By: King of Hemphill H.B. No. 13
A BILL TO BE ENTITLED
AN ACT
relating to training, preparedness, and funding for school safety
and school safety emergencies.
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) 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) The agency shall provide an allotment to each school
district equal to the amount district employees spent on travel and
training fees 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.
(c) The commissioner shall adopt rules to implement this
section, including rules specifying the training fees and travel
expenses subject to reimbursement under Subsection (b).
SECTION 2. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.08121 to read as follows:
Sec. 37.08121. SCHOOL GUARDIAN TRAINING AND STIPEND. (a)
In this section, "school guardian" means a school employee who,
pursuant to the written regulations or written authorization of a
school district or open-enrollment charter 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 a school, any grounds or building on
which an activity sponsored by a school is being conducted, or a
passenger transportation vehicle of a school.
(b) The written regulation or authorization of a school
district or open-enrollment charter school that authorizes the
presence of a school guardian must require the guardian to complete
a school guardian 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) The agency may only approve a school guardian 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.
(d) From funds appropriated or otherwise available for the
purpose, a school employee employed by a school district or
open-enrollment charter school 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 guardian after
completing the training program required by this section. A stipend
received under this subsection is not considered in determining
whether a school district is paying the employee the minimum
monthly salary under Section 21.402 or other section of this code.
(e) The commissioner shall adopt rules necessary to
implement this section.
SECTION 3. 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 4. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.116 to read as follows:
Sec. 37.116. ACTIVE SHOOTER PREPAREDNESS PLAN AND
PREPAREDNESS GRANT PROGRAM. (a) Each school district and
open-enrollment charter school shall annually adopt and implement
an active shooter preparedness plan for use in the district's or
school's facilities and submit the plan to the agency.
(b) The agency, in consultation with the Texas School Safety
Center, shall establish the minimum requirements for an active
shooter preparedness plan and provide a rubric for use by school
districts and open-enrollment charter schools in adopting and
implementing the plan. The requirements for an active shooter
preparedness plan must include requiring the district or school to:
(1) provide to the agency and each law enforcement
agency with jurisdiction in the district or geographic area served
by the school an accurate map of each district or school campus that
is oriented to true north;
(2) provide each law enforcement agency with
jurisdiction in the district or geographic area served by the
school the opportunity to conduct a walk-through of each district
or school facility; and
(3) identify and submit the district's or school's
estimated costs, if any, to enhance the infrastructure on each
district or school campus to meet safety standards established by
the agency.
(c) 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 the district or school under Subsection (b)(3).
(d) The commissioner shall adopt rules to implement this
section.
SECTION 5. Section 48.115, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (c-1) 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 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.
SECTION 6. Section 48.257, Education Code, is amended by
amending Subsection (a) and adding Subsection (h) to read as
follows:
(a) Subject to Subsections [Subsection] (b) and (h), if a
school district's tier one local share under Section 48.256 exceeds
the district's entitlement under Section 48.266(a)(1) less the
district's distribution from the state available school fund, the
district must reduce the district's tier one revenue level in
accordance with Chapter 49 to a level not to exceed the district's
entitlement under Section 48.266(a)(1) less the district's
distribution from the state available school fund.
(h) This subsection applies only to a school district to
which Subsection (a) applies. A school district is not required to
reduce the district's tier one revenue level under Subsection (a)
by an amount necessary for the district to employ an off-duty peace
officer as school security personnel.
SECTION 7. (a) Except as provided by Subsection (b) 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.
SECTION 8. (a) Except as provided by Subsection (b) 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) Sections 48.115 and 48.257, Education Code, as amended
by this Act, take effect September 1, 2023.