Texas 2023 - 88th Regular

Texas House Bill HB249 Compare Versions

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1	1	By: Rogers, Lozano, Darby, H.B. No. 249
2	2	Harris of Anderson, Buckley, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a school security volunteer program in certain
8	8	counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 37, Education Code, is
11	11	amended by adding Section 37.0817 to read as follows:
12	12	Sec. 37.0817. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In
13	13	this section:
14	14	(1) "Honorably retired" has the meaning assigned by
15	15	Section 411.199(c), Government Code.
16	16	(2) "Qualified retired law enforcement officer" means
17	17	a person who:
18	18	(A) meets the qualifications provided by 18
19	19	U.S.C. Section 926C(c); and
20	20	(B) is honorably retired.
21	21	(3) "Veteran" has the meaning assigned by Section
22	22	521.1235, Transportation Code.
23	23	(b) This section applies only to a school district or
24	24	open-enrollment charter school located in a county with a
25	25	population of less than one million.
26	26	(c) The board of trustees of a school district to which this
27	27	section applies, or the governing body of an open-enrollment
28	28	charter school to which this section applies, may approve a program
29	29	under which the district or school provides written regulations or
30	30	written authorization for eligible persons to serve as school
31	31	security volunteers by:
32	32	(1) providing security services for the district or
33	33	school on school grounds, including any location in which an
34	34	activity sponsored by the district or school is being conducted,
35	35	and in school vehicles; and
36	36	(2) carrying a handgun in providing the security
37	37	services under Subdivision (1).
38	38	(d) A person is eligible to serve as a school security
39	39	volunteer for a program approved under this section only if:
40	40	(1) the person is not:
41	41	(A) an employee of the district or school;
42	42	(B) a contractor providing services under a
43	43	contract with the district or school; or
44	44	(C) a person who otherwise receives compensation
45	45	or remuneration from the district or school;
46	46	(2) the person is:
47	47	(A) a qualified retired law enforcement officer;
48	48	or
49	49	(B) a veteran; and
50	50	(3) the board of trustees or governing body determines
51	51	the person is eligible based on the results of a criminal background
52	52	check conducted on the person using criminal history record
53	53	information obtained by the district or school in accordance with
54	54	Section 22.0835.
55	55	(e) A school district that approves a program under this
56	56	section must include the program in the district's multihazard
57	57	emergency operations plan required under Section 37.108. An
58	58	open-enrollment charter school that approves a program under this
59	59	section must adopt and implement measures to ensure, in an
60	60	emergency, coordination with the Department of State Health
61	61	Services and local emergency management agencies, law enforcement
62	62	agencies, health departments, and fire departments.
63	63	(f) A school district or open-enrollment charter school
64	64	that approves a program under this section must provide to each
65	65	school security volunteer a course of instruction on the safety and
66	66	security policies of the district or school. A district must
67	67	include instruction about the district's multihazard emergency
68	68	operations plan adopted under Section 37.108.
69	69	(g) A school district or open-enrollment charter school
70	70	that approves a program under this section must:
71	71	(1) provide to each person serving as a school
72	72	security volunteer under the program a uniform that clearly
73	73	identifies the person as a school security volunteer; and
74	74	(2) require each school security volunteer to wear a
75	75	uniform described by Subdivision (1) while providing security
76	76	services at the district or school in the manner provided under
77	77	Subsection (c).
78	78	(h) A person who serves as a school security volunteer under
79	79	this section is not a commissioned peace officer or a school
80	80	resource officer, as defined by Section 1701.601, Occupations Code,
81	81	and may not, in providing security services in the manner allowed
82	82	under Subsection (c), engage in law enforcement activities or
83	83	otherwise exercise powers or duties reserved to commissioned peace
84	84	officers or school resource officers under this chapter or other
85	85	law.
86	86	(i) A school security volunteer is immune from civil
87	87	liability to the same extent as a professional employee of a school
88	88	district under Section 22.0511. This subsection does not limit the
89	89	liability of a person for intentional misconduct or gross
90	90	negligence.
91	91	SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is
92	92	amended by adding Section 1702.334 to read as follows:
93	93	Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter
94	94	does not apply to a person who serves as a school security volunteer
95	95	for a school district or open-enrollment charter school under a
96	96	program adopted under Section 37.0817, Education Code.
97	97	SECTION 3. The change in law made by this Act applies
98	98	beginning with the 2023-2024 school year.
99	99	SECTION 4. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2023.