Texas 2023 88th Regular

Texas House Bill HB2269 House Committee Report / Bill

Filed 04/18/2023

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                    88R20044 JTZ-D
 By: Dutton H.B. No. 2269
 Substitute the following for H.B. No. 2269:
 By:  Thompson of Harris C.S.H.B. No. 2269


 A BILL TO BE ENTITLED
 AN ACT
 relating to security personnel and 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
 or contract with 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.