88R7766 JES-D
By: Slaton H.B. No. 2811
A BILL TO BE ENTITLED
AN ACT
relating to the use of a volunteer school protection force
established by a county sheriff for purposes of school district
safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0816 to read as follows:
Sec. 37.0816. VOLUNTEER SCHOOL PROTECTION FORCE. (a) The
board of trustees of a school district may enter into a memorandum
of understanding with the sheriff of a county in which the school
district is located to provide security services and school safety
at district campuses with a volunteer school protection force
established by the sheriff under Section 85.024, Local Government
Code.
(b) A memorandum of understanding entered into under
Subsection (a):
(1) must require:
(A) the district to provide written regulations
or written authorization in accordance with Section 46.03(a)(1),
Penal Code, for each member of the volunteer school protection
force to carry or possess a firearm at district campuses for the
purpose of providing security services and school safety; and
(B) members of the volunteer school protection
force to only act to prevent injury to students, school staff, or
other members of the community without undertaking any other duties
of a peace officer, a school resource officer, security personnel,
or an educator; and
(2) may grant the sheriff decision-making authority
over decisions affecting school safety.
SECTION 2. Subchapter B, Chapter 85, Local Government Code,
is amended by adding Section 85.024 to read as follows:
Sec. 85.024. VOLUNTEER SCHOOL PROTECTION FORCE. (a) In
this section, "school protection force" means a volunteer school
protection force established under this section.
(b) A sheriff who enters into a memorandum of understanding
with a school district under Section 37.0816, Education Code,
authorizing the sheriff to engage a school protection force may
recruit members of the force to provide security services and
school safety at school district campuses, in the manner provided
under the memorandum.
(c) Members recruited under Subsection (b) may include
volunteers who:
(1) are either:
(A) a former law enforcement officer;
(B) a military veteran; or
(C) another competent individual, as determined
in the sheriff's sole discretion; and
(2) meet the minimum standards for licensure
established by the Texas Commission on Law Enforcement under
Section 1701.151, Occupations Code, and other applicable
requirements for licensure as a peace officer as provided by
commission rule.
(d) The sheriff's department:
(1) must provide members of a school protection force
with:
(A) any necessary training for service on a
school protection force, as determined by the sheriff; and
(B) radio communication equipment or a crisis
alert badge that allows for immediate communication in an
emergency; and
(2) may provide a member of a school protection force
appropriate ammunition for a firearm authorized under the
memorandum of understanding under Section 37.0816(b), Education
Code, and legally possessed by the member for the purpose of
providing security services and school safety as a member of a
school protection force.
(e) A member of a school protection force:
(1) may only act to prevent injury to students, school
staff, and other members of the community;
(2) must complete any training required by the sheriff
under Subsection (d)(1); and
(3) must provide any necessary equipment not provided
by the sheriff's department.
(f) A sheriff's department may accept donations or
assistance, including assistance from a council of government
created under Chapter 391, for purposes of providing training or
equipment to members of a school protection force under this
section.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.