88R9058 AMF-D
By: Manuel H.B. No. 5102
A BILL TO BE ENTITLED
AN ACT
relating to safety and security audits at a school district or
public junior college district and requiring deficiencies
identified in those audits to be corrected.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.108, Education Code, is amended by
amending Subsections (b), (c), (c-1), and (c-2) and adding
Subsections (b-2) and (c-3) to read as follows:
(b) At least once every two [three] years, each school
district or public junior college district shall conduct a safety
and security audit of the district's facilities. The audit must be
conducted by [To the extent possible, a district shall follow
safety and security audit procedures developed by the Texas School
Safety Center or] a person included in the registry established by
the Texas School Safety Center under Section 37.2091 who is not an
employee of the district.
(b-2) If the results of a school district's or public junior
college district's safety and security audit conducted under
Subsection (b) identify deficiencies in the district's safety or
security, the district shall correct the deficiencies by the date
specified by the auditor. On or as soon as practicable after that
date, the auditor shall conduct a follow-up audit to confirm
whether the district has corrected the deficiencies.
(c) A school district or public junior college district
shall report the results of the safety and security audit conducted
under Subsection (b) or a follow-up audit conducted under
Subsection (b-2) to the district's board of trustees and, in the
manner required by the Texas School Safety Center, to the Texas
School Safety Center. A [The] report provided to the Texas School
Safety Center under this subsection must be signed by:
(1) for a school district, the district's board of
trustees and superintendent; or
(2) for a public junior college district, the
president of the junior college district.
(c-1) Except as provided by Subsections [Subsection] (c-2)
and (c-3), any document or information collected, developed, or
produced during a safety and security audit conducted under
Subsection (b) or a follow-up audit conducted under Subsection
(b-2) is not subject to disclosure under Chapter 552, Government
Code.
(c-2) A document relating to a school district's or public
junior college district's multihazard emergency operations plan is
subject to disclosure if the document enables a person to:
(1) verify that the district has established a plan
and determine the agencies involved in the development of the plan
and the agencies coordinating with the district to respond to an
emergency, including the Department of State Health Services, local
emergency services agencies, law enforcement agencies, health
departments, and fire departments;
(2) verify that the district's plan was reviewed
within the last 12 months and determine the specific review dates;
(3) verify that the plan addresses the five phases of
emergency management under Subsection (a);
(4) verify that district employees have been trained
to respond to an emergency and determine the types of training, the
number of employees trained, and the person conducting the
training;
(5) verify that each campus in the district has
conducted mandatory emergency drills and exercises in accordance
with the plan and determine the frequency of the drills;
(6) if the district is a school district, verify that
the district has established a plan for responding to a train
derailment if required under Subsection (d);
(7) verify that the district has completed a safety
and security audit under Subsection (b) and determine the date the
audit was conducted, the person conducting the audit, and the date
the district presented the results of the audit to the district's
board of trustees;
(8) verify that the district has corrected any
deficiencies identified by a safety and security audit conducted
under Subsection (b) by the date specified in the audit;
(9) verify that the district has addressed any
recommendations by the district's board of trustees for improvement
of the plan and determine the district's progress within the last 12
months; and
(10) [(9)] if the district is a school district,
verify that the district has established a visitor policy and
identify the provisions governing access to a district building or
other district property.
(c-3) If the Texas School Safety Center receives a report
under Subsection (c) on the results of a follow-up audit conducted
under Subsection (b-2) indicating that a school district or public
junior college district has failed to correct a deficiency
identified in the preceding safety and security audit conducted
under Subsection (b), the center shall notify the agency of the
district's failure to correct the deficiency. The agency shall
maintain on the agency's Internet website a publicly accessible
list of school districts and public junior college districts for
which the agency receives notice under this section.
SECTION 2. Section 37.108(b-2), Education Code, as added by
this Act, applies only to a safety and security audit conducted
under that section on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.