Texas 2021 - 87th Regular

Texas Senate Bill SB168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 168
	1	+	By: Blanco, et al. S.B. No. 168
	2	+	(Ordaz Perez, Allison, Lopez, González of El Paso)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to emergency school drills and exercises conducted by
6	8		public schools.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 37.114, Education Code, is amended to
9	11		read as follows:
10	12		Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND
11	13		EXERCISES [EVACUATIONS]; MANDATORY SCHOOL DRILLS. The
12	14		commissioner, in consultation with the Texas School Safety Center
13	15		and the state fire marshal, shall adopt rules:
14	16		(1) providing best practices [procedures] for
15	17		conducting [evacuating and securing school property during an]
16	18		emergency school drills and exercises, including definitions for
17	19		relevant terms; and
18	20		(2) designating the number of mandatory school drills
19	21		to be conducted each semester of the school year, not to exceed
20	22		eight drills, including designating the number of:
21	23		(A) evacuation fire exit drills; and
22	24		(B) lockdown, lockout, shelter-in-place, and
23	25		evacuation drills.
24	26		SECTION 2. Subchapter D, Chapter 37, Education Code, is
25	27		amended by adding Section 37.1141 to read as follows:
26	28		Sec. 37.1141. ACTIVE THREAT EXERCISES. (a) Before a school
27	29		district may conduct an active threat exercise, including an active
28	30		shooter simulation, the district shall ensure that:
29	31		(1) adequate notice of the exercise is provided to
30	32		students expected to participate in the exercise, the parents of
31	33		those students, and staff likely to be part of the exercise,
32	34		including information regarding:
33	35		(A) the date on which the exercise will occur;
34	36		(B) the content, form, and tone of the exercise;
35	37		and
36	38		(C) whether the exercise will include a live
37	39		simulation that mimics or appears to be an actual shooting
38	40		incident;
39	41		(2) the exercise is announced to students and faculty
40	42		before the start of the exercise, including, if applicable, an
41	43		announcement that the exercise will include a live simulation that
42	44		mimics or appears to be an actual threat, such as a shooting
43	45		incident;
44	46		(3) first responder organizations that would likely
45	47		respond in the event of a false report or alarm are notified
46	48		regarding the exercise;
47	49		(4) a safe zone is created around the area in which the
48	50		exercise will be conducted to keep out actual firearms, ammunition,
49	51		and other weapons, other than firearms, ammunition, or other
50	52		weapons carried by a peace officer, school resource officer, or
51	53		school marshal or any other person authorized by the district to
52	54		carry those items on school grounds;
53	55		(5) the content of the exercise:
54	56		(A) is age appropriate and developmentally
55	57		appropriate;
56	58		(B) has been developed by a team of school
57	59		administrators, teachers, school-based mental health
58	60		professionals, and law enforcement officers, with input from
59	61		parents and students; and
60	62		(C) is designed to support the well-being of
61	63		students who participate in the exercise before, during, and after
62	64		the exercise is conducted; and
63	65		(6) data regarding the efficacy and impact of the
64	66		exercise will be tracked, including any feedback regarding the
65	67		exercise from students, staff, or family members of students or
66	68		staff.
67	69		(b) Subsection (a)(4) may not be construed to prohibit a
68	70		parent, legal guardian, or other person acting on a parent's or
69	71		legal guardian's behalf from transporting or storing in the
70	72		person's motor vehicle a firearm, ammunition, or other weapon that
71	73		the person is legally authorized to possess while the person is
72	74		picking up a child from school.
73	75		(c) A school district shall submit data collected under
74	76		Subsection (a)(6) to the Texas School Safety Center.
75	77		(d) The commissioner may adopt rules as necessary to
76	78		implement this section.
77	79		SECTION 3. Section 12.104(b), Education Code, as amended by
78	80		Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
79	81		(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
80	82		reenacted and amended to read as follows:
81	83		(b) An open-enrollment charter school is subject to:
82	84		(1) a provision of this title establishing a criminal
83	85		offense;
84	86		(2) the provisions in Chapter 554, Government Code;
85	87		and
86	88		(3) a prohibition, restriction, or requirement, as
87	89		applicable, imposed by this title or a rule adopted under this
88	90		title, relating to:
89	91		(A) the Public Education Information Management
90	92		System (PEIMS) to the extent necessary to monitor compliance with
91	93		this subchapter as determined by the commissioner;
92	94		(B) criminal history records under Subchapter C,
93	95		Chapter 22;
94	96		(C) reading instruments and accelerated reading
95	97		instruction programs under Section 28.006;
96	98		(D) accelerated instruction under Section
97	99		28.0211;
98	100		(E) high school graduation requirements under
99	101		Section 28.025;
100	102		(F) special education programs under Subchapter
101	103		A, Chapter 29;
102	104		(G) bilingual education under Subchapter B,
103	105		Chapter 29;
104	106		(H) prekindergarten programs under Subchapter E
105	107		or E-1, Chapter 29;
106	108		(I) extracurricular activities under Section
107	109		33.081;
108	110		(J) discipline management practices or behavior
109	111		management techniques under Section 37.0021;
110	112		(K) health and safety under Chapter 38;
111	113		(L) public school accountability under
112	114		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
113	115		(M) the requirement under Section 21.006 to
114	116		report an educator's misconduct;
115	117		(N) intensive programs of instruction under
116	118		Section 28.0213;
117	119		(O) the right of a school employee to report a
118	120		crime, as provided by Section 37.148;
119	121		(P) bullying prevention policies and procedures
120	122		under Section 37.0832;
121	123		(Q) the right of a school under Section 37.0052
122	124		to place a student who has engaged in certain bullying behavior in a
123	125		disciplinary alternative education program or to expel the student;
124	126		(R) the right under Section 37.0151 to report to
125	127		local law enforcement certain conduct constituting assault or
126	128		harassment;
127	129		(S) a parent's right to information regarding the
128	130		provision of assistance for learning difficulties to the parent's
129	131		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
130	132		(T) establishment of residency under Section
131	133		25.001;
132	134		(U) [(T)] school safety requirements under
133	135		Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114,
134	136		37.1141, 37.115, 37.207, and 37.2071;
135	137		(V) [(T)] the early childhood literacy and
136	138		mathematics proficiency plans under Section 11.185; and
137	139		(W) [(U)] the college, career, and military
138	140		readiness plans under Section 11.186.
139	141		SECTION 4. This Act applies beginning with the 2021-2022
140	142		school year.
141	143		SECTION 5. To the extent of any conflict, this Act prevails
142	144		over another Act of the 87th Legislature, Regular Session, 2021,
143	145		relating to nonsubstantive additions to and corrections in enacted
144	146		codes.
145	147		SECTION 6. This Act takes effect immediately if it receives
146	148		a vote of two-thirds of all the members elected to each house, as
147	149		provided by Section 39, Article III, Texas Constitution. If this
148	150		Act does not receive the vote necessary for immediate effect, this
149	151		Act takes effect September 1, 2021.
150		-	______________________________ ______________________________
151		-	President of the Senate Speaker of the House
152		-	I hereby certify that S.B. No. 168 passed the Senate on
153		-	May 6, 2021, by the following vote: Yeas 27, Nays 3.
154		-	______________________________
155		-	Secretary of the Senate
156		-	I hereby certify that S.B. No. 168 passed the House on
157		-	May 26, 2021, by the following vote: Yeas 114, Nays 33, two
158		-	present not voting.
159		-	______________________________
160		-	Chief Clerk of the House
161		-	Approved:
162		-	______________________________
163		-	Date
164		-	______________________________
165		-	Governor