Texas 2021 - 87th Regular

Texas House Bill HB4079 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3884 GCB-D
2	2	By: Talarico H.B. No. 4079
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a mental health professional to school law enforcement
8	8	official ratio for public schools and the use of the school safety
9	9	allotment to employ mental health professionals.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 37, Education Code, is
12	12	amended by adding Section 37.0818 to read as follows:
13	13	Sec. 37.0818. MENTAL HEALTH PROFESSIONAL TO SCHOOL LAW
14	14	ENFORCEMENT OFFICIAL RATIOS. (a) In this section:
15	15	(1) "Mental health professional" means:
16	16	(A) a school counselor certified under
17	17	Subchapter B, Chapter 21;
18	18	(B) a licensed specialist in school psychology,
19	19	as defined by Section 501.002, Occupations Code;
20	20	(C) a licensed professional counselor, as
21	21	defined by Section 503.002, Occupations Code; or
22	22	(D) a licensed clinical social worker, as defined
23	23	by Section 505.002, Occupations Code.
24	24	(2) "School district peace officer" means a peace
25	25	officer commissioned under Section 37.081.
26	26	(3) "School law enforcement official" means:
27	27	(A) a security officer employed by a school
28	28	district or open-enrollment charter school;
29	29	(B) a person who provides security services under
30	30	a contract with a school district or open-enrollment charter
31	31	school;
32	32	(C) a school district peace officer; or
33	33	(D) a school resource officer who provides a
34	34	regular presence on a school district or open-enrollment charter
35	35	school campus under a memorandum of understanding between the
36	36	district or school and a local law enforcement agency.
37	37	(b) A school district or open-enrollment charter school
38	38	that employs, commissions, or contracts for the services of a
39	39	school law enforcement official to carry out this subchapter shall
40	40	maintain a mental health professional to school law enforcement
41	41	official ratio that is not less than:
42	42	(1) four mental health professionals for each school
43	43	law enforcement official if the district or school has a student
44	44	enrollment of 5,000 or more students;
45	45	(2) three mental health professionals for each school
46	46	law enforcement official if the district or school has a student
47	47	enrollment of more than 500 and less than 5,000; and
48	48	(3) two mental health professionals for each school
49	49	law enforcement official if the district or school has a student
50	50	enrollment of 500 or less.
51	51	(c) A school district or open-enrollment charter school may
52	52	apply under Section 7.056 to the commissioner for a waiver of the
53	53	ratio requirement imposed under Subsection (b). In addition to the
54	54	requirements under Section 7.056(b), a school district or
55	55	open-enrollment charter school requesting a waiver shall submit to
56	56	the commissioner within the period prescribed by Section 7.056(b)
57	57	documentation approved by the board of trustees of the district or
58	58	the governing body of the school showing that the district or school
59	59	made a good faith but unsuccessful attempt to obtain the applicable
60	60	number of mental health professionals required under Subsection
61	61	(b).
62	62	(c-1) Notwithstanding Subsection (c), a school district or
63	63	open-enrollment charter school that applies under Section 7.056(b)
64	64	to the commissioner for a waiver of the ratio requirement imposed
65	65	under Subsection (b) of this section for the 2021-2022 school year
66	66	is not required to submit documentation showing that the district
67	67	or school made a good faith but unsuccessful attempt to obtain the
68	68	applicable number of mental health professionals required under
69	69	Subsection (b). This subsection expires September 1, 2022.
70	70	(d) A school district or open-enrollment charter school
71	71	that receives a waiver of the ratio requirement imposed under
72	72	Subsection (b) shall ensure that each school law enforcement
73	73	official complete appropriate training by:
74	74	(1) verifying that each school law enforcement
75	75	official subject to Section 1701.263, Occupations Code, has
76	76	completed the required education and training program; and
77	77	(2) for any school law enforcement official who is not
78	78	subject to Section 1701.263, Occupations Code, requiring the
79	79	official to complete:
80	80	(A) positive behavior interventions and supports
81	81	training provided by a regional education service center; or
82	82	(B) a school safety course provided by the Texas
83	83	School Safety Center under Section 37.205.
84	84	SECTION 2. Section 42.168, Education Code, as added by
85	85	Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular
86	86	Session, 2019, is transferred to Subchapter C, Chapter 48,
87	87	Education Code, redesignated as Section 48.115, Education Code,
88	88	amended to conform to changes made by Chapter 943 (H.B. 3), Acts of
89	89	the 86th Legislature, Regular Session, 2019, and further amended to
90	90	read as follows:
91	91	Sec. 48.115 [42.168]. SCHOOL SAFETY ALLOTMENT. (a) From
92	92	funds appropriated for that purpose, the commissioner shall provide
93	93	to a school district an annual allotment in the amount provided by
94	94	appropriation for each student in average daily attendance.
95	95	(b) Funds allocated under this section must be used to
96	96	improve school safety and security, including costs associated
97	97	with:
98	98	(1) securing school facilities, including:
99	99	(A) improvements to school infrastructure;
100	100	(B) the use or installation of physical barriers;
101	101	and
102	102	(C) the purchase and maintenance of:
103	103	(i) security cameras or other security
104	104	equipment; and
105	105	(ii) technology, including communications
106	106	systems or devices, that facilitates communication and information
107	107	sharing between students, school personnel, and first responders in
108	108	an emergency;
109	109	(2) providing security for the district, including:
110	110	(A) employing school district peace officers,
111	111	private security officers, and school marshals; and
112	112	(B) collaborating with local law enforcement
113	113	agencies, such as entering into a memorandum of understanding for
114	114	the assignment of school resource officers to schools in the
115	115	district;
116	116	(3) school safety and security training and planning,
117	117	including:
118	118	(A) active shooter and emergency response
119	119	training;
120	120	(B) prevention and treatment programs relating
121	121	to addressing adverse childhood experiences; and
122	122	(C) the prevention, identification, and
123	123	management of emergencies and threats, including:
124	124	(i) providing mental health personnel and
125	125	support;
126	126	(ii) providing behavioral health services;
127	127	and
128	128	(iii) establishing threat reporting
129	129	systems; [and]
130	130	(4) providing programs related to suicide prevention,
131	131	intervention, and postvention; and
132	132	(5) establishing and maintaining the mental health
133	133	professional to school law enforcement official ratio required by
134	134	Section 37.0818.
135	135	(c) A school district may use funds allocated under this
136	136	section for equipment or software that is used for a school safety
137	137	and security purpose and an instructional purpose, provided that
138	138	the instructional use does not compromise the safety and security
139	139	purpose of the equipment or software.
140	140	(d) A school district that is required to take action under
141	141	Chapter 49 [41] to reduce its local revenue level [wealth per
142	142	student] to the [equalized wealth] level established under Section
143	143	48.257 is entitled to a credit, in the amount of the allotments to
144	144	which the district is to receive as provided by appropriation,
145	145	against the total amount required under Section 49.153 [41.093] for
146	146	the district to purchase attendance credit [credits].
147	147	(e) The commissioner may adopt rules to implement this
148	148	section.
149	149	SECTION 3. To the extent of any conflict, this Act prevails
150	150	over another Act of the 87th Legislature, Regular Session, 2021,
151	151	relating to nonsubstantive additions to and corrections in enacted
152	152	codes.
153	153	SECTION 4. This Act applies beginning with the 2021-2022
154	154	school year.
155	155	SECTION 5. This Act takes effect immediately if it receives
156	156	a vote of two-thirds of all the members elected to each house, as
157	157	provided by Section 39, Article III, Texas Constitution. If this
158	158	Act does not receive the vote necessary for immediate effect, this
159	159	Act takes effect September 1, 2021.