| 1 | 1 | | 88R7766 JES-D |
|---|
| 2 | 2 | | By: Slaton H.B. No. 2811 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the use of a volunteer school protection force |
|---|
| 8 | 8 | | established by a county sheriff for purposes of school district |
|---|
| 9 | 9 | | safety. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter C, Chapter 37, Education Code, is |
|---|
| 12 | 12 | | amended by adding Section 37.0816 to read as follows: |
|---|
| 13 | 13 | | Sec. 37.0816. VOLUNTEER SCHOOL PROTECTION FORCE. (a) The |
|---|
| 14 | 14 | | board of trustees of a school district may enter into a memorandum |
|---|
| 15 | 15 | | of understanding with the sheriff of a county in which the school |
|---|
| 16 | 16 | | district is located to provide security services and school safety |
|---|
| 17 | 17 | | at district campuses with a volunteer school protection force |
|---|
| 18 | 18 | | established by the sheriff under Section 85.024, Local Government |
|---|
| 19 | 19 | | Code. |
|---|
| 20 | 20 | | (b) A memorandum of understanding entered into under |
|---|
| 21 | 21 | | Subsection (a): |
|---|
| 22 | 22 | | (1) must require: |
|---|
| 23 | 23 | | (A) the district to provide written regulations |
|---|
| 24 | 24 | | or written authorization in accordance with Section 46.03(a)(1), |
|---|
| 25 | 25 | | Penal Code, for each member of the volunteer school protection |
|---|
| 26 | 26 | | force to carry or possess a firearm at district campuses for the |
|---|
| 27 | 27 | | purpose of providing security services and school safety; and |
|---|
| 28 | 28 | | (B) members of the volunteer school protection |
|---|
| 29 | 29 | | force to only act to prevent injury to students, school staff, or |
|---|
| 30 | 30 | | other members of the community without undertaking any other duties |
|---|
| 31 | 31 | | of a peace officer, a school resource officer, security personnel, |
|---|
| 32 | 32 | | or an educator; and |
|---|
| 33 | 33 | | (2) may grant the sheriff decision-making authority |
|---|
| 34 | 34 | | over decisions affecting school safety. |
|---|
| 35 | 35 | | SECTION 2. Subchapter B, Chapter 85, Local Government Code, |
|---|
| 36 | 36 | | is amended by adding Section 85.024 to read as follows: |
|---|
| 37 | 37 | | Sec. 85.024. VOLUNTEER SCHOOL PROTECTION FORCE. (a) In |
|---|
| 38 | 38 | | this section, "school protection force" means a volunteer school |
|---|
| 39 | 39 | | protection force established under this section. |
|---|
| 40 | 40 | | (b) A sheriff who enters into a memorandum of understanding |
|---|
| 41 | 41 | | with a school district under Section 37.0816, Education Code, |
|---|
| 42 | 42 | | authorizing the sheriff to engage a school protection force may |
|---|
| 43 | 43 | | recruit members of the force to provide security services and |
|---|
| 44 | 44 | | school safety at school district campuses, in the manner provided |
|---|
| 45 | 45 | | under the memorandum. |
|---|
| 46 | 46 | | (c) Members recruited under Subsection (b) may include |
|---|
| 47 | 47 | | volunteers who: |
|---|
| 48 | 48 | | (1) are either: |
|---|
| 49 | 49 | | (A) a former law enforcement officer; |
|---|
| 50 | 50 | | (B) a military veteran; or |
|---|
| 51 | 51 | | (C) another competent individual, as determined |
|---|
| 52 | 52 | | in the sheriff's sole discretion; and |
|---|
| 53 | 53 | | (2) meet the minimum standards for licensure |
|---|
| 54 | 54 | | established by the Texas Commission on Law Enforcement under |
|---|
| 55 | 55 | | Section 1701.151, Occupations Code, and other applicable |
|---|
| 56 | 56 | | requirements for licensure as a peace officer as provided by |
|---|
| 57 | 57 | | commission rule. |
|---|
| 58 | 58 | | (d) The sheriff's department: |
|---|
| 59 | 59 | | (1) must provide members of a school protection force |
|---|
| 60 | 60 | | with: |
|---|
| 61 | 61 | | (A) any necessary training for service on a |
|---|
| 62 | 62 | | school protection force, as determined by the sheriff; and |
|---|
| 63 | 63 | | (B) radio communication equipment or a crisis |
|---|
| 64 | 64 | | alert badge that allows for immediate communication in an |
|---|
| 65 | 65 | | emergency; and |
|---|
| 66 | 66 | | (2) may provide a member of a school protection force |
|---|
| 67 | 67 | | appropriate ammunition for a firearm authorized under the |
|---|
| 68 | 68 | | memorandum of understanding under Section 37.0816(b), Education |
|---|
| 69 | 69 | | Code, and legally possessed by the member for the purpose of |
|---|
| 70 | 70 | | providing security services and school safety as a member of a |
|---|
| 71 | 71 | | school protection force. |
|---|
| 72 | 72 | | (e) A member of a school protection force: |
|---|
| 73 | 73 | | (1) may only act to prevent injury to students, school |
|---|
| 74 | 74 | | staff, and other members of the community; |
|---|
| 75 | 75 | | (2) must complete any training required by the sheriff |
|---|
| 76 | 76 | | under Subsection (d)(1); and |
|---|
| 77 | 77 | | (3) must provide any necessary equipment not provided |
|---|
| 78 | 78 | | by the sheriff's department. |
|---|
| 79 | 79 | | (f) A sheriff's department may accept donations or |
|---|
| 80 | 80 | | assistance, including assistance from a council of government |
|---|
| 81 | 81 | | created under Chapter 391, for purposes of providing training or |
|---|
| 82 | 82 | | equipment to members of a school protection force under this |
|---|
| 83 | 83 | | section. |
|---|
| 84 | 84 | | SECTION 3. This Act applies beginning with the 2023-2024 |
|---|
| 85 | 85 | | school year. |
|---|
| 86 | 86 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 87 | 87 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 88 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 89 | 89 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 90 | 90 | | Act takes effect September 1, 2023. |
|---|