7179 (d) The superintendent of the district shall ensure, to the
7280 greatest extent practicable, that the members appointed to each
7381 team have expertise in counseling, behavior management, mental
7482 health and substance use, classroom instruction, special
7583 education, school administration, school safety and security,
7684 emergency management, and law enforcement. A team may serve more
7785 than one campus of a school district, provided that each district
7886 campus is assigned a team.
7987 SECTION 4. Section 37.207(e), Education Code, is amended to
8088 read as follows:
8189 (e) If three [six] months after the date of the initial
8290 notification required by Subsection (d) the district has still not
8391 reported the results of its audit to the center, the center shall
8492 notify the agency and the district of the district's requirement to
8593 conduct a public hearing under Section 37.1081. This subsection
8694 applies only to a school district.
8795 SECTION 5. Section 37.2121, Education Code, is amended by
8896 amending Subsection (d) and adding Subsection (d-1) to read as
8997 follows:
9098 (d) Each school district that enters into a memorandum of
9199 understanding or mutual aid agreement addressing issues that affect
92100 school safety and security shall, at the center's request, provide
93101 a copy of the memorandum or agreement [following information] to
94102 the center[:
95103 [(1) the name of each entity with which the school
96104 district has entered into a memorandum of understanding or mutual
97105 aid agreement;
98106 [(2) the effective date of each memorandum or
99107 agreement; and
100108 [(3) a summary of each memorandum or agreement].
101109 (d-1) A copy of a memorandum of understanding or mutual aid
102110 agreement provided to the center under Subsection (d) is
103111 confidential and not subject to disclosure under Chapter 552,
104112 Government Code.
105113 SECTION 6. Subchapter F, Chapter 411, Government Code, is
106114 amended by adding Section 411.14055 to read as follows:
107115 Sec. 411.14055. ACCESS TO CRIMINAL HISTORY RECORD
108116 INFORMATION: TEXAS SCHOOL SAFETY CENTER. The Texas School Safety
109117 Center at Texas State University is entitled to obtain from the
110118 department criminal history record information maintained by the
111119 department that relates to a person who is registering with the
112120 Texas School Safety Center to provide school safety or security
113121 consulting services under Section 37.2091, Education Code.
114122 SECTION 7. This Act takes effect immediately if it receives
115123 a vote of two-thirds of all the members elected to each house, as
116124 provided by Section 39, Article III, Texas Constitution. If this
117125 Act does not receive the vote necessary for immediate effect, this
118126 Act takes effect September 1, 2021.
119- ______________________________ ______________________________
120- President of the Senate Speaker of the House
121- I certify that H.B. No. 3597 was passed by the House on May 8,
122- 2021, by the following vote: Yeas 134, Nays 5, 2 present, not
123- voting; and that the House concurred in Senate amendments to H.B.
124- No. 3597 on May 28, 2021, by the following vote: Yeas 139, Nays 9,
125- 1 present, not voting.
126- ______________________________
127- Chief Clerk of the House
128- I certify that H.B. No. 3597 was passed by the Senate, with
129- amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
130- 0.
131- ______________________________
132- Secretary of the Senate
133- APPROVED: __________________
134- Date
135- __________________
136- Governor
127+ * * * * *