88R7919 JTZ-D
By: Dutton H.B. No. 2269
A BILL TO BE ENTITLED
AN ACT
relating to memoranda of understanding for the provision of school
resource officers at public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.081, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(a-3) to read as follows:
(a) The board of trustees of any school district may employ
security personnel, enter into a memorandum of understanding with a
local law enforcement agency or a county or municipality that is the
employing political subdivision of commissioned peace officers for
the provision of school resource officers, and commission peace
officers to carry out this subchapter. If a board of trustees
authorizes a person employed as security personnel to carry a
weapon, the person must be a commissioned peace officer. The
jurisdiction of a peace officer, a school resource officer, or
security personnel under this section shall be determined by the
board of trustees and may include all territory in the boundaries of
the school district and all property outside the boundaries of the
district that is owned, leased, or rented by or otherwise under the
control of the school district and the board of trustees that employ
the peace officer or security personnel or that enter into a
memorandum of understanding for the provision of a school resource
officer.
(a-1) A memorandum of understanding for the provision of
school resource officers entered into under Subsection (a) must:
(1) be in the form of an interlocal contract under
Chapter 791, Government Code; and
(2) use a proportionate cost allocation methodology to
address any costs or fees incurred by the school district or the
local law enforcement agency, county, or municipality, as
applicable.
(a-2) The cost allocation methodology used under Subsection
(a-1)(2) may allow a local law enforcement agency, county, or
municipality, as applicable, to recoup direct costs incurred as a
result of the contract but may not allow the agency, county, or
municipality to profit under the contract.
(a-3) A school district, local law enforcement agency,
county, or municipality that enters into a memorandum of
understanding under Subsection (a) may seek funding from federal,
state, and private sources to support the cost of providing school
resource officers under this section.
SECTION 2. The change in law made by this Act to Section
37.081, Education Code, applies only to a memorandum of
understanding under that section that is entered into on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.