88R10053 TSS-D
By: Howard, Lalani, et al. H.B. No. 1537
Substitute the following for H.B. No. 1537:
By: Thompson of Harris C.S.H.B. No. 1537
A BILL TO BE ENTITLED
AN ACT
relating to the submission by law enforcement agencies to certain
public school personnel of a handle with care notice concerning a
traumatic event experienced by a public school student and to
certain required training regarding those notices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. It is the intent of the legislature that handle
with care notices submitted and received under Article 2.36, Code
of Criminal Procedure, as added by this Act, lead to greater
understanding of and noninterventional care for students in public
schools in this state who have experienced a traumatic event, but do
not result in active interference with or the singling out of the
student.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.36 to read as follows:
Art. 2.36. HANDLE WITH CARE NOTICE REGARDING CERTAIN PUBLIC
SCHOOL STUDENTS. (a) This article applies in any situation in
which a law enforcement agency determines that a public school
student witnessed or otherwise experienced a traumatic event. For
purposes of this article, a "traumatic event" includes the
following events:
(1) the arrest of an individual who resides with a
student;
(2) the execution of a search warrant at a student's
residence;
(3) an overdose of alcohol or of a controlled
substance by an individual who resides with a student;
(4) suicide or attempted suicide committed by an
individual who resides with a student;
(5) an incident involving family violence, as defined
by Section 71.004, Family Code;
(6) an incident of assault or sexual assault;
(7) a severe motor vehicle accident that causes bodily
injury or death;
(8) a mass shooting;
(9) a student's forced displacement from the student's
residence;
(10) the death of an individual who resides with the
student or another incident that could be expected to cause the
student to be affected by grief;
(11) a fire that causes severe property damage or
bodily injury or death; or
(12) any other event that a peace officer responding
to or taking a report regarding the event has reason to believe will
negatively impact a student's ability to succeed in school.
(b) A law enforcement agency that determines, in the course
of providing law enforcement services, that an individual who is
enrolled as a student in a public primary or secondary school has
experienced a traumatic event may submit a handle with care notice
to the superintendent or other designated school employee at the
school at which the student is enrolled.
(c) A handle with care notice must include, if known:
(1) the student's name, age, and grade level; and
(2) the school at which the student is enrolled.
(d) A law enforcement agency shall submit handle with care
notices using an electronic system that automatically sends a copy
of the notice to the regional education service center serving the
school at which the student who is the subject of the notice is
enrolled.
(e) A superintendent or other designated school employee
who receives a handle with care notice shall immediately provide a
copy of the handle with care notice to all instructional and support
personnel who have responsibility for supervision of the student
who is the subject of the notice.
(f) Information contained in a handle with care notice
authorized under this article is confidential and exempt from
disclosure except as provided by this article or other applicable
state and federal law. Except as provided by Subsection (e), all
school personnel who receive a copy of the handle with care notice
shall keep that information confidential.
(g) A law enforcement agency must ensure that law
enforcement officers and other agency employees receive
appropriate training regarding a handle with care notice, including
by requiring appropriate agency personnel to attend the training
established and maintained under Section 1701.2635, Occupations
Code.
SECTION 3. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.035 to read as follows:
Sec. 38.035. HANDLE WITH CARE NOTICE TRAINING COURSE. (a)
The agency shall establish and maintain a one-hour training course
regarding handle with care notices for school district or
open-enrollment charter school employees who have responsibility
for the supervision of students.
(b) The training course must provide information on the
implementation of procedures relating to handle with care notices
authorized under Article 2.36, Code of Criminal Procedure,
including appropriate methods of monitoring and responding to a
student who is the subject of a handle with care notice.
(c) Each school district and open-enrollment charter school
shall ensure that appropriate personnel complete the training
course established under 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 for completion of a
course established under this section.
SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.2635 to read as follows:
Sec. 1701.2635. HANDLE WITH CARE NOTICE TRAINING PROGRAM.
The commission shall establish and maintain a one-time training
program for peace officers and other employees of law enforcement
agencies that provides information on the implementation of
procedures relating to handle with care notices authorized under
Article 2.36, Code of Criminal Procedure.
SECTION 5. As soon as practicable after the effective date
of this Act:
(1) the Texas Education Agency shall develop the
handle with care notice training course as required by Section
38.035, Education Code, as added by this Act;
(2) the State Board for Educator Certification shall
propose rules allowing an educator to receive credit toward the
educator's continuing education requirements for completion of the
handle with care notice training course as required by Section
38.035, Education Code, as added by this Act; and
(3) the Texas Commission on Law Enforcement shall
establish the handle with care notice training program as required
by Section 1701.2635, Occupations Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2023.