| 1 | 1 | | 88R20044 JTZ-D |
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| 2 | 2 | | By: Dutton H.B. No. 2269 |
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| 3 | 3 | | Substitute the following for H.B. No. 2269: |
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| 4 | 4 | | By: Thompson of Harris C.S.H.B. No. 2269 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to security personnel and school resource officers at |
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| 10 | 10 | | public schools. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 37.081, Education Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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| 14 | 14 | | (a-3) to read as follows: |
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| 15 | 15 | | (a) The board of trustees of any school district may employ |
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| 16 | 16 | | or contract with security personnel, enter into a memorandum of |
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| 17 | 17 | | understanding with a local law enforcement agency or a county or |
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| 18 | 18 | | municipality that is the employing political subdivision of |
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| 19 | 19 | | commissioned peace officers for the provision of school resource |
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| 20 | 20 | | officers, and commission peace officers to carry out this |
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| 21 | 21 | | subchapter. [If a board of trustees authorizes a person employed as |
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| 22 | 22 | | security personnel to carry a weapon, the person must be a |
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| 23 | 23 | | commissioned peace officer.] The jurisdiction of a peace officer, |
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| 24 | 24 | | a school resource officer, or security personnel under this section |
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| 25 | 25 | | shall be determined by the board of trustees and may include all |
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| 26 | 26 | | territory in the boundaries of the school district and all property |
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| 27 | 27 | | outside the boundaries of the district that is owned, leased, or |
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| 28 | 28 | | rented by or otherwise under the control of the school district and |
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| 29 | 29 | | the board of trustees that employ the peace officer or security |
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| 30 | 30 | | personnel or that enter into a memorandum of understanding for the |
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| 31 | 31 | | provision of a school resource officer. |
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| 32 | 32 | | (a-1) A memorandum of understanding for the provision of |
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| 33 | 33 | | school resource officers entered into under Subsection (a) must: |
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| 34 | 34 | | (1) be in the form of an interlocal contract under |
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| 35 | 35 | | Chapter 791, Government Code; and |
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| 36 | 36 | | (2) use a proportionate cost allocation methodology to |
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| 37 | 37 | | address any costs or fees incurred by the school district or the |
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| 38 | 38 | | local law enforcement agency, county, or municipality, as |
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| 39 | 39 | | applicable. |
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| 40 | 40 | | (a-2) The cost allocation methodology used under Subsection |
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| 41 | 41 | | (a-1)(2) may allow a local law enforcement agency, county, or |
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| 42 | 42 | | municipality, as applicable, to recoup direct costs incurred as a |
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| 43 | 43 | | result of the contract but may not allow the agency, county, or |
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| 44 | 44 | | municipality to profit under the contract. |
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| 45 | 45 | | (a-3) A school district, local law enforcement agency, |
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| 46 | 46 | | county, or municipality that enters into a memorandum of |
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| 47 | 47 | | understanding under Subsection (a) may seek funding from federal, |
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| 48 | 48 | | state, and private sources to support the cost of providing school |
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| 49 | 49 | | resource officers under this section. |
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| 50 | 50 | | SECTION 2. The change in law made by this Act to Section |
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| 51 | 51 | | 37.081, Education Code, applies only to a memorandum of |
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| 52 | 52 | | understanding under that section that is entered into on or after |
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| 53 | 53 | | the effective date of this Act. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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