Texas 2023 - 88th Regular

Texas House Bill HB3 Compare Versions

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11 H.B. No. 3
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33
44 AN ACT
55 relating to measures for ensuring public school safety, including
66 the development and implementation of purchases relating to and
77 funding for public school safety and security requirements and the
88 provision of safety-related resources.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 7.028(a), Education Code, is amended to
1111 read as follows:
1212 (a) Except as provided by Section 21.006(k), 22.093(l),
1313 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 37.1084,
1414 38.003, or 39.003, the agency may monitor compliance with
1515 requirements applicable to a process or program provided by a
1616 school district, campus, program, or school granted charters under
1717 Chapter 12, including the process described by Subchapter F,
1818 Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
1919 I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to
2020 ensure:
2121 (1) compliance with federal law and regulations;
2222 (2) financial accountability, including compliance
2323 with grant requirements;
2424 (3) data integrity for purposes of:
2525 (A) the Public Education Information Management
2626 System (PEIMS); and
2727 (B) accountability under Chapters 39 and 39A; and
2828 (4) qualification for funding under Chapter 48.
2929 SECTION 2. Sections 7.061(b) and (c), Education Code, are
3030 amended to read as follows:
3131 (b) The commissioner shall adopt or amend rules as necessary
3232 to ensure that facilities [building] standards for new and existing
3333 instructional facilities and other school district and
3434 open-enrollment charter school facilities, including construction
3535 quality, performance, operational, and other standards related to
3636 the safety and security of school facilities, provide a secure and
3737 safe environment. In adopting or amending rules under this
3838 section, the commissioner shall include the use of best practices
3939 for:
4040 (1) the design and construction of new facilities; and
4141 (2) the improvement, renovation, and retrofitting of
4242 existing facilities.
4343 (c) Not later than September 1 of each even-numbered year,
4444 the commissioner shall review all rules adopted or amended under
4545 this section and amend the rules as necessary to ensure that
4646 facilities [building] standards for school district and
4747 open-enrollment charter school facilities continue to provide a
4848 secure and safe environment. The commissioner shall, in
4949 consultation with the Texas School Safety Center, identify and
5050 adopt any changes recommended under Section 37.221.
5151 SECTION 3. Subchapter B, Chapter 8, Education Code, is
5252 amended by adding Section 8.064 to read as follows:
5353 Sec. 8.064. SCHOOL SAFETY SUPPORT. (a) A regional
5454 education service center shall act as a school safety resource,
5555 using materials and resources developed by the Texas School Safety
5656 Center or the agency in accordance with Chapter 37, for school
5757 districts and open-enrollment charter schools in the region served
5858 by the center. The center may assist a school district or
5959 open-enrollment charter school directly or in collaboration with
6060 the Texas School Safety Center and local law enforcement agencies,
6161 as applicable:
6262 (1) in developing and implementing a multihazard
6363 emergency operations plan under Section 37.108;
6464 (2) in establishing a school safety and security
6565 committee under Section 37.109;
6666 (3) in conducting emergency school drills and
6767 exercises;
6868 (4) in addressing deficiencies in campus security
6969 identified by a school safety review team under Section 37.1084;
7070 and
7171 (5) by providing guidance on any other matter relating
7272 to school safety and security.
7373 (b) A regional education service center:
7474 (1) shall provide assistance as necessary to the
7575 region's school safety review team established under Section
7676 37.1084; and
7777 (2) may provide assistance as necessary to school
7878 districts and open-enrollment charter schools in the region served
7979 by the center through the direct provision of positive behavioral
8080 interventions and supports to a student enrolled in one of those
8181 districts or schools to mitigate or prevent future harmful,
8282 threatening, or violent behavior by the student.
8383 SECTION 4. Section 12.104(b), Education Code, as amended by
8484 Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
8585 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
8686 Session, 2021, is reenacted and amended to read as follows:
8787 (b) An open-enrollment charter school is subject to:
8888 (1) a provision of this title establishing a criminal
8989 offense;
9090 (2) the provisions in Chapter 554, Government Code;
9191 and
9292 (3) a prohibition, restriction, or requirement, as
9393 applicable, imposed by this title or a rule adopted under this
9494 title, relating to:
9595 (A) the Public Education Information Management
9696 System (PEIMS) to the extent necessary to monitor compliance with
9797 this subchapter as determined by the commissioner;
9898 (B) criminal history records under Subchapter C,
9999 Chapter 22;
100100 (C) reading instruments and accelerated reading
101101 instruction programs under Section 28.006;
102102 (D) accelerated instruction under Section
103103 28.0211;
104104 (E) high school graduation requirements under
105105 Section 28.025;
106106 (F) special education programs under Subchapter
107107 A, Chapter 29;
108108 (G) bilingual education under Subchapter B,
109109 Chapter 29;
110110 (H) prekindergarten programs under Subchapter E
111111 or E-1, Chapter 29, except class size limits for prekindergarten
112112 classes imposed under Section 25.112, which do not apply;
113113 (I) extracurricular activities under Section
114114 33.081;
115115 (J) discipline management practices or behavior
116116 management techniques under Section 37.0021;
117117 (K) health and safety under Chapter 38;
118118 (L) the provisions of Subchapter A, Chapter 39;
119119 (M) public school accountability and special
120120 investigations under Subchapters A, B, C, D, F, G, and J, Chapter
121121 39, and Chapter 39A;
122122 (N) the requirement under Section 21.006 to
123123 report an educator's misconduct;
124124 (O) intensive programs of instruction under
125125 Section 28.0213;
126126 (P) the right of a school employee to report a
127127 crime, as provided by Section 37.148;
128128 (Q) bullying prevention policies and procedures
129129 under Section 37.0832;
130130 (R) the right of a school under Section 37.0052
131131 to place a student who has engaged in certain bullying behavior in a
132132 disciplinary alternative education program or to expel the student;
133133 (S) the right under Section 37.0151 to report to
134134 local law enforcement certain conduct constituting assault or
135135 harassment;
136136 (T) a parent's right to information regarding the
137137 provision of assistance for learning difficulties to the parent's
138138 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
139139 (U) establishment of residency under Section
140140 25.001;
141141 (V) school safety requirements under Sections
142142 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
143143 37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
144144 37.2071 and Subchapter J, Chapter 37;
145145 (W) the early childhood literacy and mathematics
146146 proficiency plans under Section 11.185;
147147 (X) the college, career, and military readiness
148148 plans under Section 11.186; and
149149 (Y) [(X)] parental options to retain a student
150150 under Section 28.02124.
151151 SECTION 5. Subchapter Z, Chapter 22, Education Code, is
152152 amended by adding Section 22.904 to read as follows:
153153 Sec. 22.904. MENTAL HEALTH TRAINING. (a) Except as
154154 otherwise provided by this section, a school district shall require
155155 each district employee who regularly interacts with students
156156 enrolled at the district to complete an evidence-based mental
157157 health training program designed to provide instruction to
158158 participants regarding the recognition and support of children and
159159 youth who experience a mental health or substance use issue that may
160160 pose a threat to school safety.
161161 (b) A school district may not require a district employee
162162 who has previously completed mental health training offered by a
163163 local mental health authority under Section 1001.203, Health and
164164 Safety Code, to complete the training required by this section.
165165 (c) From funds appropriated for the purpose, the agency
166166 shall provide an allotment to each school district to assist the
167167 district in complying with this section. The amount of an allotment
168168 provided to a school district under this subsection may not exceed
169169 the costs incurred by the district for employees' travel, training
170170 fees, and compensation for the time spent completing the training
171171 required by this section. The agency may proportionally reduce
172172 each district's allotment if the amount appropriated is
173173 insufficient to pay for all costs incurred by districts under this
174174 subsection.
175175 (d) The State Board for Educator Certification shall
176176 propose rules allowing an educator to receive credit toward the
177177 educator's continuing education requirements under Section
178178 21.054(g) for the educator's participation in mental health
179179 training under this section.
180180 (e) The commissioner shall adopt rules to implement this
181181 section, including rules specifying the training fees and travel
182182 expenses subject to reimbursement under Subsection (c).
183183 SECTION 6. Section 25.002(a), Education Code, is amended to
184184 read as follows:
185185 (a) If a parent or other person with legal control of a child
186186 under a court order enrolls the child in a public school, the parent
187187 or other person or the school district in which the child most
188188 recently attended school shall furnish to the school district:
189189 (1) the child's birth certificate or another document
190190 suitable as proof of the child's identity;
191191 (2) a copy of the child's records from the school the
192192 child most recently attended if the child has been previously
193193 enrolled in a school in this state or another state, including for a
194194 child who most recently attended a public school in this state, a
195195 copy of the child's disciplinary record and any threat assessment
196196 involving the child's behavior conducted under Section 37.115; and
197197 (3) a record showing that the child has the
198198 immunizations as required under Section 38.001, in the case of a
199199 child required under that section to be immunized, proof as
200200 required by that section showing that the child is not required to
201201 be immunized, or proof that the child is entitled to provisional
202202 admission under that section and under rules adopted under that
203203 section.
204204 SECTION 7. Section 25.036, Education Code, is amended by
205205 adding Subsection (c) to read as follows:
206206 (c) In the case of a transfer under this section, a child's
207207 school district of residence shall provide the receiving district
208208 with the child's disciplinary record and any threat assessment
209209 involving the child's behavior conducted under Section 37.115.
210210 SECTION 8. Section 37.081, Education Code, is amended by
211211 amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
212212 and (a-4) to read as follows:
213213 (a) The board of trustees of any school district may:
214214 (1) employ or contract with security personnel;
215215 (2) [,] enter into a memorandum of understanding with
216216 a local law enforcement agency or a county or municipality that is
217217 the employing political subdivision of commissioned peace officers
218218 for the provision of school resource officers;
219219 (3) for the purposes of providing security personnel,
220220 contract with a security services contractor licensed under Chapter
221221 1702, Occupations Code, for the provision of a commissioned
222222 security officer, as defined by Section 1702.002, Occupations Code,
223223 who has completed the Level II or III training course required by
224224 the Department of Public Safety; [,] and
225225 (4) commission peace officers to carry out this
226226 subchapter.
227227 (a-1) [If a board of trustees authorizes a person employed
228228 as security personnel to carry a weapon, the person must be a
229229 commissioned peace officer.] The jurisdiction of a peace officer,
230230 a school resource officer, or security personnel under this section
231231 shall be determined by the board of trustees and may include all
232232 territory in the boundaries of the school district and all property
233233 outside the boundaries of the district that is owned, leased, or
234234 rented by or otherwise under the control of the school district and
235235 the board of trustees that employ or contract with, as applicable,
236236 the peace officer or security personnel or that enter into a
237237 memorandum of understanding for the provision of a school resource
238238 officer.
239239 (a-2) A memorandum of understanding for the provision of
240240 school resource officers entered into under Subsection (a) must:
241241 (1) be in the form of an interlocal contract under
242242 Chapter 791, Government Code; and
243243 (2) use a proportionate cost allocation methodology to
244244 address any costs or fees incurred by the school district or the
245245 local law enforcement agency, county, or municipality, as
246246 applicable.
247247 (a-3) The cost allocation methodology used under Subsection
248248 (a-2)(2) may allow a local law enforcement agency, county, or
249249 municipality, as applicable, to recoup direct costs incurred as a
250250 result of the contract but may not allow the agency, county, or
251251 municipality to profit under the contract.
252252 (a-4) A school district, local law enforcement agency,
253253 county, or municipality that enters into a memorandum of
254254 understanding under Subsection (a) may seek funding from federal,
255255 state, and private sources to support the cost of providing school
256256 resource officers under this section.
257257 SECTION 9. Section 37.0812(a), Education Code, is amended
258258 to read as follows:
259259 (a) A school district peace officer or school resource
260260 officer shall complete an active shooter response training program
261261 approved by the Texas Commission on Law Enforcement at least once in
262262 each four-year period.
263263 SECTION 10. Subchapter C, Chapter 37, Education Code, is
264264 amended by adding Section 37.0814 to read as follows:
265265 Sec. 37.0814. ARMED SECURITY OFFICER REQUIRED. (a) The
266266 board of trustees of each school district shall determine the
267267 appropriate number of armed security officers for each district
268268 campus. The board must ensure that at least one armed security
269269 officer is present during regular school hours at each district
270270 campus.
271271 (b) A security officer described by Subsection (a) must be:
272272 (1) a school district peace officer;
273273 (2) a school resource officer; or
274274 (3) a commissioned peace officer employed as security
275275 personnel under Section 37.081.
276276 (c) If the board of trustees of a school district is unable
277277 to comply with this section, the board may claim a good cause
278278 exception from the requirement to comply with this section if the
279279 district's noncompliance is due to the availability of:
280280 (1) funding; or
281281 (2) personnel who qualify to serve as a security
282282 officer described by Subsection (a).
283283 (d) The board of trustees of a school district that claims a
284284 good cause exception under Subsection (c) must develop an
285285 alternative standard with which the district is able to comply,
286286 which may include providing a person to act as a security officer
287287 who is:
288288 (1) a school marshal; or
289289 (2) a school district employee or a person with whom
290290 the district contracts who:
291291 (A) has completed school safety training
292292 provided by a qualified handgun instructor certified in school
293293 safety under Section 411.1901, Government Code; and
294294 (B) carries a handgun on school premises in
295295 accordance with written regulations or written authorization of the
296296 district under Section 46.03(a)(1)(A), Penal Code.
297297 (e) The board of trustees of a school district must develop
298298 and maintain documentation of the district's implementation of and
299299 compliance with this section, including documentation related to a
300300 good cause exception claimed under Subsection (c), and shall, if
301301 requested by the agency, provide that documentation to the agency
302302 in the manner prescribed by the agency.
303303 SECTION 11. Subchapter C, Chapter 37, Education Code, is
304304 amended by adding Section 37.089 to read as follows:
305305 Sec. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL
306306 GROUNDS. (a) Subject to Subsection (b), a person permitted to carry
307307 a firearm on the campus of a school district may not perform the
308308 routine law enforcement duties of a peace officer, including making
309309 arrests, unless the duty is performed in response to an emergency
310310 that poses a threat of death or serious bodily injury to a student,
311311 school district employee, or other individual at the district
312312 campus.
313313 (b) Subsection (a) does not apply to a commissioned peace
314314 officer who is assigned law enforcement duties that are included in
315315 campus and district documents describing the role of peace officers
316316 in the district as required by Section 37.081(d).
317317 SECTION 12. Section 37.108, Education Code, is amended by
318318 amending Subsections (a), (b), and (f) and adding Subsection (h) to
319319 read as follows:
320320 (a) Each school district or public junior college district
321321 shall adopt and implement a multihazard emergency operations plan
322322 for use in the district's facilities. The plan must address
323323 prevention, mitigation, preparedness, response, and recovery as
324324 defined by the Texas School Safety Center in conjunction with the
325325 governor's office of homeland security, [and] the commissioner of
326326 education, and the [or] commissioner of higher education[, as
327327 applicable]. The plan must provide for:
328328 (1) training in responding to an emergency for
329329 district employees, including substitute teachers;
330330 (2) measures to ensure district employees, including
331331 substitute teachers, have classroom access to a telephone,
332332 including a cellular telephone, or another electronic
333333 communication device allowing for immediate contact with district
334334 emergency services or emergency services agencies, law enforcement
335335 agencies, health departments, and fire departments;
336336 (3) measures to ensure district communications
337337 technology and infrastructure are adequate to allow for
338338 communication during an emergency;
339339 (4) if the plan applies to a school district,
340340 mandatory school drills and exercises, including drills required
341341 under Section 37.114, to prepare district students and employees
342342 for responding to an emergency;
343343 (5) measures to ensure coordination with the
344344 Department of State Health Services and local emergency management
345345 agencies, law enforcement, health departments, and fire
346346 departments in the event of an emergency; [and]
347347 (6) the implementation of a safety and security audit
348348 as required by Subsection (b); and
349349 (7) any other requirements established by the Texas
350350 School Safety Center in consultation with the agency and relevant
351351 local law enforcement agencies.
352352 (b) At least once every three years, each school district or
353353 public junior college district shall conduct a safety and security
354354 audit of the district's facilities. A [To the extent possible, a]
355355 district, or a person included in the registry established by the
356356 Texas School Safety Center under Section 37.2091 who is engaged by
357357 the district to conduct a safety and security audit, shall follow
358358 safety and security audit procedures developed by the Texas School
359359 Safety Center in coordination with the commissioner of education or
360360 commissioner of higher education, as applicable [or a person
361361 included in the registry established by the Texas School Safety
362362 Center under Section 37.2091].
363363 (f) A school district shall include in its multihazard
364364 emergency operations plan:
365365 (1) a chain of command that designates the individual
366366 responsible for making final decisions during a disaster or
367367 emergency situation and identifies other individuals responsible
368368 for making those decisions if the designated person is unavailable;
369369 (2) provisions that address physical and
370370 psychological safety for responding to a natural disaster, active
371371 shooter, and any other dangerous scenario identified for purposes
372372 of this section by the agency or the Texas School Safety Center;
373373 (3) provisions for ensuring the safety of students in
374374 portable buildings;
375375 (4) provisions for ensuring that students and district
376376 personnel with disabilities are provided equal access to safety
377377 during a disaster or emergency situation;
378378 (5) provisions for providing immediate notification
379379 to parents, guardians, and other persons standing in parental
380380 relation in circumstances involving a significant threat to the
381381 health or safety of students, including identification of the
382382 individual with responsibility for overseeing the notification;
383383 (6) provisions for supporting the psychological
384384 safety of students, district personnel, and the community during
385385 the response and recovery phase following a disaster or emergency
386386 situation that:
387387 (A) are aligned with best practice-based
388388 programs and research-based practices recommended under Section
389389 38.351;
390390 (B) include strategies for ensuring any required
391391 professional development training for suicide prevention and
392392 grief-informed and trauma-informed care is provided to appropriate
393393 school personnel;
394394 (C) include training on integrating
395395 psychological safety and suicide prevention strategies into the
396396 district's plan, such as psychological first aid for schools
397397 training, from an approved list of recommended training established
398398 by the commissioner and Texas School Safety Center for:
399399 (i) members of the district's school safety
400400 and security committee under Section 37.109;
401401 (ii) district school counselors and mental
402402 health professionals; and
403403 (iii) educators and other district
404404 personnel as determined by the district;
405405 (D) include strategies and procedures for
406406 integrating and supporting physical and psychological safety that
407407 align with the provisions described by Subdivision (2); and
408408 (E) implement trauma-informed policies;
409409 (7) a policy for providing a substitute teacher access
410410 to school campus buildings and materials necessary for the
411411 substitute teacher to carry out the duties of a district employee
412412 during an emergency or a mandatory emergency drill; [and]
413413 (8) the name of each individual on the district's
414414 school safety and security committee established under Section
415415 37.109 and the date of each committee meeting during the preceding
416416 year; and
417417 (9) certification that the district is in compliance
418418 with Section 37.117.
419419 (h) The Texas School Safety Center and the agency shall
420420 provide school safety-related data collected by the center or
421421 agency to each other on request.
422422 SECTION 13. Section 37.1081(a), Education Code, is amended
423423 to read as follows:
424424 (a) If the board of trustees of a school district receives
425425 notice of noncompliance under Section 37.207(e) or 37.2071(d) or
426426 (g) [37.2071(g)], the board shall hold a public hearing to notify
427427 the public of:
428428 (1) the district's failure to:
429429 (A) submit or correct deficiencies in a
430430 multihazard emergency operations plan; or
431431 (B) report the results of a safety and security
432432 audit to the Texas School Safety Center as required by law;
433433 (2) the dates during which the district has not been in
434434 compliance; and
435435 (3) the names of each member of the board of trustees
436436 and the superintendent serving in that capacity during the dates
437437 the district was not in compliance.
438438 SECTION 14. Subchapter D, Chapter 37, Education Code, is
439439 amended by adding Sections 37.1083, 37.1084, 37.1085, 37.1086, and
440440 37.1131 to read as follows:
441441 Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY
442442 AND SECURITY REQUIREMENTS. (a) The agency shall monitor the
443443 implementation and operation of requirements related to school
444444 district safety and security, including school district:
445445 (1) multihazard emergency operations plans; and
446446 (2) safety and security audits.
447447 (b) The agency shall establish an office of school safety
448448 and security within the agency that consists of individuals with
449449 substantial expertise and experience in school or law enforcement
450450 safety and security operations and oversight at the local, state,
451451 or federal level to coordinate the agency's monitoring of school
452452 district safety and security requirements under this section. The
453453 director of the office is appointed by the governor and confirmed by
454454 the senate and must report directly to the commissioner.
455455 (c) The agency shall, in coordination with the Texas School
456456 Safety Center and relevant local law enforcement agencies, provide
457457 technical assistance to school districts to support the
458458 implementation and operation of safety and security requirements.
459459 (d) As part of the technical assistance provided under
460460 Subsection (c), the agency shall conduct a detailed vulnerability
461461 assessment of each school district on a random basis determined by
462462 the agency once every four years. The assessment must:
463463 (1) assess facility access controls, emergency
464464 operations procedures, and other school safety requirements; and
465465 (2) to the greatest extent practicable, coincide with
466466 the safety and security audit required under Section 37.108.
467467 (e) The agency shall use a rubric developed by the office of
468468 school safety and security in collaboration with the Texas School
469469 Safety Center to conduct a vulnerability assessment of a school
470470 district under Subsection (d).
471471 (f) On completion of a vulnerability assessment under
472472 Subsection (d), the agency shall provide to the superintendent and
473473 school safety and security committee established under Section
474474 37.109 for the applicable school district a report on the results of
475475 the assessment that includes recommendations and required
476476 corrective actions to address any deficiencies in campus security
477477 identified by the agency.
478478 (g) The agency may engage a third party as necessary to
479479 enable the agency to monitor the implementation and operation of
480480 school district safety and security requirements under this
481481 section.
482482 (h) The agency may require a school district to submit
483483 information necessary for the agency to monitor the implementation
484484 and operation of school district safety and security requirements
485485 under this section, including:
486486 (1) notice of an event requiring a district's
487487 emergency response including the discovery of a firearm on a
488488 campus; and
489489 (2) information regarding the district's response and
490490 use of emergency operations procedures during an event described by
491491 Subdivision (1).
492492 (i) The agency may review school district records as
493493 necessary to ensure compliance with this subchapter and Subchapter
494494 G.
495495 (j) Any document or information collected, identified,
496496 developed, or produced relating to the monitoring of school
497497 district safety and security requirements under this section is
498498 confidential under Sections 418.177 and 418.181, Government Code,
499499 and not subject to disclosure under Chapter 552, Government Code.
500500 (k) The commissioner may adopt rules as necessary to
501501 administer this section.
502502 Sec. 37.1084. REGIONAL SCHOOL SAFETY REVIEW TEAMS. (a) In
503503 this section:
504504 (1) "Office" means the office of school safety and
505505 security established under Section 37.1083.
506506 (2) "Team" means a school safety review team
507507 established under this section.
508508 (b) The office shall establish a school safety review team
509509 in each region served by a regional education service center. A
510510 team shall annually conduct on-site general intruder detection
511511 audits of school district campuses in the team's region. In
512512 conducting an intruder detection audit, a team must:
513513 (1) use a rubric developed by the office in
514514 consultation with the Texas School Safety Center;
515515 (2) not later than the seventh day before the date of a
516516 scheduled audit, notify the superintendent of the school district
517517 in which the campus being audited is located; and
518518 (3) on completion of the audit, provide to the
519519 superintendent and school safety and security committee
520520 established under Section 37.109 for the school district in which
521521 the campus is located a report on the results of the audit that
522522 includes recommendations and required corrective actions to
523523 address any deficiencies in campus security identified by the team.
524524 (c) A regional education service center shall provide
525525 support as necessary to assist the region's team in conducting
526526 intruder detection audits under this section.
527527 (d) A report produced by a team under this section is
528528 confidential and not subject to disclosure under Chapter 552,
529529 Government Code.
530530 Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE
531531 WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a) Except as
532532 provided by Subsection (c), the commissioner may assign a
533533 conservator under Chapter 39A if a school district fails to:
534534 (1) submit to any required monitoring, assessment, or
535535 audit under Section 37.1083 or 37.1084;
536536 (2) comply with applicable safety and security
537537 requirements; or
538538 (3) address in a reasonable time period, as determined
539539 by commissioner rule, issues raised by the agency's monitoring,
540540 assessment, or audit of the district under Section 37.1083 or
541541 37.1084.
542542 (b) A conservator assigned to a district under this section
543543 may exercise the powers and duties of a conservator under Section
544544 39A.003 only to correct a failure identified under Subsection (a).
545545 (c) This section does not apply to a school district's
546546 failure to comply with Section 37.0814 or a good cause exception
547547 claimed under that section.
548548 Sec. 37.1086. GUIDELINES FOR MULTIHAZARD EMERGENCY
549549 OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR
550550 IMPAIRMENTS. (a) The agency shall establish guidelines for the
551551 provisions in a school district's multihazard emergency operations
552552 plan under Section 37.108(f)(4) to ensure the safety of students
553553 and district personnel with disabilities or impairments during a
554554 disaster or emergency situation, in consultation with:
555555 (1) the Texas School Safety Center;
556556 (2) regional education service centers;
557557 (3) public school educators who work with students
558558 with disabilities or impairments; and
559559 (4) advocacy groups representing individuals with
560560 disabilities or impairments.
561561 (b) A school district must follow the guidelines
562562 established by the agency under Subsection (a) in adopting and
563563 implementing the district's multihazard emergency operations plan
564564 under Section 37.108.
565565 Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)
566566 The agency shall develop model standards for providing notice
567567 regarding violent activity that has occurred or is being
568568 investigated at a school district campus or other district facility
569569 or at a district-sponsored activity to parents, guardians, and
570570 other persons standing in parental relation to students who are
571571 assigned to the campus, regularly use the facility, or are
572572 attending the activity, as applicable. The standards must:
573573 (1) include electronic notification through text
574574 messaging and e-mail;
575575 (2) provide an option for real-time notification; and
576576 (3) protect student privacy.
577577 (b) Each school district shall adopt a policy for providing
578578 notice described by Subsection (a) in a manner that meets the
579579 standards adopted under that subsection.
580580 SECTION 15. Section 37.115, Education Code, is amended by
581581 amending Subsection (c) and adding Subsection (j-1) to read as
582582 follows:
583583 (c) The board of trustees of each school district shall
584584 establish a threat assessment and safe and supportive school team
585585 to serve at each campus of the district and shall adopt policies and
586586 procedures for the teams. The team is responsible for developing
587587 and implementing the safe and supportive school program under
588588 Subsection (b) at the district campus served by the team. The
589589 policies and procedures adopted under this section must:
590590 (1) be consistent with the model policies and
591591 procedures developed by the Texas School Safety Center;
592592 (2) require each team to complete training provided by
593593 the Texas School Safety Center or a regional education service
594594 center regarding evidence-based threat assessment programs; [and]
595595 (3) require each team established under this section
596596 to report the information required under Subsection (k) regarding
597597 the team's activities to the agency; and
598598 (4) require each district campus to establish a clear
599599 procedure for a student to report concerning behavior exhibited by
600600 another student for assessment by the team or other appropriate
601601 school employee.
602602 (j-1) Materials and information provided to or produced by a
603603 team during a threat assessment of a student under this section must
604604 be maintained in the student's school record until the student's
605605 24th birthday.
606606 SECTION 16. Subchapter D, Chapter 37, Education Code, is
607607 amended by adding Section 37.117 to read as follows:
608608 Sec. 37.117. EMERGENCY RESPONSE MAP AND WALK-THROUGH. Each
609609 school district and open-enrollment charter school shall provide to
610610 the Department of Public Safety and all appropriate local law
611611 enforcement agencies and emergency first responders:
612612 (1) an accurate map of each district campus and school
613613 building that is developed and documented in accordance with the
614614 standards described by Section 37.351 related to developing site
615615 and floor plans, access control, and exterior door numbering; and
616616 (2) an opportunity to conduct a walk-through of each
617617 district campus and school building using the map described by
618618 Subdivision (1).
619619 SECTION 17. Sections 37.2071(b), (c), (d), (f), (g), and
620620 (h), Education Code, are amended to read as follows:
621621 (b) A school district or public junior college district
622622 shall submit its multihazard emergency operations plan to the
623623 center:
624624 (1) not later than the 30th day after the date [on
625625 request of] the center requests the submission; and
626626 (2) in accordance with the center's review cycle
627627 developed under Subsection (a).
628628 (c) The center shall review each district's multihazard
629629 emergency operations plan submitted under Subsection (b) and:
630630 (1) verify the plan meets the requirements of Section
631631 37.108; or
632632 (2) provide the district with written notice:
633633 (A) describing the plan's deficiencies; [and]
634634 (B) including specific recommendations to
635635 correct the deficiencies; and
636636 (C) stating that the district must correct the
637637 deficiencies in its plan and resubmit the revised plan to the
638638 center.
639639 (d) If a district fails to submit its multihazard emergency
640640 operations plan to the center for review following a notification
641641 by the center that the district has failed to submit the district's
642642 plan, the center shall provide the district with written notice
643643 stating that the district must hold a public hearing under Section
644644 37.1081[:
645645 [(1) has failed to submit a plan; and
646646 [(2) must submit a plan to the center for review and
647647 verification].
648648 (f) If one month [three months] after the date of initial
649649 notification of a plan's deficiencies under Subsection (c)(2) [or
650650 failure to submit a plan under Subsection (d)] a district has not
651651 corrected the plan deficiencies [or has failed to submit a plan],
652652 the center shall provide written notice to the district and agency
653653 that the district has not complied with the requirements of this
654654 section and must comply immediately.
655655 (g) If a school district still has not corrected the plan
656656 deficiencies three [or has failed to submit a plan six] months after
657657 the date of initial notification under Subsection (c)(2) [or (d)],
658658 the center shall provide written notice to the school district
659659 stating that the district must hold a public hearing under Section
660660 37.1081.
661661 (h) If a school district has failed to submit a plan, the
662662 notice required by Subsection (d) [(g)] must state that the
663663 commissioner is authorized to appoint a conservator under Section
664664 37.1082.
665665 SECTION 18. Section 37.2091, Education Code, is amended by
666666 adding Subsection (b-1) to read as follows:
667667 (b-1) A school district must confirm that a person is
668668 included in the registry established under Subsection (b) before
669669 the district may engage the person to provide school safety or
670670 security consulting services to the district.
671671 SECTION 19. Subchapter G, Chapter 37, Education Code, is
672672 amended by adding Sections 37.221 and 37.222 to read as follows:
673673 Sec. 37.221. FACILITIES STANDARDS REVIEW. (a) At least
674674 once every five years, the center shall review the facilities
675675 standards for instructional facilities adopted under Section 7.061
676676 and make recommendations to the commissioner regarding any changes
677677 necessary to ensure that the facilities standards:
678678 (1) reflect best practices for improving school safety
679679 through the design and construction of school facilities; and
680680 (2) are consistent with standards adopted under
681681 Chapter 469, Government Code, regarding the elimination of
682682 architectural barriers.
683683 (b) The center and commissioner may consult with
684684 stakeholders with relevant expertise regarding whether any updates
685685 to requirements for the use of funds granted or allocated to school
686686 districts for purposes of improving the safety and security of
687687 school facilities are necessary to align with best practices.
688688 (c) In updating facilities standards, the commissioner
689689 shall:
690690 (1) incorporate input from the center and stakeholders
691691 with relevant expertise regarding best practices for standards
692692 applicable to the design and construction of school facilities; and
693693 (2) ensure the standards are updated as necessary to
694694 ensure compliance with any changes to state law and local building
695695 codes.
696696 Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (a) The
697697 center, in collaboration with the Department of Public Safety,
698698 shall provide to each school district and open-enrollment charter
699699 school information and other resources regarding the safe storage
700700 of firearms for distribution by the district or school under
701701 Subsection (b), including information on:
702702 (1) the offense under Section 46.13, Penal Code; and
703703 (2) ways in which parents and guardians can
704704 effectively prevent children from accessing firearms.
705705 (b) Each school district and open-enrollment charter school
706706 shall provide the information and other resources described under
707707 Subsection (a) to the parent or guardian of each student enrolled in
708708 the district or school.
709709 SECTION 20. Chapter 37, Education Code, is amended by
710710 adding Subchapter J to read as follows:
711711 SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES
712712 Sec. 37.351. FACILITIES STANDARDS COMPLIANCE. (a) A school
713713 district must ensure that each district facility complies with each
714714 school facilities standard, including performance standards and
715715 operational requirements, related to safety and security adopted
716716 under Section 7.061 or provided by other law or agency rule.
717717 (b) A school district must develop and maintain
718718 documentation of the district's implementation of and compliance
719719 with school safety and security facilities standards for each
720720 district facility, including a good cause exception claimed under
721721 Section 37.353, and shall, if requested by the agency, provide that
722722 documentation to the agency in the manner prescribed by the agency.
723723 Sec. 37.352. PURCHASING REQUIREMENTS. A school district
724724 shall comply with all applicable state laws and rules relating to
725725 procurement for district purchases relating to achieving
726726 compliance with the facilities standards adopted under Section
727727 7.061 or provided by other law or agency rule.
728728 Sec. 37.353. GOOD CAUSE EXCEPTION. (a) If a school
729729 district is unable to bring a district facility into compliance
730730 with a school facilities standard related to safety and security,
731731 the district may claim a good cause exception from the requirement
732732 to comply with that standard, including for a reason related to:
733733 (1) the age, physical design, or location of the
734734 noncompliant facility;
735735 (2) the projected remaining use or functional life of
736736 the noncompliant facility;
737737 (3) availability of funding; or
738738 (4) supply chain obstacles.
739739 (b) A school district that claims a good cause exception
740740 under Subsection (a) must develop an alternative performance
741741 standard with which the district is able to comply.
742742 Sec. 37.354. FUNDING FOR FACILITIES STANDARDS COMPLIANCE.
743743 (a) The commissioner may authorize a school district to use money
744744 provided to the district for the purpose of improving school safety
745745 and security, including the school safety allotment under Section
746746 48.115 or any other funding or grant money available to the district
747747 for that purpose, to comply with the requirements of this
748748 subchapter.
749749 (a-1) Funds appropriated in S.B. 30, Acts of the 88th
750750 Legislature, Regular Session, 2023, or similar legislation, for the
751751 purpose of improving school safety and security, may be used as
752752 described by Subsection (a). This subsection expires September 1,
753753 2026.
754754 (b) The commissioner may adopt rules regarding safety and
755755 security requirements with which a school district must comply to
756756 receive funding or grant money available for the purpose of
757757 improving school safety and security.
758758 Sec. 37.355. CONFIDENTIALITY. (a) Any document or
759759 information collected, identified, developed, or produced relating
760760 to a safety or security requirement under this subchapter is
761761 confidential under Sections 418.177 and 418.181, Government Code,
762762 and not subject to disclosure under Chapter 552, Government Code.
763763 (b) The commissioner may adopt rules as necessary to
764764 administer this section.
765765 SECTION 21. Section 38.022, Education Code, is amended by
766766 amending Subsection (a) and adding Subsection (a-1) to read as
767767 follows:
768768 (a) A school district may require a person who enters
769769 property under the district's control [a district campus] to
770770 display the person's driver's license, [or] another form of
771771 identification containing the person's photograph issued by a
772772 governmental entity, or, if applicable, the person's district
773773 employee or student identification card. The person must provide
774774 the identification on request.
775775 (a-1) A school district may eject a person from district
776776 property if:
777777 (1) the person refuses or fails to provide on request
778778 identification described by Subsection (a); and
779779 (2) it reasonably appears that the person has no
780780 legitimate reason to be on district property.
781781 SECTION 22. Subchapter E, Chapter 45, Education Code, is
782782 amended by adding Section 45.1011 to read as follows:
783783 Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY
784784 COMPLIANCE. (a) The proceeds of bonds issued by a school district
785785 for the construction and equipment of school buildings in the
786786 district and the purchase of the necessary sites for school
787787 buildings may be used to pay the costs associated with complying
788788 with school safety and security requirements for school facilities
789789 in accordance with Section 37.351.
790790 (b) This subsection applies to a school district that has
791791 been determined by the agency, through the agency's monitoring of
792792 safety and security requirements under Section 37.1083, to not be
793793 in compliance with those requirements. Notwithstanding any other
794794 law, a school district to which this subsection applies must use the
795795 proceeds of bonds described by Subsection (a) to achieve compliance
796796 with applicable safety and security requirements in accordance with
797797 Section 37.351 before the district may use those proceeds for any
798798 other authorized purpose.
799799 SECTION 23. Section 48.115, Education Code, is amended by
800800 amending Subsections (a) and (b) and adding Subsections (a-1),
801801 (b-1), (b-2), (c-1), and (e) to read as follows:
802802 (a) Except as provided by Subsection (a-1), [From funds
803803 appropriated for that purpose, the commissioner shall provide to] a
804804 school district is entitled to an annual allotment equal to the sum
805805 of the following amounts or a greater [in the] amount provided by
806806 appropriation:
807807 (1) $10 for each student in average daily attendance,
808808 plus $1 for each student in average daily attendance per every $50
809809 by which the district's maximum basic allotment under Section
810810 48.051 exceeds $6,160, prorated as necessary; and
811811 (2) $15,000 per campus.
812812 (a-1) A school district campus that provides only virtual
813813 instruction or utilizes only facilities not subject to the
814814 district's control is not included for purposes of determining a
815815 school district's allotment under Subsection (a).
816816 (b) Funds allocated under this section must be used to
817817 improve school safety and security, including costs associated
818818 with:
819819 (1) securing school facilities in accordance with the
820820 requirements of Section 37.351, including:
821821 (A) improvements to school infrastructure;
822822 (B) the use or installation of perimeter security
823823 fencing conducive to a public school learning environment or
824824 physical barriers, which may not include razor wire; [and]
825825 (C) exterior door and window safety and security
826826 upgrades, including exterior door numbering and locking systems and
827827 security film that provides resistance to a forced entry; and
828828 (D) the purchase and maintenance of:
829829 (i) security cameras and, if the district
830830 has already installed security cameras, [or] other security
831831 equipment, including video surveillance as provided by Section
832832 29.022; and
833833 (ii) technology, including communications
834834 systems or devices, such as silent panic alert devices, two-way
835835 radios, or wireless Internet booster equipment, that facilitates
836836 communication and information sharing between students, school
837837 personnel, and first responders in an emergency;
838838 (2) providing security for the district, including:
839839 (A) employing school district peace officers,
840840 private security officers, and school marshals; and
841841 (B) collaborating with local law enforcement
842842 agencies, such as entering into a memorandum of understanding for
843843 the assignment of school resource officers to schools in the
844844 district;
845845 (3) school safety and security measures [training and
846846 planning], including:
847847 (A) active shooter and emergency response
848848 training;
849849 (B) prevention and treatment programs relating
850850 to addressing adverse childhood experiences; and
851851 (C) the prevention, identification, and
852852 management of emergencies and threats, using evidence-based,
853853 effective prevention practices and including:
854854 (i) providing licensed counselors, social
855855 workers, and individuals trained in restorative discipline and
856856 restorative justice practices;
857857 (ii) providing mental health personnel and
858858 support;
859859 (iii) providing behavioral health
860860 services;
861861 (iv) establishing threat reporting
862862 systems; and
863863 (v) developing and implementing programs
864864 focused on restorative justice practices, culturally relevant
865865 instruction, and providing mental health support; [and]
866866 (4) providing programs related to suicide prevention,
867867 intervention, and postvention; and
868868 (5) employing a school safety director and other
869869 personnel to manage and monitor school safety initiatives and the
870870 implementation of school safety requirements for the district.
871871 (b-1) The agency may designate certain technologies that a
872872 school district, in using funds allocated under this section, may
873873 purchase only from a vendor approved by the agency.
874874 (b-2) If the agency, in coordination with the Texas School
875875 Safety Center, determines that entering into a statewide contract
876876 with a vendor for the provision of a technology designated under
877877 Subsection (b-1) would result in cost savings to school districts,
878878 the agency may, after receiving approval from the Legislative
879879 Budget Board and office of the governor, enter into a contract with
880880 a vendor to provide the technology to each district that uses funds
881881 allocated under this section to purchase that technology.
882882 (c-1) The agency, or if designated by the agency, the Texas
883883 School Safety Center, shall establish and publish a directory of
884884 approved vendors of school safety technology and equipment a school
885885 district may select from when using funds allocated under this
886886 section. If a school district uses funds allocated under this
887887 section to purchase technology or equipment from a vendor that is
888888 not included in the directory, the district must solicit bids from
889889 at least three vendors before completing the purchase.
890890 (e) Notwithstanding any other law, a school district may use
891891 funds allocated under this section to provide training to a person
892892 authorized by the district to carry a firearm on a district campus.
893893 SECTION 24. Subchapter Z, Chapter 411, Government Code, is
894894 amended by adding Section 411.951 to read as follows:
895895 Sec. 411.951. CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY
896896 REPORTING SYSTEM REPORTS. All suspicious activity reports and
897897 school safety reports included in the iWatchTexas community
898898 reporting system operated by the department are confidential and
899899 not subject to disclosure under Chapter 552.
900900 SECTION 25. Subchapter B, Chapter 85, Local Government
901901 Code, is amended by adding Section 85.024 to read as follows:
902902 Sec. 85.024. SCHOOL SAFETY MEETINGS. (a) The sheriff of a
903903 county with a total population of less than 350,000 in which a
904904 public school is located shall call and conduct semiannual meetings
905905 to discuss:
906906 (1) school safety;
907907 (2) coordinated law enforcement response to school
908908 violence incidents;
909909 (3) law enforcement agency capabilities;
910910 (4) available resources;
911911 (5) emergency radio interoperability;
912912 (6) chain of command planning; and
913913 (7) other related subjects proposed by a person in
914914 attendance at the meeting.
915915 (b) The sheriff of a county to which this section applies in
916916 which more than one public school is located is only required to
917917 hold one semiannual meeting described by Subsection (a). This
918918 subsection does not require public schools located within the same
919919 county to adopt the same school safety policies.
920920 (c) The following persons shall attend a meeting called
921921 under Subsection (a):
922922 (1) the sheriff or the sheriff's designee;
923923 (2) the police chief of a municipal police department
924924 in the county or the police chief's designee;
925925 (3) each elected constable in the county or the
926926 constable's designees;
927927 (4) each police chief of a school district's police
928928 department or school district security coordinator from each school
929929 district located in the county;
930930 (5) a representative of the Department of Public
931931 Safety assigned to the county;
932932 (6) a representative of each other state agency with
933933 commissioned peace officers assigned to the county;
934934 (7) a person appointed to a command staff position at
935935 an emergency medical service in the county;
936936 (8) a person appointed to a command staff position at a
937937 municipal emergency medical service in the county;
938938 (9) a person appointed to a command staff position at a
939939 fire department in the county;
940940 (10) the superintendent or the superintendent's
941941 designee of each school district located in the county;
942942 (11) the person who serves the function of
943943 superintendent, or that person's designee, in each open-enrollment
944944 charter school located in the county; and
945945 (12) any other person the sheriff considers
946946 appropriate.
947947 (d) The sheriff shall invite any federal law enforcement
948948 official serving in the county to attend the meeting.
949949 (e) As soon as practicable after a meeting under Subsection
950950 (a), the sheriff shall submit a report to the Texas School Safety
951951 Center identifying the attendees of the meeting and the subjects
952952 discussed. The Texas School Safety Center shall maintain the report
953953 and make it publicly available on the center's Internet website.
954954 The center may not make publicly available and shall redact any
955955 parts of a report that the center determines may expose a safety
956956 vulnerability of a school district facility.
957957 SECTION 26. (a) As soon as practicable after the effective
958958 date of this Act, the Texas Education Agency shall establish the
959959 office of school safety and security and the governor shall appoint
960960 the director of that office as required by Section 37.1083,
961961 Education Code, as added by this Act.
962962 (b) As soon as practicable after the office of school safety
963963 and security has been established, the office shall establish
964964 school safety review teams in each region served by a regional
965965 education service center as required by Section 37.1084, Education
966966 Code, as added by this Act.
967967 SECTION 27. Section 45.1011, Education Code, as added by
968968 this Act, applies only to a bond authorized to be issued at an
969969 election held on or after the effective date of this Act.
970970 SECTION 28. To the extent of any conflict, this Act prevails
971971 over another Act of the 88th Legislature, Regular Session, 2023,
972972 relating to nonsubstantive additions to and corrections in enacted
973973 codes.
974974 SECTION 29. (a) Section 7.028 and Chapter 37, Education
975975 Code, as amended by this Act, apply beginning with the 2023-2024
976976 school year.
977977 (b) Notwithstanding Section 22.904, Education Code, as
978978 added by this Act, a school district must require the district's
979979 employees to complete the mental health training required under
980980 that section as follows:
981981 (1) at least 25 percent of the applicable district
982982 employees before the beginning of the 2025-2026 school year;
983983 (2) at least 50 percent of the applicable district
984984 employees before the beginning of the 2026-2027 school year;
985985 (3) at least 75 percent of the applicable district
986986 employees before the beginning of the 2027-2028 school year; and
987987 (4) 100 percent of the applicable district employees
988988 before the beginning of the 2028-2029 school year.
989989 SECTION 30. (a) Except as provided by Subsection (b) of
990990 this section, this Act takes effect immediately if it receives a
991991 vote of two-thirds of all the members elected to each house, as
992992 provided by Section 39, Article III, Texas Constitution. If this
993993 Act does not receive the vote necessary for immediate effect, this
994994 Act takes effect September 1, 2023.
995995 (b) Section 48.115, Education Code, as amended by this Act,
996996 takes effect September 1, 2023.
997997 ______________________________ ______________________________
998998 President of the Senate Speaker of the House
999999 I certify that H.B. No. 3 was passed by the House on April 25,
10001000 2023, by the following vote: Yeas 119, Nays 25, 1 present, not
10011001 voting; that the House refused to concur in Senate amendments to
10021002 H.B. No. 3 on May 23, 2023, and requested the appointment of a
10031003 conference committee to consider the differences between the two
10041004 houses; and that the House adopted the conference committee report
10051005 on H.B. No. 3 on May 28, 2023, by the following vote: Yeas 93, Nays
10061006 49, 1 present, not voting.
10071007 ______________________________
10081008 Chief Clerk of the House
10091009 I certify that H.B. No. 3 was passed by the Senate, with
10101010 amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
10111011 0; at the request of the House, the Senate appointed a conference
10121012 committee to consider the differences between the two houses; and
10131013 that the Senate adopted the conference committee report on H.B. No.
10141014 3 on May 28, 2023, by the following vote: Yeas 26, Nays 5.
10151015 ______________________________
10161016 Secretary of the Senate
10171017 APPROVED: __________________
10181018 Date
10191019 __________________
10201020 Governor