88R21283 JES-F
By: King of Hemphill, Burrows, H.B. No. 13
King of Uvalde, González of El Paso,
Buckley, et al.
Substitute the following for H.B.
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) 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 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) 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 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 guardian 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.
(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. 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) an accurate map of each district campus that is
oriented to true north; and
(2) 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 5. 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 6. 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 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:
(1) a vendor of behavioral health services or
programming; or
(2) a vendor used by a third party engaged by a school
district to improve school safety or security.
SECTION 7. 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 8. 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 $250 million.
(e) If the amount of grant requests under the program
exceeds $250 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 $250 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 9. (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 10. (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) Sections 48.115 and 48.257, Education Code, as amended
by this Act, take effect September 1, 2023.
(c) Section 8 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 8 of this Act has no effect.