By: King of Hemphill, Burrows, H.B. No. 13
King of Uvalde, González of El Paso,
A BILL TO BE ENTITLED
AN ACT
relating to training, preparedness, and funding for school safety
and emergencies in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.904 to read as follows:
Sec. 22.904. MENTAL HEALTH FIRST AID TRAINING. (a) Except
as otherwise provided by this section, a school district shall
require each district employee who regularly interacts with
students enrolled at the district to complete an evidence-based
mental health first aid training program designed to provide
instruction to participants regarding the recognition and support
of children and youth who experience a mental health or substance
use issue that may pose a threat to school safety.
(b) A school district may not require a district employee
who has previously completed mental health first aid training
offered by a local mental health authority under Section 1001.203,
Health and Safety Code, to complete the training required by this
section.
(c) The agency shall provide an allotment to each school
district equal to the sum of the amount district employees spent on
travel and training fees and the product of each employee's hourly
salary multiplied by the number of hours that employee spent
completing the training in accordance with commissioner rule to
comply with this section. An allotment provided to a district under
this section must be used to reimburse the employee for the cost of
travel and training fees and to compensate the employee for the time
spent completing the training required by this section.
(d) The State Board for Educator Certification shall
propose rules allowing an educator to receive credit toward the
educator's continuing education requirements under Section
21.054(g) for the educator's participation in mental health first
aid training under this section.
(e) The commissioner shall adopt rules to implement this
section, including rules specifying the training fees and travel
expenses subject to reimbursement under Subsection (c).
SECTION 2. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9074 to read as follows:
Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To
educate students about the dangers posed by the drug fentanyl and
the risks of fentanyl poisoning, including overdose, the governor
shall designate a week to be known as Fentanyl Poisoning Awareness
Week in public schools.
(b) Fentanyl Poisoning Awareness Week may include
age-appropriate instruction, including instruction on the
prevention of the abuse of and addiction to fentanyl, as determined
by each school district.
SECTION 3. Section 37.0812(a), Education Code, is amended
to read as follows:
(a) A school district peace officer or school resource
officer shall complete an active shooter response training program
approved by the Texas Commission on Law Enforcement at least once in
each four-year period.
SECTION 4. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.08121 to read as follows:
Sec. 37.08121. SCHOOL SENTINEL PROGRAM, TRAINING, AND
STIPEND. (a) In this section, "school sentinel" means a school
district or open-enrollment charter school employee who, pursuant
to the written regulations or written authorization of the district
or school under Section 46.03(a)(1)(A), Penal Code, is authorized
to carry or possess a specified weapon for the purpose of providing
safety and security on the physical premises of the employee's
school, any grounds or building on which an activity sponsored by
the school is being conducted, or a passenger transportation
vehicle of the school.
(b) A school district or open-enrollment charter school may
establish a school sentinel program in accordance with this section
for the purposes of school safety and security on school premises.
The written regulation or authorization of a school district or
open-enrollment charter school that authorizes the presence of a
school sentinel must require the sentinel to complete a school
sentinel training program approved by the agency under this section
before being permitted to carry or possess a weapon on the physical
premises of the school for the purposes of providing safety and
security.
(c) A school district or open-enrollment charter school
that authorizes the presence of a school guardian under this
section shall:
(1) designate a marking or uniform that identifies to
a law enforcement agency that the person is a school guardian;
(2) require each school guardian to wear a marking or
uniform described by Subdivision (1) while providing school
guardian services at the district or school in the manner provided
under Subsection (a); and
(3) maintain information regarding the marking or
uniform designated under Subdivision (1) as confidential except
that the district or school shall disclose the information to an
appropriate law enforcement agency in accordance with Section
37.108(g).
(d) The agency may only approve a school sentinel training
program if the program:
(1) requires completion of all training required for a
school marshal, including the training program provided under
Section 1701.260, Occupations Code; and
(2) includes instruction in mental health first aid
and trauma-informed care.
(e) From funds appropriated or otherwise available for the
purpose, a school district or open-enrollment charter school
employee is entitled to a stipend in an amount determined by the
commissioner of not more than $25,000 per school year that the
employee serves as a school sentinel after completing the training
program required by this section. A stipend received under this
subsection is not considered a part of the employee's compensation,
including for purposes of determining whether a school district is
paying an employee the minimum monthly salary under Section 21.402.
(f) The commissioner shall adopt rules necessary to
implement this section.
SECTION 5. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.089 to read as follows:
Sec. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL
GROUNDS. (a) Subject to Subsection (b), a person permitted to carry
a firearm on the campus of a school district may not perform the
routine law enforcement duties of a peace officer, including making
arrests, unless the duty is performed in response to an emergency
that poses a threat of death or serious bodily injury to a student,
school district employee, or other individual at the district
campus.
(b) Subsection (a) does not apply to a commissioned peace
officer who is assigned law enforcement duties that are included in
campus and district documents describing the role of peace officers
in the district as required by Section 37.081(d).
SECTION 6. Section 37.115(c), Education Code, is amended to
read as follows:
(c) The board of trustees of each school district shall
establish a threat assessment and safe and supportive school team
to serve at each campus of the district and shall adopt policies and
procedures for the teams. The team is responsible for developing
and implementing the safe and supportive school program under
Subsection (b) at the district campus served by the team. The
policies and procedures adopted under this section must:
(1) be consistent with the model policies and
procedures developed by the Texas School Safety Center;
(2) require each team to complete training provided by
the Texas School Safety Center or a regional education service
center regarding evidence-based threat assessment programs; [and]
(3) require each team established under this section
to report the information required under Subsection (k) regarding
the team's activities to the agency; and
(4) require each district campus to establish a clear
procedure for a student to report concerning behavior exhibited by
another student for assessment by the team or other appropriate
school employee.
SECTION 7. Section 37.108(g), Education Code, is amended to
read as follows:
(g) A school district shall include in its multihazard
emergency operations plan an active shooter preparedness appendix.
The active shooter preparedness appendix must include a
certification by the district that the district has provided to
each law enforcement agency with jurisdiction in the district or
geographic area served by the district:
(1) information regarding the identity of the school
guardian authorized under Section 37.08121 at each district campus
and the marking or uniform worn by the school guardian or other
manner in which a law enforcement agency may confidentially
identify the school guardian;
(2) an accurate map of each district campus that is
oriented to true north; and
(3) an opportunity to conduct a walk-through of each
district facility. [a policy for responding to an active shooter
emergency. The school district may use any available community
resources in developing the policy described by this subsection.]
SECTION 8. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.116 to read as follows:
Sec. 37.116. SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.
(a) With funds appropriated or otherwise available for the
purpose, the agency shall establish a grant program to assist
school districts and open-enrollment charter schools with any cost
identified by a district or school as necessary for enhancing the
infrastructure of each district or school campus to meet agency
safety standards.
(b) The commissioner shall adopt rules to implement this
section.
SECTION 9. Section 38.022, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A school district may require a person who enters
property under the district's control [a district campus] to
display the person's driver's license, [or] another form of
identification containing the person's photograph issued by a
governmental entity, or, if applicable, the person's district
employee or student identification card. The person must provide
the identification on request.
(a-1) A school district may eject a person from district
property if:
(1) the person refuses or fails to provide on request
identification described by Subsection (a); and
(2) it reasonably appears that the person has no
legitimate reason to be on district property.
SECTION 10. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.040 to read as follows:
Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING
AWARENESS EDUCATION. (a) Each school district shall annually
provide research-based instruction related to fentanyl abuse
prevention and drug poisoning awareness to students in grades 6
through 12.
(b) The instruction required by this section must include:
(1) suicide prevention;
(2) prevention of the abuse of and addiction to
fentanyl;
(3) awareness of local school and community resources
and any processes involved in accessing those resources; and
(4) health education that includes information about
substance use and abuse, including youth substance use and abuse.
(c) The instruction required by this section may be provided
by an entity or an employee or agent of an entity that is:
(1) a public or private institution of higher
education;
(2) a library;
(3) a community service organization;
(4) a religious organization;
(5) a local public health agency; or
(6) an organization employing mental health
professionals.
SECTION 11. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.046 and 38.047 to read as follows:
Sec. 38.046. FENTANYL CONTAMINATION TRAINING PROGRAM FOR
SCHOOL PERSONNEL. (a) The agency, in cooperation with The
University of Texas Health Science Center at San Antonio, shall
develop:
(1) an evidence-based curriculum for students in
grades 6 through 12 on the dangers of fentanyl contamination for use
by school district and open-enrollment charter school employees;
and
(2) a professional development training program on
providing the training developed under Subdivision (1).
(b) The agency shall distribute curriculum and training
materials for the training program developed under this section to
each regional education service center.
Sec. 38.047. FENTANYL CONTAMINATION GRANT PROGRAM. (a) The
agency shall establish a grant program to provide funding to school
districts and open-enrollment charter schools for community and
school outreach programs on the dangers of fentanyl contamination.
(b) The commissioner may adopt rules as necessary to
administer the grant program established under this section.
SECTION 12. Section 38.351, Education Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) A school district may satisfy a requirement to
implement a program in the area of substance abuse prevention and
intervention by providing instruction related to youth substance
use and abuse education under Section 38.040.
SECTION 13. Section 48.115, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (c-1) and
(c-2) to read as follows:
(a) A [From funds appropriated for that purpose, the
commissioner shall provide to a] school district is entitled to an
annual allotment of $100 [in the amount provided by appropriation]
for each student in average daily attendance.
(b) Funds allocated under this section must be used to
improve school safety and security [, including costs associated
with:
[(1) securing school facilities, including:
[(A) improvements to school infrastructure;
[(B) the use or installation of physical
barriers; and
[(C) the purchase and maintenance of:
[(i) security cameras or other security
equipment; and
[(ii) technology, including communications
systems or devices, that facilitates communication and information
sharing between students, school personnel, and first responders in
an emergency;
[(2) providing security for the district, including:
[(A) employing school district peace officers,
private security officers, and school marshals; and
[(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
[(3) school safety and security training and planning,
including:
[(A) active shooter and emergency response
training;
[(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
[(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
[(i) providing licensed counselors, social
workers, and individuals trained in restorative discipline and
restorative justice practices;
[(ii) providing mental health personnel and
support;
[(iii) providing behavioral health
services;
[(iv) establishing threat reporting
systems; and
[(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support; and
[(4) providing programs related to suicide
prevention, intervention, and postvention].
(c-1) The agency, or if designated by the agency, the Texas
School Safety Center, shall establish and publish a directory of
approved vendors of school safety technology and equipment,
including video surveillance equipment for use as provided by
Section 29.022, a school district may select from when using funds
allocated under this section. If a school district uses funds
allocated under this section to purchase technology or equipment
from a vendor that is not included in the directory, the district
must solicit bids from at least three vendors before completing the
purchase.
(c-2) Subsection (c-1) does not apply to the provision of
behavioral health services or programming.
SECTION 14. Subtitle I, Title 2, Education Code, is amended
by adding Chapter 47A to read as follows:
CHAPTER 47A. STATE SCHOOL SAFETY FUND AND GRANTS
Sec. 47A.001. DEFINITIONS. In this chapter:
(1) "Corporation" means the Texas Permanent School
Fund Corporation established under Chapter 43.
(2) "Fund" means the state school safety fund
established under Section 7, Article VII, Texas Constitution.
(3) "Program" means the school safety grant program.
Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER.
Notwithstanding any other law, including Section 48.265, if the
commissioner determines that the amount appropriated for a state
fiscal year for purposes of administering the Foundation School
Program exceeds the amount to which school districts and
open-enrollment charter schools are entitled under Chapters 46, 48,
and 49 for that year, the commissioner shall deposit a portion of
that excess, up to 100 percent, to the credit of the fund.
Sec. 47A.003. USES OF FUND. Money in the fund may only be
used to provide grants to school districts and open-enrollment
charter schools to enhance school safety under Section 47A.005.
Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation
shall hold and invest the fund with the objective of maintaining
sufficient liquidity to meet the needs of the fund while striving to
maximize returns. In managing the assets of the fund, through
procedures and subject to restrictions the corporation considers
appropriate, the corporation may acquire, exchange, sell,
supervise, manage, or retain any type of investment that a person of
ordinary prudence, discretion, and intelligence, exercising
reasonable care, skill, and caution, would acquire, exchange, sell,
supervise, manage, or retain in light of the fund's investment
objective.
(b) The corporation may charge a fee not to exceed the
amount necessary to cover the costs estimated to be incurred by the
corporation in managing and investing the fund. The fee may be
assessed on the available balance of the fund each fiscal year.
Sec. 47A.005. SCHOOL SAFETY GRANTS. (a) The commissioner
shall establish a school safety grant program using proceeds of the
fund to provide grants to school districts and open-enrollment
charter schools.
(b) The commissioner may only award a grant to a school
district or open-enrollment charter school to reimburse the
district or school for expenditures required for the implementation
of a school safety plan that has been approved by the agency.
(c) The commissioner may award grants each school year in an
amount not to exceed $10 million to a school district or
open-enrollment charter school.
(d) The commissioner may award grants each school year not
to exceed a total amount of $500 million.
(e) If the amount of grant requests under the program
exceeds $500 million in a school year, the commissioner shall
proportionately reduce the amount of each grant in that school year
in an amount necessary to limit the total amount of grants provided
to $500 million.
(f) Notwithstanding Subsection (c) and subject to the
limitation under Subsection (d), if excess funds are available for
a school year, the commissioner may provide additional grants to
school districts and open-enrollment charter schools that incurred
eligible expenses of more than $10 million in that school year.
Sec. 47A.006. RULES. The commissioner, in consultation
with the corporation, may adopt rules as necessary to implement
this chapter.
SECTION 15. (a) Except as provided by Subsections (b) and
(c) of this section, this Act applies beginning with the 2023-2024
school year.
(b) Notwithstanding Section 22.904, Education Code, as
added by this Act, a school district must require the district's
employees to complete the mental health first aid training required
under that section as follows:
(1) at least 25 percent of the applicable district
employees before the beginning of the 2025-2026 school year;
(2) at least 50 percent of the applicable district
employees before the beginning of the 2026-2027 school year;
(3) at least 75 percent of the applicable district
employees before the beginning of the 2027-2028 school year; and
(4) 100 percent of the applicable district employees
before the beginning of the 2028-2029 school year.
(c) Chapter 47A, Education Code, as added by this Act,
applies beginning with the 2024-2025 school year.
SECTION 16. (a) Except as provided by Subsections (b) and
(c) of this section, 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.
(b) Section 48.115, Education Code, as amended by this Act,
takes effect September 1, 2023.
(c) Section 14 of this Act takes effect January 1, 2024, but
only if the constitutional amendment proposed by the 88th
Legislature, Regular Session, 2023, creating the state school
safety fund to provide financial support for projects that enhance
the safety of public schools in this state is approved by the
voters. If that constitutional amendment is not approved by the
voters, Section 14 of this Act has no effect.