TX
Texas House Bill HB13

Texas 2023 - 88th Regular

Texas House Bill HB13 Compare Versions

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11 By: King of Hemphill, Burrows, H.B. No. 13
22 King of Uvalde, González of El Paso,
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to training, preparedness, and funding for school safety
88 and emergencies in public schools.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter Z, Chapter 22, Education Code, is
1111 amended by adding Section 22.904 to read as follows:
1212 Sec. 22.904. MENTAL HEALTH FIRST AID TRAINING. (a) Except
1313 as otherwise provided by this section, a school district shall
1414 require each district employee who regularly interacts with
1515 students enrolled at the district to complete an evidence-based
1616 mental health first aid training program designed to provide
1717 instruction to participants regarding the recognition and support
1818 of children and youth who experience a mental health or substance
1919 use issue that may pose a threat to school safety.
2020 (b) A school district may not require a district employee
2121 who has previously completed mental health first aid training
2222 offered by a local mental health authority under Section 1001.203,
2323 Health and Safety Code, to complete the training required by this
2424 section.
2525 (c) The agency shall provide an allotment to each school
2626 district equal to the sum of the amount district employees spent on
2727 travel and training fees and the product of each employee's hourly
2828 salary multiplied by the number of hours that employee spent
2929 completing the training in accordance with commissioner rule to
3030 comply with this section. An allotment provided to a district under
3131 this section must be used to reimburse the employee for the cost of
3232 travel and training fees and to compensate the employee for the time
3333 spent completing the training required by this section.
3434 (d) The State Board for Educator Certification shall
3535 propose rules allowing an educator to receive credit toward the
3636 educator's continuing education requirements under Section
3737 21.054(g) for the educator's participation in mental health first
3838 aid training under this section.
3939 (e) The commissioner shall adopt rules to implement this
4040 section, including rules specifying the training fees and travel
4141 expenses subject to reimbursement under Subsection (c).
4242 SECTION 2. Subchapter Z, Chapter 29, Education Code, is
4343 amended by adding Section 29.9074 to read as follows:
4444 Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To
4545 educate students about the dangers posed by the drug fentanyl and
4646 the risks of fentanyl poisoning, including overdose, the governor
4747 shall designate a week to be known as Fentanyl Poisoning Awareness
4848 Week in public schools.
4949 (b) Fentanyl Poisoning Awareness Week may include
5050 age-appropriate instruction, including instruction on the
5151 prevention of the abuse of and addiction to fentanyl, as determined
5252 by each school district.
5353 SECTION 3. Section 37.0812(a), Education Code, is amended
5454 to read as follows:
5555 (a) A school district peace officer or school resource
5656 officer shall complete an active shooter response training program
5757 approved by the Texas Commission on Law Enforcement at least once in
5858 each four-year period.
5959 SECTION 4. Subchapter C, Chapter 37, Education Code, is
6060 amended by adding Section 37.08121 to read as follows:
6161 Sec. 37.08121. SCHOOL SENTINEL PROGRAM, TRAINING, AND
6262 STIPEND. (a) In this section, "school sentinel" means a school
6363 district or open-enrollment charter school employee who, pursuant
6464 to the written regulations or written authorization of the district
6565 or school under Section 46.03(a)(1)(A), Penal Code, is authorized
6666 to carry or possess a specified weapon for the purpose of providing
6767 safety and security on the physical premises of the employee's
6868 school, any grounds or building on which an activity sponsored by
6969 the school is being conducted, or a passenger transportation
7070 vehicle of the school.
7171 (b) A school district or open-enrollment charter school may
7272 establish a school sentinel program in accordance with this section
7373 for the purposes of school safety and security on school premises.
7474 The written regulation or authorization of a school district or
7575 open-enrollment charter school that authorizes the presence of a
7676 school sentinel must require the sentinel to complete a school
7777 sentinel training program approved by the agency under this section
7878 before being permitted to carry or possess a weapon on the physical
7979 premises of the school for the purposes of providing safety and
8080 security.
8181 (c) A school district or open-enrollment charter school
8282 that authorizes the presence of a school guardian under this
8383 section shall:
8484 (1) designate a marking or uniform that identifies to
8585 a law enforcement agency that the person is a school guardian;
8686 (2) require each school guardian to wear a marking or
8787 uniform described by Subdivision (1) while providing school
8888 guardian services at the district or school in the manner provided
8989 under Subsection (a); and
9090 (3) maintain information regarding the marking or
9191 uniform designated under Subdivision (1) as confidential except
9292 that the district or school shall disclose the information to an
9393 appropriate law enforcement agency in accordance with Section
9494 37.108(g).
9595 (d) The agency may only approve a school sentinel training
9696 program if the program:
9797 (1) requires completion of all training required for a
9898 school marshal, including the training program provided under
9999 Section 1701.260, Occupations Code; and
100100 (2) includes instruction in mental health first aid
101101 and trauma-informed care.
102102 (e) From funds appropriated or otherwise available for the
103103 purpose, a school district or open-enrollment charter school
104104 employee is entitled to a stipend in an amount determined by the
105105 commissioner of not more than $25,000 per school year that the
106106 employee serves as a school sentinel after completing the training
107107 program required by this section. A stipend received under this
108108 subsection is not considered a part of the employee's compensation,
109109 including for purposes of determining whether a school district is
110110 paying an employee the minimum monthly salary under Section 21.402.
111111 (f) The commissioner shall adopt rules necessary to
112112 implement this section.
113113 SECTION 5. Subchapter C, Chapter 37, Education Code, is
114114 amended by adding Section 37.089 to read as follows:
115115 Sec. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL
116116 GROUNDS. (a) Subject to Subsection (b), a person permitted to carry
117117 a firearm on the campus of a school district may not perform the
118118 routine law enforcement duties of a peace officer, including making
119119 arrests, unless the duty is performed in response to an emergency
120120 that poses a threat of death or serious bodily injury to a student,
121121 school district employee, or other individual at the district
122122 campus.
123123 (b) Subsection (a) does not apply to a commissioned peace
124124 officer who is assigned law enforcement duties that are included in
125125 campus and district documents describing the role of peace officers
126126 in the district as required by Section 37.081(d).
127127 SECTION 6. Section 37.115(c), Education Code, is amended to
128128 read as follows:
129129 (c) The board of trustees of each school district shall
130130 establish a threat assessment and safe and supportive school team
131131 to serve at each campus of the district and shall adopt policies and
132132 procedures for the teams. The team is responsible for developing
133133 and implementing the safe and supportive school program under
134134 Subsection (b) at the district campus served by the team. The
135135 policies and procedures adopted under this section must:
136136 (1) be consistent with the model policies and
137137 procedures developed by the Texas School Safety Center;
138138 (2) require each team to complete training provided by
139139 the Texas School Safety Center or a regional education service
140140 center regarding evidence-based threat assessment programs; [and]
141141 (3) require each team established under this section
142142 to report the information required under Subsection (k) regarding
143143 the team's activities to the agency; and
144144 (4) require each district campus to establish a clear
145145 procedure for a student to report concerning behavior exhibited by
146146 another student for assessment by the team or other appropriate
147147 school employee.
148148 SECTION 7. Section 37.108(g), Education Code, is amended to
149149 read as follows:
150150 (g) A school district shall include in its multihazard
151151 emergency operations plan an active shooter preparedness appendix.
152152 The active shooter preparedness appendix must include a
153153 certification by the district that the district has provided to
154154 each law enforcement agency with jurisdiction in the district or
155155 geographic area served by the district:
156156 (1) information regarding the identity of the school
157157 guardian authorized under Section 37.08121 at each district campus
158158 and the marking or uniform worn by the school guardian or other
159159 manner in which a law enforcement agency may confidentially
160160 identify the school guardian;
161161 (2) an accurate map of each district campus that is
162162 oriented to true north; and
163163 (3) an opportunity to conduct a walk-through of each
164164 district facility. [a policy for responding to an active shooter
165165 emergency. The school district may use any available community
166166 resources in developing the policy described by this subsection.]
167167 SECTION 8. Subchapter D, Chapter 37, Education Code, is
168168 amended by adding Section 37.116 to read as follows:
169169 Sec. 37.116. SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.
170170 (a) With funds appropriated or otherwise available for the
171171 purpose, the agency shall establish a grant program to assist
172172 school districts and open-enrollment charter schools with any cost
173173 identified by a district or school as necessary for enhancing the
174174 infrastructure of each district or school campus to meet agency
175175 safety standards.
176176 (b) The commissioner shall adopt rules to implement this
177177 section.
178178 SECTION 9. Section 38.022, Education Code, is amended by
179179 amending Subsection (a) and adding Subsection (a-1) to read as
180180 follows:
181181 (a) A school district may require a person who enters
182182 property under the district's control [a district campus] to
183183 display the person's driver's license, [or] another form of
184184 identification containing the person's photograph issued by a
185185 governmental entity, or, if applicable, the person's district
186186 employee or student identification card. The person must provide
187187 the identification on request.
188188 (a-1) A school district may eject a person from district
189189 property if:
190190 (1) the person refuses or fails to provide on request
191191 identification described by Subsection (a); and
192192 (2) it reasonably appears that the person has no
193193 legitimate reason to be on district property.
194194 SECTION 10. Subchapter A, Chapter 38, Education Code, is
195195 amended by adding Section 38.040 to read as follows:
196196 Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING
197197 AWARENESS EDUCATION. (a) Each school district shall annually
198198 provide research-based instruction related to fentanyl abuse
199199 prevention and drug poisoning awareness to students in grades 6
200200 through 12.
201201 (b) The instruction required by this section must include:
202202 (1) suicide prevention;
203203 (2) prevention of the abuse of and addiction to
204204 fentanyl;
205205 (3) awareness of local school and community resources
206206 and any processes involved in accessing those resources; and
207207 (4) health education that includes information about
208208 substance use and abuse, including youth substance use and abuse.
209209 (c) The instruction required by this section may be provided
210210 by an entity or an employee or agent of an entity that is:
211211 (1) a public or private institution of higher
212212 education;
213213 (2) a library;
214214 (3) a community service organization;
215215 (4) a religious organization;
216216 (5) a local public health agency; or
217217 (6) an organization employing mental health
218218 professionals.
219219 SECTION 11. Subchapter A, Chapter 38, Education Code, is
220220 amended by adding Sections 38.046 and 38.047 to read as follows:
221221 Sec. 38.046. FENTANYL CONTAMINATION TRAINING PROGRAM FOR
222222 SCHOOL PERSONNEL. (a) The agency, in cooperation with The
223223 University of Texas Health Science Center at San Antonio, shall
224224 develop:
225225 (1) an evidence-based curriculum for students in
226226 grades 6 through 12 on the dangers of fentanyl contamination for use
227227 by school district and open-enrollment charter school employees;
228228 and
229229 (2) a professional development training program on
230230 providing the training developed under Subdivision (1).
231231 (b) The agency shall distribute curriculum and training
232232 materials for the training program developed under this section to
233233 each regional education service center.
234234 Sec. 38.047. FENTANYL CONTAMINATION GRANT PROGRAM. (a) The
235235 agency shall establish a grant program to provide funding to school
236236 districts and open-enrollment charter schools for community and
237237 school outreach programs on the dangers of fentanyl contamination.
238238 (b) The commissioner may adopt rules as necessary to
239239 administer the grant program established under this section.
240240 SECTION 12. Section 38.351, Education Code, is amended by
241241 adding Subsection (g-1) to read as follows:
242242 (g-1) A school district may satisfy a requirement to
243243 implement a program in the area of substance abuse prevention and
244244 intervention by providing instruction related to youth substance
245245 use and abuse education under Section 38.040.
246246 SECTION 13. Section 48.115, Education Code, is amended by
247247 amending Subsections (a) and (b) and adding Subsections (c-1) and
248248 (c-2) to read as follows:
249249 (a) A [From funds appropriated for that purpose, the
250250 commissioner shall provide to a] school district is entitled to an
251251 annual allotment of $100 [in the amount provided by appropriation]
252252 for each student in average daily attendance.
253253 (b) Funds allocated under this section must be used to
254254 improve school safety and security [, including costs associated
255255 with:
256256 [(1) securing school facilities, including:
257257 [(A) improvements to school infrastructure;
258258 [(B) the use or installation of physical
259259 barriers; and
260260 [(C) the purchase and maintenance of:
261261 [(i) security cameras or other security
262262 equipment; and
263263 [(ii) technology, including communications
264264 systems or devices, that facilitates communication and information
265265 sharing between students, school personnel, and first responders in
266266 an emergency;
267267 [(2) providing security for the district, including:
268268 [(A) employing school district peace officers,
269269 private security officers, and school marshals; and
270270 [(B) collaborating with local law enforcement
271271 agencies, such as entering into a memorandum of understanding for
272272 the assignment of school resource officers to schools in the
273273 district;
274274 [(3) school safety and security training and planning,
275275 including:
276276 [(A) active shooter and emergency response
277277 training;
278278 [(B) prevention and treatment programs relating
279279 to addressing adverse childhood experiences; and
280280 [(C) the prevention, identification, and
281281 management of emergencies and threats, using evidence-based,
282282 effective prevention practices and including:
283283 [(i) providing licensed counselors, social
284284 workers, and individuals trained in restorative discipline and
285285 restorative justice practices;
286286 [(ii) providing mental health personnel and
287287 support;
288288 [(iii) providing behavioral health
289289 services;
290290 [(iv) establishing threat reporting
291291 systems; and
292292 [(v) developing and implementing programs
293293 focused on restorative justice practices, culturally relevant
294294 instruction, and providing mental health support; and
295295 [(4) providing programs related to suicide
296296 prevention, intervention, and postvention].
297297 (c-1) The agency, or if designated by the agency, the Texas
298298 School Safety Center, shall establish and publish a directory of
299299 approved vendors of school safety technology and equipment,
300300 including video surveillance equipment for use as provided by
301301 Section 29.022, a school district may select from when using funds
302302 allocated under this section. If a school district uses funds
303303 allocated under this section to purchase technology or equipment
304304 from a vendor that is not included in the directory, the district
305305 must solicit bids from at least three vendors before completing the
306306 purchase.
307307 (c-2) Subsection (c-1) does not apply to the provision of
308308 behavioral health services or programming.
309309 SECTION 14. Subtitle I, Title 2, Education Code, is amended
310310 by adding Chapter 47A to read as follows:
311311 CHAPTER 47A. STATE SCHOOL SAFETY FUND AND GRANTS
312312 Sec. 47A.001. DEFINITIONS. In this chapter:
313313 (1) "Corporation" means the Texas Permanent School
314314 Fund Corporation established under Chapter 43.
315315 (2) "Fund" means the state school safety fund
316316 established under Section 7, Article VII, Texas Constitution.
317317 (3) "Program" means the school safety grant program.
318318 Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER.
319319 Notwithstanding any other law, including Section 48.265, if the
320320 commissioner determines that the amount appropriated for a state
321321 fiscal year for purposes of administering the Foundation School
322322 Program exceeds the amount to which school districts and
323323 open-enrollment charter schools are entitled under Chapters 46, 48,
324324 and 49 for that year, the commissioner shall deposit a portion of
325325 that excess, up to 100 percent, to the credit of the fund.
326326 Sec. 47A.003. USES OF FUND. Money in the fund may only be
327327 used to provide grants to school districts and open-enrollment
328328 charter schools to enhance school safety under Section 47A.005.
329329 Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation
330330 shall hold and invest the fund with the objective of maintaining
331331 sufficient liquidity to meet the needs of the fund while striving to
332332 maximize returns. In managing the assets of the fund, through
333333 procedures and subject to restrictions the corporation considers
334334 appropriate, the corporation may acquire, exchange, sell,
335335 supervise, manage, or retain any type of investment that a person of
336336 ordinary prudence, discretion, and intelligence, exercising
337337 reasonable care, skill, and caution, would acquire, exchange, sell,
338338 supervise, manage, or retain in light of the fund's investment
339339 objective.
340340 (b) The corporation may charge a fee not to exceed the
341341 amount necessary to cover the costs estimated to be incurred by the
342342 corporation in managing and investing the fund. The fee may be
343343 assessed on the available balance of the fund each fiscal year.
344344 Sec. 47A.005. SCHOOL SAFETY GRANTS. (a) The commissioner
345345 shall establish a school safety grant program using proceeds of the
346346 fund to provide grants to school districts and open-enrollment
347347 charter schools.
348348 (b) The commissioner may only award a grant to a school
349349 district or open-enrollment charter school to reimburse the
350350 district or school for expenditures required for the implementation
351351 of a school safety plan that has been approved by the agency.
352352 (c) The commissioner may award grants each school year in an
353353 amount not to exceed $10 million to a school district or
354354 open-enrollment charter school.
355355 (d) The commissioner may award grants each school year not
356356 to exceed a total amount of $500 million.
357357 (e) If the amount of grant requests under the program
358358 exceeds $500 million in a school year, the commissioner shall
359359 proportionately reduce the amount of each grant in that school year
360360 in an amount necessary to limit the total amount of grants provided
361361 to $500 million.
362362 (f) Notwithstanding Subsection (c) and subject to the
363363 limitation under Subsection (d), if excess funds are available for
364364 a school year, the commissioner may provide additional grants to
365365 school districts and open-enrollment charter schools that incurred
366366 eligible expenses of more than $10 million in that school year.
367367 Sec. 47A.006. RULES. The commissioner, in consultation
368368 with the corporation, may adopt rules as necessary to implement
369369 this chapter.
370370 SECTION 15. (a) Except as provided by Subsections (b) and
371371 (c) of this section, this Act applies beginning with the 2023-2024
372372 school year.
373373 (b) Notwithstanding Section 22.904, Education Code, as
374374 added by this Act, a school district must require the district's
375375 employees to complete the mental health first aid training required
376376 under that section as follows:
377377 (1) at least 25 percent of the applicable district
378378 employees before the beginning of the 2025-2026 school year;
379379 (2) at least 50 percent of the applicable district
380380 employees before the beginning of the 2026-2027 school year;
381381 (3) at least 75 percent of the applicable district
382382 employees before the beginning of the 2027-2028 school year; and
383383 (4) 100 percent of the applicable district employees
384384 before the beginning of the 2028-2029 school year.
385385 (c) Chapter 47A, Education Code, as added by this Act,
386386 applies beginning with the 2024-2025 school year.
387387 SECTION 16. (a) Except as provided by Subsections (b) and
388388 (c) of this section, this Act takes effect immediately if it
389389 receives a vote of two-thirds of all the members elected to each
390390 house, as provided by Section 39, Article III, Texas Constitution.
391391 If this Act does not receive the vote necessary for immediate
392392 effect, this Act takes effect September 1, 2023.
393393 (b) Section 48.115, Education Code, as amended by this Act,
394394 takes effect September 1, 2023.
395395 (c) Section 14 of this Act takes effect January 1, 2024, but
396396 only if the constitutional amendment proposed by the 88th
397397 Legislature, Regular Session, 2023, creating the state school
398398 safety fund to provide financial support for projects that enhance
399399 the safety of public schools in this state is approved by the
400400 voters. If that constitutional amendment is not approved by the
401401 voters, Section 14 of this Act has no effect.