88R3958 DIO-D
By: Patterson H.B. No. 1177
A BILL TO BE ENTITLED
AN ACT
relating to a school security volunteer program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0816 to read as follows:
Sec. 37.0816. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In
this section:
(1) "Honorably retired" has the meaning assigned by
Section 411.199(c), Government Code.
(2) "Qualified retired law enforcement officer" means
a person who:
(A) meets the qualifications provided by 18
U.S.C. Section 926C(c); and
(B) is honorably retired.
(3) "Veteran" has the meaning assigned by Section
521.1235, Transportation Code.
(b) The board of trustees of a school district or the
governing body of an open-enrollment charter school may approve a
program under which the district or school provides written
regulations or written authorization for eligible persons to serve
as school security volunteers by:
(1) providing security services for the district or
school on school grounds, including any location in which an
activity sponsored by the district or school is being conducted,
and in school vehicles; and
(2) carrying a handgun in providing the security
services under Subdivision (1).
(c) A person is eligible to serve as a school security
volunteer for a program approved under this section only if:
(1) the person is not:
(A) an employee of the district or school;
(B) a contractor providing services under a
contract with the district or school; or
(C) a person who otherwise receives compensation
or remuneration from the district or school;
(2) the person is:
(A) a qualified retired law enforcement officer;
or
(B) a veteran; and
(3) the board of trustees or governing body determines
the person is eligible based on the results of a criminal background
check conducted on the person using criminal history record
information obtained by the district or school in accordance with
Section 22.0835.
(d) A school district or open-enrollment charter school
that approves a program under this section must include the program
in the district's or school's multihazard emergency operations plan
required under Section 37.108.
(e) A school district or open-enrollment charter school
that approves a program under this section must provide to each
school security volunteer a course of instruction on the safety and
security policies of the district or school and must include
instruction about the district's or school's multihazard emergency
operations plan adopted under Section 37.108.
(f) A school security volunteer is immune from civil
liability to the same extent as a professional employee of a school
district under Section 22.0511. This subsection does not limit the
liability of a person for intentional misconduct or gross
negligence.
(g) While providing volunteer security services under
Subsection (b), a school security volunteer may not wear a uniform
or badge that:
(1) contains the word "security"; or
(2) gives the person the appearance of being a peace
officer, personal protection officer, or security officer.
SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is
amended by adding Section 1702.334 to read as follows:
Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter
does not apply to a person who serves as a school security volunteer
for a school district or open-enrollment charter school under a
program adopted under Section 37.0816, Education Code.
SECTION 3. The change in law made by this Act applies
beginning with the 2023-2024 school year.
SECTION 4. 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, 2023.