Texas 2023 - 88th Regular

Texas House Bill HB1537 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10053 TSS-D
2	2	By: Howard, Lalani, et al. H.B. No. 1537
3	3	Substitute the following for H.B. No. 1537:
4	4	By: Thompson of Harris C.S.H.B. No. 1537
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the submission by law enforcement agencies to certain
10	10	public school personnel of a handle with care notice concerning a
11	11	traumatic event experienced by a public school student and to
12	12	certain required training regarding those notices.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. It is the intent of the legislature that handle
15	15	with care notices submitted and received under Article 2.36, Code
16	16	of Criminal Procedure, as added by this Act, lead to greater
17	17	understanding of and noninterventional care for students in public
18	18	schools in this state who have experienced a traumatic event, but do
19	19	not result in active interference with or the singling out of the
20	20	student.
21	21	SECTION 2. Chapter 2, Code of Criminal Procedure, is
22	22	amended by adding Article 2.36 to read as follows:
23	23	Art. 2.36. HANDLE WITH CARE NOTICE REGARDING CERTAIN PUBLIC
24	24	SCHOOL STUDENTS. (a) This article applies in any situation in
25	25	which a law enforcement agency determines that a public school
26	26	student witnessed or otherwise experienced a traumatic event. For
27	27	purposes of this article, a "traumatic event" includes the
28	28	following events:
29	29	(1) the arrest of an individual who resides with a
30	30	student;
31	31	(2) the execution of a search warrant at a student's
32	32	residence;
33	33	(3) an overdose of alcohol or of a controlled
34	34	substance by an individual who resides with a student;
35	35	(4) suicide or attempted suicide committed by an
36	36	individual who resides with a student;
37	37	(5) an incident involving family violence, as defined
38	38	by Section 71.004, Family Code;
39	39	(6) an incident of assault or sexual assault;
40	40	(7) a severe motor vehicle accident that causes bodily
41	41	injury or death;
42	42	(8) a mass shooting;
43	43	(9) a student's forced displacement from the student's
44	44	residence;
45	45	(10) the death of an individual who resides with the
46	46	student or another incident that could be expected to cause the
47	47	student to be affected by grief;
48	48	(11) a fire that causes severe property damage or
49	49	bodily injury or death; or
50	50	(12) any other event that a peace officer responding
51	51	to or taking a report regarding the event has reason to believe will
52	52	negatively impact a student's ability to succeed in school.
53	53	(b) A law enforcement agency that determines, in the course
54	54	of providing law enforcement services, that an individual who is
55	55	enrolled as a student in a public primary or secondary school has
56	56	experienced a traumatic event may submit a handle with care notice
57	57	to the superintendent or other designated school employee at the
58	58	school at which the student is enrolled.
59	59	(c) A handle with care notice must include, if known:
60	60	(1) the student's name, age, and grade level; and
61	61	(2) the school at which the student is enrolled.
62	62	(d) A law enforcement agency shall submit handle with care
63	63	notices using an electronic system that automatically sends a copy
64	64	of the notice to the regional education service center serving the
65	65	school at which the student who is the subject of the notice is
66	66	enrolled.
67	67	(e) A superintendent or other designated school employee
68	68	who receives a handle with care notice shall immediately provide a
69	69	copy of the handle with care notice to all instructional and support
70	70	personnel who have responsibility for supervision of the student
71	71	who is the subject of the notice.
72	72	(f) Information contained in a handle with care notice
73	73	authorized under this article is confidential and exempt from
74	74	disclosure except as provided by this article or other applicable
75	75	state and federal law. Except as provided by Subsection (e), all
76	76	school personnel who receive a copy of the handle with care notice
77	77	shall keep that information confidential.
78	78	(g) A law enforcement agency must ensure that law
79	79	enforcement officers and other agency employees receive
80	80	appropriate training regarding a handle with care notice, including
81	81	by requiring appropriate agency personnel to attend the training
82	82	established and maintained under Section 1701.2635, Occupations
83	83	Code.
84	84	SECTION 3. Subchapter A, Chapter 38, Education Code, is
85	85	amended by adding Section 38.035 to read as follows:
86	86	Sec. 38.035. HANDLE WITH CARE NOTICE TRAINING COURSE. (a)
87	87	The agency shall establish and maintain a one-hour training course
88	88	regarding handle with care notices for school district or
89	89	open-enrollment charter school employees who have responsibility
90	90	for the supervision of students.
91	91	(b) The training course must provide information on the
92	92	implementation of procedures relating to handle with care notices
93	93	authorized under Article 2.36, Code of Criminal Procedure,
94	94	including appropriate methods of monitoring and responding to a
95	95	student who is the subject of a handle with care notice.
96	96	(c) Each school district and open-enrollment charter school
97	97	shall ensure that appropriate personnel complete the training
98	98	course established under this section.
99	99	(d) The State Board for Educator Certification shall
100	100	propose rules allowing an educator to receive credit toward the
101	101	educator's continuing education requirements for completion of a
102	102	course established under this section.
103	103	SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is
104	104	amended by adding Section 1701.2635 to read as follows:
105	105	Sec. 1701.2635. HANDLE WITH CARE NOTICE TRAINING PROGRAM.
106	106	The commission shall establish and maintain a one-time training
107	107	program for peace officers and other employees of law enforcement
108	108	agencies that provides information on the implementation of
109	109	procedures relating to handle with care notices authorized under
110	110	Article 2.36, Code of Criminal Procedure.
111	111	SECTION 5. As soon as practicable after the effective date
112	112	of this Act:
113	113	(1) the Texas Education Agency shall develop the
114	114	handle with care notice training course as required by Section
115	115	38.035, Education Code, as added by this Act;
116	116	(2) the State Board for Educator Certification shall
117	117	propose rules allowing an educator to receive credit toward the
118	118	educator's continuing education requirements for completion of the
119	119	handle with care notice training course as required by Section
120	120	38.035, Education Code, as added by this Act; and
121	121	(3) the Texas Commission on Law Enforcement shall
122	122	establish the handle with care notice training program as required
123	123	by Section 1701.2635, Occupations Code, as added by this Act.
124	124	SECTION 6. This Act takes effect September 1, 2023.