Texas 2023 - 88th Regular

Texas House Bill HB5102 Compare Versions

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Version 2 (New)

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1	1	88R9058 AMF-D
2	2	By: Manuel H.B. No. 5102
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to safety and security audits at a school district or
8	8	public junior college district and requiring deficiencies
9	9	identified in those audits to be corrected.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 37.108, Education Code, is amended by
12	12	amending Subsections (b), (c), (c-1), and (c-2) and adding
13	13	Subsections (b-2) and (c-3) to read as follows:
14	14	(b) At least once every two [three] years, each school
15	15	district or public junior college district shall conduct a safety
16	16	and security audit of the district's facilities. The audit must be
17	17	conducted by [To the extent possible, a district shall follow
18	18	safety and security audit procedures developed by the Texas School
19	19	Safety Center or] a person included in the registry established by
20	20	the Texas School Safety Center under Section 37.2091 who is not an
21	21	employee of the district.
22	22	(b-2) If the results of a school district's or public junior
23	23	college district's safety and security audit conducted under
24	24	Subsection (b) identify deficiencies in the district's safety or
25	25	security, the district shall correct the deficiencies by the date
26	26	specified by the auditor. On or as soon as practicable after that
27	27	date, the auditor shall conduct a follow-up audit to confirm
28	28	whether the district has corrected the deficiencies.
29	29	(c) A school district or public junior college district
30	30	shall report the results of the safety and security audit conducted
31	31	under Subsection (b) or a follow-up audit conducted under
32	32	Subsection (b-2) to the district's board of trustees and, in the
33	33	manner required by the Texas School Safety Center, to the Texas
34	34	School Safety Center. A [The] report provided to the Texas School
35	35	Safety Center under this subsection must be signed by:
36	36	(1) for a school district, the district's board of
37	37	trustees and superintendent; or
38	38	(2) for a public junior college district, the
39	39	president of the junior college district.
40	40	(c-1) Except as provided by Subsections [Subsection] (c-2)
41	41	and (c-3), any document or information collected, developed, or
42	42	produced during a safety and security audit conducted under
43	43	Subsection (b) or a follow-up audit conducted under Subsection
44	44	(b-2) is not subject to disclosure under Chapter 552, Government
45	45	Code.
46	46	(c-2) A document relating to a school district's or public
47	47	junior college district's multihazard emergency operations plan is
48	48	subject to disclosure if the document enables a person to:
49	49	(1) verify that the district has established a plan
50	50	and determine the agencies involved in the development of the plan
51	51	and the agencies coordinating with the district to respond to an
52	52	emergency, including the Department of State Health Services, local
53	53	emergency services agencies, law enforcement agencies, health
54	54	departments, and fire departments;
55	55	(2) verify that the district's plan was reviewed
56	56	within the last 12 months and determine the specific review dates;
57	57	(3) verify that the plan addresses the five phases of
58	58	emergency management under Subsection (a);
59	59	(4) verify that district employees have been trained
60	60	to respond to an emergency and determine the types of training, the
61	61	number of employees trained, and the person conducting the
62	62	training;
63	63	(5) verify that each campus in the district has
64	64	conducted mandatory emergency drills and exercises in accordance
65	65	with the plan and determine the frequency of the drills;
66	66	(6) if the district is a school district, verify that
67	67	the district has established a plan for responding to a train
68	68	derailment if required under Subsection (d);
69	69	(7) verify that the district has completed a safety
70	70	and security audit under Subsection (b) and determine the date the
71	71	audit was conducted, the person conducting the audit, and the date
72	72	the district presented the results of the audit to the district's
73	73	board of trustees;
74	74	(8) verify that the district has corrected any
75	75	deficiencies identified by a safety and security audit conducted
76	76	under Subsection (b) by the date specified in the audit;
77	77	(9) verify that the district has addressed any
78	78	recommendations by the district's board of trustees for improvement
79	79	of the plan and determine the district's progress within the last 12
80	80	months; and
81	81	(10) [(9)] if the district is a school district,
82	82	verify that the district has established a visitor policy and
83	83	identify the provisions governing access to a district building or
84	84	other district property.
85	85	(c-3) If the Texas School Safety Center receives a report
86	86	under Subsection (c) on the results of a follow-up audit conducted
87	87	under Subsection (b-2) indicating that a school district or public
88	88	junior college district has failed to correct a deficiency
89	89	identified in the preceding safety and security audit conducted
90	90	under Subsection (b), the center shall notify the agency of the
91	91	district's failure to correct the deficiency. The agency shall
92	92	maintain on the agency's Internet website a publicly accessible
93	93	list of school districts and public junior college districts for
94	94	which the agency receives notice under this section.
95	95	SECTION 2. Section 37.108(b-2), Education Code, as added by
96	96	this Act, applies only to a safety and security audit conducted
97	97	under that section on or after the effective date of this Act.
98	98	SECTION 3. This Act takes effect September 1, 2023.