| 1 | 1 | | 88R3958 DIO-D |
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| 2 | 2 | | By: Patterson H.B. No. 1177 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a school security volunteer program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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| 10 | 10 | | amended by adding Section 37.0816 to read as follows: |
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| 11 | 11 | | Sec. 37.0816. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In |
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| 12 | 12 | | this section: |
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| 13 | 13 | | (1) "Honorably retired" has the meaning assigned by |
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| 14 | 14 | | Section 411.199(c), Government Code. |
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| 15 | 15 | | (2) "Qualified retired law enforcement officer" means |
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| 16 | 16 | | a person who: |
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| 17 | 17 | | (A) meets the qualifications provided by 18 |
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| 18 | 18 | | U.S.C. Section 926C(c); and |
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| 19 | 19 | | (B) is honorably retired. |
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| 20 | 20 | | (3) "Veteran" has the meaning assigned by Section |
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| 21 | 21 | | 521.1235, Transportation Code. |
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| 22 | 22 | | (b) The board of trustees of a school district or the |
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| 23 | 23 | | governing body of an open-enrollment charter school may approve a |
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| 24 | 24 | | program under which the district or school provides written |
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| 25 | 25 | | regulations or written authorization for eligible persons to serve |
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| 26 | 26 | | as school security volunteers by: |
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| 27 | 27 | | (1) providing security services for the district or |
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| 28 | 28 | | school on school grounds, including any location in which an |
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| 29 | 29 | | activity sponsored by the district or school is being conducted, |
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| 30 | 30 | | and in school vehicles; and |
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| 31 | 31 | | (2) carrying a handgun in providing the security |
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| 32 | 32 | | services under Subdivision (1). |
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| 33 | 33 | | (c) A person is eligible to serve as a school security |
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| 34 | 34 | | volunteer for a program approved under this section only if: |
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| 35 | 35 | | (1) the person is not: |
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| 36 | 36 | | (A) an employee of the district or school; |
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| 37 | 37 | | (B) a contractor providing services under a |
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| 38 | 38 | | contract with the district or school; or |
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| 39 | 39 | | (C) a person who otherwise receives compensation |
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| 40 | 40 | | or remuneration from the district or school; |
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| 41 | 41 | | (2) the person is: |
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| 42 | 42 | | (A) a qualified retired law enforcement officer; |
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| 43 | 43 | | or |
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| 44 | 44 | | (B) a veteran; and |
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| 45 | 45 | | (3) the board of trustees or governing body determines |
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| 46 | 46 | | the person is eligible based on the results of a criminal background |
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| 47 | 47 | | check conducted on the person using criminal history record |
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| 48 | 48 | | information obtained by the district or school in accordance with |
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| 49 | 49 | | Section 22.0835. |
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| 50 | 50 | | (d) A school district or open-enrollment charter school |
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| 51 | 51 | | that approves a program under this section must include the program |
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| 52 | 52 | | in the district's or school's multihazard emergency operations plan |
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| 53 | 53 | | required under Section 37.108. |
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| 54 | 54 | | (e) A school district or open-enrollment charter school |
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| 55 | 55 | | that approves a program under this section must provide to each |
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| 56 | 56 | | school security volunteer a course of instruction on the safety and |
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| 57 | 57 | | security policies of the district or school and must include |
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| 58 | 58 | | instruction about the district's or school's multihazard emergency |
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| 59 | 59 | | operations plan adopted under Section 37.108. |
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| 60 | 60 | | (f) A school security volunteer is immune from civil |
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| 61 | 61 | | liability to the same extent as a professional employee of a school |
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| 62 | 62 | | district under Section 22.0511. This subsection does not limit the |
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| 63 | 63 | | liability of a person for intentional misconduct or gross |
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| 64 | 64 | | negligence. |
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| 65 | 65 | | (g) While providing volunteer security services under |
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| 66 | 66 | | Subsection (b), a school security volunteer may not wear a uniform |
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| 67 | 67 | | or badge that: |
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| 68 | 68 | | (1) contains the word "security"; or |
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| 69 | 69 | | (2) gives the person the appearance of being a peace |
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| 70 | 70 | | officer, personal protection officer, or security officer. |
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| 71 | 71 | | SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is |
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| 72 | 72 | | amended by adding Section 1702.334 to read as follows: |
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| 73 | 73 | | Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter |
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| 74 | 74 | | does not apply to a person who serves as a school security volunteer |
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| 75 | 75 | | for a school district or open-enrollment charter school under a |
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| 76 | 76 | | program adopted under Section 37.0816, Education Code. |
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| 77 | 77 | | SECTION 3. The change in law made by this Act applies |
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| 78 | 78 | | beginning with the 2023-2024 school year. |
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| 79 | 79 | | SECTION 4. This Act takes effect immediately if it receives |
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| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 83 | 83 | | Act takes effect September 1, 2023. |
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