Texas 2023 - 88th Regular

Texas Senate Bill SB11 Compare Versions

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1	1	88R29639 ANG-D
2	2	By: Nichols, et al. S.B. No. 11
3	3	(King of Hemphill)
4	4	Substitute the following for S.B. No. 11: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to measures for ensuring safety and security in public
10	10	schools, including measures related to the health and safety of
11	11	public school students and active shooter training for certain
12	12	peace officers.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 7.028(a), Education Code, is amended to
15	15	read as follows:
16	16	(a) Except as provided by Section 21.006(k), 22.093(l),
17	17	22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 38.003,
18	18	or 39.003, the agency may monitor compliance with requirements
19	19	applicable to a process or program provided by a school district,
20	20	campus, program, or school granted charters under Chapter 12,
21	21	including the process described by Subchapter F, Chapter 11, or a
22	22	program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
23	23	or Subchapter A, Chapter 37, only as necessary to ensure:
24	24	(1) compliance with federal law and regulations;
25	25	(2) financial accountability, including compliance
26	26	with grant requirements;
27	27	(3) data integrity for purposes of:
28	28	(A) the Public Education Information Management
29	29	System (PEIMS); and
30	30	(B) accountability under Chapters 39 and 39A; and
31	31	(4) qualification for funding under Chapter 48.
32	32	SECTION 2. Sections 7.061(b) and (c), Education Code, are
33	33	amended to read as follows:
34	34	(b) The commissioner shall adopt or amend rules as necessary
35	35	to ensure that facilities [building] standards for instructional
36	36	facilities and other school district and open-enrollment charter
37	37	school facilities, including construction quality, performance,
38	38	operational, and other standards related to the safety and security
39	39	of school facilities, provide a secure and safe environment. In
40	40	adopting or amending rules under this section, the commissioner
41	41	shall include the use of best practices for:
42	42	(1) the design and construction of new facilities; and
43	43	(2) the improvement, renovation, and retrofitting of
44	44	existing facilities.
45	45	(c) Not later than September 1 of each even-numbered year,
46	46	the commissioner shall review all rules adopted or amended under
47	47	this section and amend the rules as necessary to ensure that
48	48	facilities [building] standards for school district and
49	49	open-enrollment charter school facilities continue to provide a
50	50	secure and safe environment. In reviewing and amending the rules,
51	51	the commissioner shall:
52	52	(1) in consultation with the Texas School Safety
53	53	Center, identify and adopt any changes recommended under Section
54	54	37.221; and
55	55	(2) require that new and, to the extent feasible,
56	56	existing school facilities meet or exceed the standards established
57	57	by rule under this section and described by Section 37.351.
58	58	SECTION 3. Subchapter B, Chapter 8, Education Code, is
59	59	amended by adding Section 8.064 to read as follows:
60	60	Sec. 8.064. SCHOOL SAFETY SUPPORT. A regional education
61	61	service center shall act as a school safety resource, using
62	62	materials and resources developed by the Texas School Safety Center
63	63	or the agency in accordance with Chapter 37, for school districts
64	64	and open-enrollment charter schools in the region served by the
65	65	center. The center may assist a school district or open-enrollment
66	66	charter school directly or in collaboration with the Texas School
67	67	Safety Center and local law enforcement agencies, as applicable:
68	68	(1) in developing and implementing a multihazard
69	69	emergency operations plan under Section 37.108;
70	70	(2) in establishing a school safety and security
71	71	committee under Section 37.109;
72	72	(3) in conducting emergency school drills and
73	73	exercises;
74	74	(4) in addressing deficiencies in campus security
75	75	identified by an on-site audit conducted by the agency under
76	76	Section 37.1083; and
77	77	(5) by providing guidance on any other matter relating
78	78	to school safety and security.
79	79	SECTION 4. Section 11.201(c), Education Code, is amended to
80	80	read as follows:
81	81	(c) For purposes of this subsection, "severance payment"
82	82	means any amount paid by the board of trustees of an independent
83	83	school district to or in behalf of a superintendent on early
84	84	termination of the superintendent's contract that exceeds the
85	85	amount earned by the superintendent under the contract as of the
86	86	date of termination, including any amount that exceeds the amount
87	87	of earned standard salary and benefits that is paid as a condition
88	88	of early termination of the contract. The board of trustees may not
89	89	make a severance payment to a superintendent who was terminated as a
90	90	result of the district's noncompliance with safety and security
91	91	requirements as provided by Section 37.1084. The board of trustees
92	92	that makes a severance payment to a superintendent shall report the
93	93	terms of the severance payment to the commissioner. The
94	94	commissioner shall reduce the district's Foundation School Program
95	95	funds by any amount that the amount of the severance payment to the
96	96	superintendent exceeds an amount equal to one year's salary and
97	97	benefits under the superintendent's terminated contract. The
98	98	commissioner may adopt rules as necessary to administer this
99	99	subsection.
100	100	SECTION 5. Section 12.104(b), Education Code, as amended by
101	101	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
102	102	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
103	103	Session, 2021, is reenacted and amended to read as follows:
104	104	(b) An open-enrollment charter school is subject to:
105	105	(1) a provision of this title establishing a criminal
106	106	offense;
107	107	(2) the provisions in Chapter 554, Government Code;
108	108	and
109	109	(3) a prohibition, restriction, or requirement, as
110	110	applicable, imposed by this title or a rule adopted under this
111	111	title, relating to:
112	112	(A) the Public Education Information Management
113	113	System (PEIMS) to the extent necessary to monitor compliance with
114	114	this subchapter as determined by the commissioner;
115	115	(B) criminal history records under Subchapter C,
116	116	Chapter 22;
117	117	(C) reading instruments and accelerated reading
118	118	instruction programs under Section 28.006;
119	119	(D) accelerated instruction under Section
120	120	28.0211;
121	121	(E) high school graduation requirements under
122	122	Section 28.025;
123	123	(F) special education programs under Subchapter
124	124	A, Chapter 29;
125	125	(G) bilingual education under Subchapter B,
126	126	Chapter 29;
127	127	(H) prekindergarten programs under Subchapter E
128	128	or E-1, Chapter 29, except class size limits for prekindergarten
129	129	classes imposed under Section 25.112, which do not apply;
130	130	(I) extracurricular activities under Section
131	131	33.081;
132	132	(J) discipline management practices or behavior
133	133	management techniques under Section 37.0021;
134	134	(K) health and safety under Chapter 38;
135	135	(L) the provisions of Subchapter A, Chapter 39;
136	136	(M) public school accountability and special
137	137	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
138	138	39, and Chapter 39A;
139	139	(N) the requirement under Section 21.006 to
140	140	report an educator's misconduct;
141	141	(O) intensive programs of instruction under
142	142	Section 28.0213;
143	143	(P) the right of a school employee to report a
144	144	crime, as provided by Section 37.148;
145	145	(Q) bullying prevention policies and procedures
146	146	under Section 37.0832;
147	147	(R) the right of a school under Section 37.0052
148	148	to place a student who has engaged in certain bullying behavior in a
149	149	disciplinary alternative education program or to expel the student;
150	150	(S) the right under Section 37.0151 to report to
151	151	local law enforcement certain conduct constituting assault or
152	152	harassment;
153	153	(T) a parent's right to information regarding the
154	154	provision of assistance for learning difficulties to the parent's
155	155	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
156	156	(U) establishment of residency under Section
157	157	25.001;
158	158	(V) school safety requirements under Sections
159	159	37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.109,
160	160	37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter
161	161	J, Chapter 37;
162	162	(W) the early childhood literacy and mathematics
163	163	proficiency plans under Section 11.185;
164	164	(X) the college, career, and military readiness
165	165	plans under Section 11.186; and
166	166	(Y) [(X)] parental options to retain a student
167	167	under Section 28.02124.
168	168	SECTION 6. Subchapter Z, Chapter 22, Education Code, is
169	169	amended by adding Section 22.904 to read as follows:
170	170	Sec. 22.904. MENTAL HEALTH FIRST AID TRAINING. (a) Except
171	171	as otherwise provided by this section, a school district shall
172	172	require each district employee who regularly interacts with
173	173	students enrolled at the district to complete an evidence-based
174	174	mental health first aid training program designed to provide
175	175	instruction to participants regarding the recognition and support
176	176	of children and youth who experience a mental health or substance
177	177	use issue that may pose a threat to school safety.
178	178	(b) A school district may not require a district employee
179	179	who has previously completed mental health first aid training
180	180	offered by a local mental health authority under Section 1001.203,
181	181	Health and Safety Code, to complete the training required by this
182	182	section.
183	183	(c) The agency shall provide an allotment to each school
184	184	district equal to the sum of the amount district employees spent on
185	185	travel and training fees and the product of each employee's hourly
186	186	salary multiplied by the number of hours that employee spent
187	187	completing the training in accordance with commissioner rule to
188	188	comply with this section. An allotment provided to a district under
189	189	this section must be used to reimburse the employee for the cost of
190	190	travel and training fees and to compensate the employee for the time
191	191	spent completing the training required by this section.
192	192	(d) The State Board for Educator Certification shall
193	193	propose rules allowing an educator to receive credit toward the
194	194	educator's continuing education requirements under Section
195	195	21.054(g) for the educator's participation in mental health first
196	196	aid training under this section.
197	197	(e) The commissioner shall adopt rules to implement this
198	198	section, including rules specifying the training fees and travel
199	199	expenses subject to reimbursement under Subsection (c).
200	200	SECTION 7. Section 25.002(a), Education Code, is amended to
201	201	read as follows:
202	202	(a) If a parent or other person with legal control of a child
203	203	under a court order enrolls the child in a public school, the parent
204	204	or other person or the school district in which the child most
205	205	recently attended school shall furnish to the school district:
206	206	(1) the child's birth certificate or another document
207	207	suitable as proof of the child's identity;
208	208	(2) a copy of the child's records from the school the
209	209	child most recently attended if the child has been previously
210	210	enrolled in a school in this state or another state, including for a
211	211	child who most recently attended a public school in this state, a
212	212	copy of the child's disciplinary record and any threat assessment
213	213	involving the child's behavior conducted under Section 37.115; and
214	214	(3) a record showing that the child has the
215	215	immunizations as required under Section 38.001, in the case of a
216	216	child required under that section to be immunized, proof as
217	217	required by that section showing that the child is not required to
218	218	be immunized, or proof that the child is entitled to provisional
219	219	admission under that section and under rules adopted under that
220	220	section.
221	221	SECTION 8. Section 25.036, Education Code, is amended by
222	222	adding Subsection (c) to read as follows:
223	223	(c) In the case of a transfer under this section, a child's
224	224	school district of residence shall provide the receiving district
225	225	with the child's disciplinary record and any threat assessment
226	226	involving the child's behavior conducted under Section 37.115.
227	227	SECTION 9. Section 29.202(a), Education Code, is amended to
228	228	read as follows:
229	229	(a) A student is eligible to receive a public education
230	230	grant or to attend another public school in the district in which
231	231	the student resides under this subchapter if the student is
232	232	assigned to attend a public school campus:
233	233	(1) assigned an unacceptable performance rating that
234	234	is made publicly available under Section 39.054; or
235	235	(2) determined by the commissioner to be noncompliant
236	236	with safety and security requirements under Section 37.1084.
237	237	SECTION 10. Subchapter Z, Chapter 29, Education Code, is
238	238	amended by adding Section 29.9074 to read as follows:
239	239	Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To
240	240	educate students about the dangers posed by the drug fentanyl and
241	241	the risks of fentanyl poisoning, including overdose, the governor
242	242	shall designate a week to be known as Fentanyl Poisoning Awareness
243	243	Week in public schools.
244	244	(b) Fentanyl Poisoning Awareness Week may include
245	245	age-appropriate instruction, including instruction on the
246	246	prevention of the abuse of and addiction to fentanyl, as determined
247	247	by each school district.
248	248	SECTION 11. Section 37.081, Education Code, is amended by
249	249	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
250	250	and (a-4) to read as follows:
251	251	(a) The board of trustees of any school district may:
252	252	(1) employ or contract with security personnel;
253	253	(2) [,] enter into a memorandum of understanding with
254	254	a local law enforcement agency or a county or municipality that is
255	255	the employing political subdivision of commissioned peace officers
256	256	for the provision of school resource officers;
257	257	(3) for the purposes of providing security personnel,
258	258	contract with a security services contractor licensed under Chapter
259	259	1702, Occupations Code, for the provision of a commissioned
260	260	security officer, as defined by Section 1702.002, Occupations Code,
261	261	who has completed the Level II or III training course required by
262	262	the Department of Public Safety; [,] and
263	263	(4) commission peace officers to carry out this
264	264	subchapter.
265	265	(a-1) [If a board of trustees authorizes a person employed
266	266	as security personnel to carry a weapon, the person must be a
267	267	commissioned peace officer.] The jurisdiction of a peace officer,
268	268	a school resource officer, or security personnel under this section
269	269	shall be determined by the board of trustees and may include all
270	270	territory in the boundaries of the school district and all property
271	271	outside the boundaries of the district that is owned, leased, or
272	272	rented by or otherwise under the control of the school district and
273	273	the board of trustees that employ or contract with, as applicable,
274	274	the peace officer or security personnel or that enter into a
275	275	memorandum of understanding for the provision of a school resource
276	276	officer.
277	277	(a-2) A memorandum of understanding for the provision of
278	278	school resource officers entered into under Subsection (a) must:
279	279	(1) be in the form of an interlocal contract under
280	280	Chapter 791, Government Code; and
281	281	(2) use a proportionate cost allocation methodology to
282	282	address any costs or fees incurred by the school district or the
283	283	local law enforcement agency, county, or municipality, as
284	284	applicable.
285	285	(a-3) The cost allocation methodology used under Subsection
286	286	(a-2)(2) may allow a local law enforcement agency, county, or
287	287	municipality, as applicable, to recoup direct costs incurred as a
288	288	result of the contract but may not allow the agency, county, or
289	289	municipality to profit under the contract.
290	290	(a-4) A school district, local law enforcement agency,
291	291	county, or municipality that enters into a memorandum of
292	292	understanding under Subsection (a) may seek funding from federal,
293	293	state, and private sources to support the cost of providing school
294	294	resource officers under this section.
295	295	SECTION 12. Section 37.0812(a), Education Code, is amended
296	296	to read as follows:
297	297	(a) A school district peace officer or school resource
298	298	officer shall complete an active shooter response training program
299	299	approved by the Texas Commission on Law Enforcement at least once in
300	300	each four-year period.
301	301	SECTION 13. Subchapter C, Chapter 37, Education Code, is
302	302	amended by adding Section 37.08121 to read as follows:
303	303	Sec. 37.08121. SCHOOL SENTINEL PROGRAM, TRAINING, AND
304	304	STIPEND. (a) In this section, "school sentinel" means a school
305	305	district or open-enrollment charter school employee who, pursuant
306	306	to the written regulations or written authorization of the district
307	307	or school under Section 46.03(a)(1)(A), Penal Code, is authorized
308	308	to carry or possess a specified weapon for the purpose of providing
309	309	safety and security on the physical premises of the employee's
310	310	school, any grounds or building on which an activity sponsored by
311	311	the school is being conducted, or a passenger transportation
312	312	vehicle of the school.
313	313	(b) A school district or open-enrollment charter school may
314	314	establish a school sentinel program in accordance with this section
315	315	for the purposes of school safety and security on school premises.
316	316	The written regulation or authorization of a school district or
317	317	open-enrollment charter school that authorizes the presence of a
318	318	school sentinel must require the sentinel to complete a school
319	319	sentinel training program approved by the agency under this section
320	320	before being permitted to carry or possess a weapon on the physical
321	321	premises of the school for the purposes of providing safety and
322	322	security.
323	323	(c) A school district or open-enrollment charter school
324	324	that authorizes the presence of a school sentinel under this
325	325	section shall:
326	326	(1) designate a marking or uniform that identifies to
327	327	a law enforcement agency that the person is a school sentinel;
328	328	(2) require each school sentinel to wear a marking or
329	329	uniform described by Subdivision (1) while providing school
330	330	sentinel services at the district or school in the manner provided
331	331	under Subsection (b); and
332	332	(3) maintain information regarding the marking or
333	333	uniform designated under Subdivision (1) as confidential except
334	334	that the district or school shall disclose the information to an
335	335	appropriate law enforcement agency in accordance with Section
336	336	37.108(g).
337	337	(d) The agency may only approve a school sentinel training
338	338	program if the program:
339	339	(1) requires completion of all training required for a
340	340	school marshal, including the training program provided under
341	341	Section 1701.260, Occupations Code; and
342	342	(2) includes instruction in mental health first aid
343	343	and trauma-informed care.
344	344	(e) From funds appropriated or otherwise available for the
345	345	purpose, a school district or open-enrollment charter school
346	346	employee is entitled to a stipend in an amount determined by the
347	347	commissioner of not more than $25,000 per school year that the
348	348	employee serves as a school sentinel after completing the training
349	349	program required by this section. A stipend received under this
350	350	subsection is not considered a part of the employee's compensation,
351	351	including for purposes of determining whether a school district is
352	352	paying an employee the minimum monthly salary under Section 21.402.
353	353	(f) The commissioner shall adopt rules necessary to
354	354	implement this section.
355	355	SECTION 14. Section 37.108, Education Code, is amended by
356	356	amending Subsections (a), (b), (f), and (g) and adding Subsection
357	357	(h) to read as follows:
358	358	(a) Each school district or public junior college district
359	359	shall adopt and implement a multihazard emergency operations plan
360	360	for use in the district's facilities. The plan must address
361	361	prevention, mitigation, preparedness, response, and recovery as
362	362	defined by the Texas School Safety Center in conjunction with the
363	363	governor's office of homeland security, [and] the commissioner of
364	364	education, and the [or] commissioner of higher education[, as
365	365	applicable]. The plan must provide for:
366	366	(1) training in responding to an emergency for
367	367	district employees, including substitute teachers;
368	368	(2) measures to ensure district employees, including
369	369	substitute teachers, have classroom access to a telephone,
370	370	including a cellular telephone, or another electronic
371	371	communication device allowing for immediate contact with district
372	372	emergency services and [or] emergency services agencies, law
373	373	enforcement agencies, health departments, and fire departments;
374	374	(3) measures to ensure district communications
375	375	technology and infrastructure are adequate to allow for
376	376	communication during an emergency;
377	377	(4) if the plan applies to a school district,
378	378	mandatory school drills and exercises, including drills required
379	379	under Section 37.114, to prepare district students and employees
380	380	for responding to an emergency;
381	381	(5) measures to ensure coordination with the
382	382	Department of State Health Services and local emergency management
383	383	agencies, law enforcement, health departments, and fire
384	384	departments in the event of an emergency; [and]
385	385	(6) the implementation of a safety and security audit
386	386	as required by Subsection (b);
387	387	(7) documentation related to the district's compliance
388	388	with safety and security facility standards, including:
389	389	(A) campus site plans;
390	390	(B) documentation of exterior door numbering for
391	391	each campus; and
392	392	(C) any good cause exceptions claimed by the
393	393	district under Section 37.352;
394	394	(8) evidence-based strategies to create a positive and
395	395	safe school environment, including:
396	396	(A) family engagement programs;
397	397	(B) employee training on multi-tiered systems of
398	398	support for academic and behavioral success;
399	399	(C) efforts to respond to chronic absenteeism;
400	400	(D) integrating the trauma-informed practices
401	401	established by the district's trauma-informed care policy under
402	402	Section 38.036; and
403	403	(E) opportunities for community feedback on the
404	404	implementation of the measures required by this subdivision; and
405	405	(9) any other requirements established by the Texas
406	406	School Safety Center in consultation with the agency.
407	407	(b) At least once every three years, each school district or
408	408	public junior college district shall conduct a safety and security
409	409	audit of the district's facilities. A [To the extent possible, a]
410	410	district, or a person included in the registry established by the
411	411	Texas School Safety Center under Section 37.2091 who is engaged by
412	412	the district to conduct a safety and security audit, shall follow
413	413	safety and security audit procedures developed by the Texas School
414	414	Safety Center in coordination with the commissioner of education or
415	415	commissioner of higher education, as applicable [or a person
416	416	included in the registry established by the Texas School Safety
417	417	Center under Section 37.2091].
418	418	(f) A school district shall include in its multihazard
419	419	emergency operations plan:
420	420	(1) a chain of command that designates the individual
421	421	responsible for making final decisions during a disaster or
422	422	emergency situation and identifies other individuals responsible
423	423	for making those decisions if the designated person is unavailable;
424	424	(2) provisions that address physical and
425	425	psychological safety for responding to a natural disaster, active
426	426	shooter, and any other dangerous scenario identified for purposes
427	427	of this section by the agency or the Texas School Safety Center;
428	428	(3) provisions for ensuring the safety of students in
429	429	portable buildings;
430	430	(4) provisions for ensuring that students and district
431	431	personnel with disabilities are provided equal access to safety
432	432	during a disaster or emergency situation;
433	433	(5) provisions for providing immediate notification
434	434	to parents, guardians, and other persons standing in parental
435	435	relation in circumstances involving a significant threat to the
436	436	health or safety of students, including identification of the
437	437	individual with responsibility for overseeing the notification;
438	438	(6) provisions for supporting the psychological
439	439	safety of students, district personnel, and the community during
440	440	the response and recovery phase following a disaster or emergency
441	441	situation that:
442	442	(A) are aligned with best practice-based
443	443	programs and research-based practices recommended under Section
444	444	38.351;
445	445	(B) include strategies for ensuring any required
446	446	professional development training for suicide prevention and
447	447	grief-informed and trauma-informed care is provided to appropriate
448	448	school personnel;
449	449	(C) include training on integrating
450	450	psychological safety and suicide prevention strategies into the
451	451	district's plan, such as psychological first aid for schools
452	452	training, from an approved list of recommended training established
453	453	by the commissioner and Texas School Safety Center for:
454	454	(i) members of the district's school safety
455	455	and security committee under Section 37.109;
456	456	(ii) district school counselors and mental
457	457	health professionals; and
458	458	(iii) educators and other district
459	459	personnel as determined by the district;
460	460	(D) include strategies and procedures for
461	461	integrating and supporting physical and psychological safety that
462	462	align with the provisions described by Subdivision (2); and
463	463	(E) implement trauma-informed policies;
464	464	(7) a policy for providing a substitute teacher access
465	465	to school campus buildings and materials necessary for the
466	466	substitute teacher to carry out the duties of a district employee
467	467	during an emergency or a mandatory emergency drill; [and]
468	468	(8) the name of each individual on the district's
469	469	school safety and security committee established under Section
470	470	37.109 and the date of each committee meeting during the preceding
471	471	year; and
472	472	(9) certification that the district is in compliance
473	473	with Section 37.117, requiring the district to provide the
474	474	Department of Public Safety, local law enforcement agencies, and
475	475	emergency first responders with an accurate map for all district
476	476	campuses and school buildings.
477	477	(g) A school district shall include in its multihazard
478	478	emergency operations plan an active shooter preparedness appendix.
479	479	The active shooter preparedness appendix must include a
480	480	certification by the district that the district has provided to
481	481	each law enforcement agency with jurisdiction in the district or
482	482	geographic area served by the district:
483	483	(1) information regarding the identity of the school
484	484	sentinel authorized under Section 37.08121 at each district campus
485	485	and the marking or uniform worn by the school sentinel or other
486	486	manner in which a law enforcement agency may confidentially
487	487	identify the school sentinel;
488	488	(2) an accurate map of each district campus that meets
489	489	the requirements of Section 37.117; and
490	490	(3) an opportunity to conduct a walk-through of each
491	491	district facility using the map of the district campus described by
492	492	Subdivision (2). [a policy for responding to an active shooter
493	493	emergency. The school district may use any available community
494	494	resources in developing the policy described by this subsection.]
495	495	(h) The Texas School Safety Center and the agency shall
496	496	provide school safety-related data collected by the center or
497	497	agency to each other on request.
498	498	SECTION 15. Section 37.1081(a), Education Code, is amended
499	499	to read as follows:
500	500	(a) If the board of trustees of a school district receives
501	501	notice of noncompliance under Section 37.207(e) or 37.2071(d) or
502	502	(g) [37.2071(g)], the board shall hold a public hearing to notify
503	503	the public of:
504	504	(1) the district's failure to:
505	505	(A) submit or correct deficiencies in a
506	506	multihazard emergency operations plan; or
507	507	(B) report the results of a safety and security
508	508	audit to the Texas School Safety Center as required by law;
509	509	(2) the dates during which the district has not been in
510	510	compliance; and
511	511	(3) the names of each member of the board of trustees
512	512	and the superintendent serving in that capacity during the dates
513	513	the district was not in compliance.
514	514	SECTION 16. The heading to Section 37.1082, Education Code,
515	515	is amended to read as follows:
516	516	Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN
517	517	NONCOMPLIANCE; APPOINTMENT OF AGENCY MONITOR, CONSERVATOR, OR
518	518	BOARD OF MANAGERS.
519	519	SECTION 17. Sections 37.1082(a) and (b), Education Code,
520	520	are amended to read as follows:
521	521	(a) If the agency receives notice from the Texas School
522	522	Safety Center of a school district's failure to submit a
523	523	multihazard emergency operations plan, the commissioner may
524	524	appoint an agency monitor [a conservator] for the district under
525	525	Chapter 39A. The agency monitor [conservator] may participate in
526	526	and report to the agency on the district's adoption,
527	527	implementation, and submission of [order the district to adopt,
528	528	implement, and submit] a multihazard emergency operations plan.
529	529	(b) If a district fails to comply with an agency monitor's
530	530	requests regarding the district's adoption, implementation, and
531	531	submission of [a conservator's order to adopt, implement, and
532	532	submit] a multihazard emergency operations plan within the time
533	533	frame imposed by the commissioner, the commissioner may appoint a
534	534	conservator or board of managers under Chapter 39A to oversee the
535	535	operations of the district.
536	536	SECTION 18. Subchapter D, Chapter 37, Education Code, is
537	537	amended by adding Sections 37.1083, 37.1084, 37.1085, and 37.1131
538	538	to read as follows:
539	539	Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY
540	540	AND SECURITY REQUIREMENTS. (a) The agency shall monitor school
541	541	district compliance with safety and security requirements,
542	542	including by annually conducting on-site audits of school
543	543	districts. The agency may conduct the on-site audits using a cycle
544	544	of random selection. The on-site audits must be conducted in
545	545	accordance with criteria developed by the agency in consultation
546	546	with the Texas School Safety Center.
547	547	(b) The monitoring must include intruder detection audits
548	548	of each school district to determine whether an intruder could gain
549	549	unsecured, unauthorized access to a district campus. The agency
550	550	shall ensure that an intruder detection audit is conducted annually
551	551	at each school district and that the audit includes an on-site audit
552	552	of not less than 25 percent of the district's campuses.
553	553	(c) The agency shall establish an office of school safety
554	554	and security within the agency that consists of individuals with
555	555	substantial expertise and experience in school or law enforcement
556	556	safety and security operations and oversight at the local, state,
557	557	or federal level to coordinate the agency's monitoring of school
558	558	district safety and security requirements under this section. The
559	559	director of the office is appointed by the governor and confirmed by
560	560	the senate and must report directly to the commissioner.
561	561	(d) The agency shall, in coordination with the Texas School
562	562	Safety Center, provide technical assistance to support
563	563	implementation of school district multihazard emergency operations
564	564	plans and safety and security audits and other school district
565	565	safety and security requirements.
566	566	(e) The agency may use or require the use of third parties to
567	567	conduct the monitoring required under this section.
568	568	(f) The agency and the Texas School Safety Center may
569	569	identify, develop, and make available to school districts
570	570	information to assist districts in the implementation and operation
571	571	of safety and security requirements.
572	572	(g) The agency may require a school district to submit
573	573	information necessary for the agency to conduct an on-site audit or
574	574	otherwise monitor school district compliance with safety and
575	575	security requirements under this section, including:
576	576	(1) notice of an event requiring a district's
577	577	emergency response; and
578	578	(2) information regarding the district's response and
579	579	use of emergency operations procedures during an event described by
580	580	Subdivision (1).
581	581	(h) The agency may review school district records as
582	582	necessary to ensure compliance with this subchapter and Subchapters
583	583	G and J.
584	584	(i) Any document or information collected, identified,
585	585	developed, or produced relating to the monitoring of school
586	586	district safety and security requirements under this section is
587	587	confidential under Sections 418.177 and 418.181, Government Code,
588	588	and not subject to disclosure under Chapter 552, Government Code.
589	589	(j) The commissioner may adopt rules as necessary to
590	590	administer this section.
591	591	Sec. 37.1084. ACTIONS BASED ON NONCOMPLIANCE WITH SAFETY
592	592	AND SECURITY REQUIREMENTS. (a) For purposes of this section, the
593	593	commissioner may determine that a school district or a campus of the
594	594	district is noncompliant with the safety and security requirements
595	595	under Section 37.1083 if the district fails to:
596	596	(1) submit to the required monitoring under that
597	597	section;
598	598	(2) comply with applicable safety and security
599	599	requirements; or
600	600	(3) address in a reasonable time period, as determined
601	601	by commissioner rule, issues raised by the agency's monitoring of
602	602	the district under that section.
603	603	(b) A student enrolled in a school district determined to be
604	604	noncompliant under Subsection (a) is eligible to receive a public
605	605	education grant to attend a school in a district other than the
606	606	district in which the student resides as provided by Subchapter G,
607	607	Chapter 29.
608	608	(c) If the superintendent or an administrator of a school
609	609	district is terminated by the board of trustees of the district as a
610	610	result of a determination that the district was noncompliant under
611	611	Subsection (a), the board may not make a severance payment of any
612	612	amount to the superintendent or administrator.
613	613	(d) The commissioner may adopt rules as necessary to
614	614	implement this section.
615	615	Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE
616	616	WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a) The
617	617	commissioner may assign a conservator under Chapter 39A if a school
618	618	district fails to:
619	619	(1) submit to any required monitoring or audit under
620	620	Section 37.1083;
621	621	(2) comply with applicable safety and security
622	622	requirements; or
623	623	(3) address in a reasonable time period, as determined
624	624	by commissioner rule, issues raised by the agency's monitoring or
625	625	audit of the district under Section 37.1083.
626	626	(b) A conservator assigned to a district under this section
627	627	may exercise the powers and duties of a conservator under Section
628	628	39A.003 only to correct a failure identified under Subsection (a).
629	629	Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)
630	630	The agency shall develop model standards for providing notice
631	631	regarding violent activity that has occurred or is being
632	632	investigated at a school district campus or other district facility
633	633	or at a district-sponsored activity to parents, guardians, and
634	634	other persons standing in parental relation to students who are
635	635	assigned to the campus, regularly use the facility, or are
636	636	attending the activity, as applicable. The standards must:
637	637	(1) include electronic notification through text
638	638	messaging and e-mail;
639	639	(2) provide an option for real-time notification; and
640	640	(3) protect student privacy.
641	641	(b) Each school district shall adopt a policy for providing
642	642	notice described by Subsection (a) in a manner that meets the
643	643	standards adopted under that subsection.
644	644	SECTION 19. Section 37.115, Education Code, is amended by
645	645	amending Subsection (c) and adding Subsections (j-1) and (j-2) to
646	646	read as follows:
647	647	(c) The board of trustees of each school district shall
648	648	establish a threat assessment and safe and supportive school team
649	649	to serve at each campus of the district and shall adopt policies and
650	650	procedures for the teams. The team is responsible for developing
651	651	and implementing the safe and supportive school program under
652	652	Subsection (b) at the district campus served by the team. The
653	653	policies and procedures adopted under this section must:
654	654	(1) be consistent with the model policies and
655	655	procedures developed by the Texas School Safety Center;
656	656	(2) require each team to complete training provided by
657	657	the Texas School Safety Center or a regional education service
658	658	center regarding evidence-based threat assessment programs; [and]
659	659	(3) require each team established under this section
660	660	to report the information required under Subsection (k) regarding
661	661	the team's activities to the agency; and
662	662	(4) require each district campus to establish a clear
663	663	procedure for a student to report concerning behavior exhibited by
664	664	another student for assessment by the team or other appropriate
665	665	school employee.
666	666	(j-1) Materials and information provided to or produced by a
667	667	team during a threat assessment of a student under this section must
668	668	be maintained in the student's school record until the student's
669	669	24th birthday.
670	670	(j-2) If a person destroys material or information
671	671	described by Subsection (j-1) before the period of maintenance
672	672	required under that subsection has expired, the board of trustees
673	673	of a school district may not renew the person's employment contract
674	674	with the school district.
675	675	SECTION 20. Subchapter D, Chapter 37, Education Code, is
676	676	amended by adding Sections 37.116 and 37.117 to read as follows:
677	677	Sec. 37.116. SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.
678	678	(a) With funds appropriated or otherwise available for the
679	679	purpose, the agency shall establish a grant program to assist
680	680	school districts and open-enrollment charter schools with any costs
681	681	identified by a district or school as necessary to enhance the
682	682	infrastructure of a district or school campus to meet agency safety
683	683	standards.
684	684	(b) The commissioner shall adopt rules to implement this
685	685	section.
686	686	Sec. 37.117. EMERGENCY RESPONSE MAP. Each school district
687	687	and open-enrollment charter school shall provide to the Department
688	688	of Public Safety and all appropriate local law enforcement agencies
689	689	and emergency first responders an accurate map of each district
690	690	campus and school building that is:
691	691	(1) oriented to true north; and
692	692	(2) developed and documented in accordance with the
693	693	standards described by Section 37.351 related to developing site
694	694	and floor plans, access control, and exterior door numbering.
695	695	SECTION 21. Sections 37.2071(b), (c), (d), (f), (g), and
696	696	(h), Education Code, are amended to read as follows:
697	697	(b) A school district or public junior college district
698	698	shall submit its multihazard emergency operations plan to the
699	699	center:
700	700	(1) not later than the 30th day after the date [on
701	701	request of] the center requests the submission; and
702	702	(2) in accordance with the center's review cycle
703	703	developed under Subsection (a).
704	704	(c) The center shall review each district's multihazard
705	705	emergency operations plan submitted under Subsection (b) and:
706	706	(1) verify the plan meets the requirements of Section
707	707	37.108; or
708	708	(2) provide the district with written notice:
709	709	(A) describing the plan's deficiencies; [and]
710	710	(B) including specific recommendations to
711	711	correct the deficiencies; and
712	712	(C) stating that the district must correct the
713	713	deficiencies in its plan and resubmit the revised plan to the
714	714	center.
715	715	(d) If a district fails to submit its multihazard emergency
716	716	operations plan to the center for review following a notification
717	717	by the center that the district has failed to submit the district's
718	718	plan, the center shall provide the district with written notice
719	719	stating that the district must hold a public hearing under Section
720	720	37.1081[:
721	721	[(1) has failed to submit a plan; and
722	722	[(2) must submit a plan to the center for review and
723	723	verification].
724	724	(f) If one month [three months] after the date of initial
725	725	notification of a plan's deficiencies under Subsection (c)(2) [or
726	726	failure to submit a plan under Subsection (d)] a district has not
727	727	corrected the plan deficiencies [or has failed to submit a plan],
728	728	the center shall provide written notice to the district and agency
729	729	that the district has not complied with the requirements of this
730	730	section and must comply immediately.
731	731	(g) If a school district still has not corrected the plan
732	732	deficiencies three [or has failed to submit a plan six] months after
733	733	the date of initial notification under Subsection (c)(2) [or (d)],
734	734	the center shall provide written notice to the school district
735	735	stating that the district must hold a public hearing under Section
736	736	37.1081.
737	737	(h) If a school district has failed to submit a plan, the
738	738	notice required by Subsection (d) [(g)] must state that the
739	739	commissioner is authorized to appoint an agency monitor [a
740	740	conservator] under Section 37.1082.
741	741	SECTION 22. Section 37.2091, Education Code, is amended by
742	742	adding Subsection (b-1) to read as follows:
743	743	(b-1) A school district must confirm that a person is
744	744	included in the registry established under Subsection (b) before
745	745	the district may engage the person to provide school safety or
746	746	security consulting services to the district.
747	747	SECTION 23. Subchapter G, Chapter 37, Education Code, is
748	748	amended by adding Sections 37.221 and 37.222 to read as follows:
749	749	Sec. 37.221. FACILITIES STANDARDS REVIEW. (a) At least
750	750	once every five years, the center shall review the facilities
751	751	standards for instructional facilities adopted under Section 7.061
752	752	and make recommendations to the commissioner regarding any changes
753	753	necessary to ensure that the facilities standards reflect best
754	754	practices for improving school safety through the design and
755	755	construction of school facilities.
756	756	(b) The center and commissioner may consult with
757	757	stakeholders with relevant expertise regarding whether any updates
758	758	to requirements for the use of funds granted or allocated to school
759	759	districts for purposes of improving the safety and security of
760	760	school facilities are necessary to align with best practices.
761	761	(c) In updating facilities standards, the commissioner
762	762	shall:
763	763	(1) incorporate input from the center and stakeholders
764	764	with relevant expertise regarding best practices for standards
765	765	applicable to the design and construction of school facilities; and
766	766	(2) ensure the standards are updated as necessary to
767	767	ensure compliance with any changes to state law and local building
768	768	codes.
769	769	Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (a) The
770	770	center, in collaboration with the Department of Public Safety,
771	771	shall provide to each school district and open-enrollment charter
772	772	school information and other resources regarding the safe storage
773	773	of firearms for distribution by the district or school under
774	774	Subsection (b), including information on:
775	775	(1) the offense under Section 46.13, Penal Code; and
776	776	(2) ways in which parents and guardians can
777	777	effectively prevent children from accessing firearms.
778	778	(b) Each school district and open-enrollment charter school
779	779	shall provide the information and other resources described under
780	780	Subsection (a) to the parent or guardian of each student enrolled in
781	781	the district or school.
782	782	SECTION 24. Chapter 37, Education Code, is amended by
783	783	adding Subchapter J to read as follows:
784	784	SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES
785	785	Sec. 37.351. FACILITIES STANDARDS COMPLIANCE. (a) A school
786	786	district must ensure that each district facility complies with each
787	787	school facilities standard, including performance standards and
788	788	operational requirements, related to safety and security adopted
789	789	under Section 7.061(c) or provided by other law or agency rule.
790	790	(b) A school district must develop and maintain
791	791	documentation of the district's implementation of and compliance
792	792	with school safety and security facilities standards for each
793	793	district facility, and, if requested by the agency, provide that
794	794	documentation to the agency in the manner prescribed by the agency.
795	795	(c) A school district shall provide the documentation
796	796	described by Subsection (b) to:
797	797	(1) the district's school safety and security
798	798	committee established under Section 37.109; and
799	799	(2) the board of trustees of the district.
800	800	Sec. 37.352. GOOD CAUSE EXCEPTION. (a) If a school district
801	801	is unable to bring a district facility into compliance with a school
802	802	facilities standard related to safety and security, the district
803	803	may claim a good cause exception from the requirement to comply with
804	804	that standard, including for a reason related to:
805	805	(1) the age, physical design, or location of the
806	806	noncompliant facility;
807	807	(2) the projected remaining use or functional life of
808	808	the noncompliant facility;
809	809	(3) availability of funding; or
810	810	(4) supply chain obstacles.
811	811	(b) A school district that claims a good cause exception
812	812	under Subsection (a) must develop an alternative performance
813	813	standard with which the district is able to comply.
814	814	Sec. 37.353. USE OF FUNDING FOR FACILITIES STANDARDS
815	815	COMPLIANCE. The commissioner may authorize a school district to
816	816	use money provided to the district for the purpose of improving
817	817	school safety and security, including the school safety allotment
818	818	under Section 48.115 or any other funding or grant money available
819	819	to the district for that purpose, to comply with the requirements of
820	820	this subchapter.
821	821	SECTION 25. Section 38.022, Education Code, is amended by
822	822	amending Subsection (a) and adding Subsection (a-1) to read as
823	823	follows:
824	824	(a) A school district may require a person who enters
825	825	property under the district's control [a district campus] to
826	826	display the person's driver's license, [or] another form of
827	827	identification containing the person's photograph issued by a
828	828	governmental entity, or, if applicable, the person's district
829	829	employee or student identification card. The person must provide
830	830	the identification on request.
831	831	(a-1) A school district may eject a person from district
832	832	property if:
833	833	(1) the person refuses or fails to provide on request
834	834	identification described by Subsection (a); and
835	835	(2) it reasonably appears that the person has no
836	836	legitimate reason to be on district property.
837	837	SECTION 26. Subchapter A, Chapter 38, Education Code, is
838	838	amended by adding Sections 38.040, 38.046, and 38.047 to read as
839	839	follows:
840	840	Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING
841	841	AWARENESS EDUCATION. (a) Each school district shall annually
842	842	provide research-based instruction related to fentanyl abuse
843	843	prevention and drug poisoning awareness to students in grades 6
844	844	through 12.
845	845	(b) The instruction required by this section must include:
846	846	(1) suicide prevention;
847	847	(2) prevention of the abuse of and addiction to
848	848	fentanyl;
849	849	(3) awareness of local school and community resources
850	850	and any processes involved in accessing those resources; and
851	851	(4) health education that includes information about
852	852	substance use and abuse, including youth substance use and abuse.
853	853	(c) The instruction required by this section may be provided
854	854	by an entity or an employee or agent of an entity that is:
855	855	(1) a public or private institution of higher
856	856	education;
857	857	(2) a library;
858	858	(3) a community service organization;
859	859	(4) a religious organization;
860	860	(5) a local public health agency; or
861	861	(6) an organization employing mental health
862	862	professionals.
863	863	Sec. 38.046. FENTANYL CONTAMINATION TRAINING PROGRAM FOR
864	864	SCHOOL PERSONNEL. (a) The agency, in cooperation with The
865	865	University of Texas Health Science Center at San Antonio, shall
866	866	develop:
867	867	(1) an evidence-based curriculum for students in
868	868	grades 6 through 12 on the dangers of fentanyl contamination for use
869	869	by school district and open-enrollment charter school employees;
870	870	and
871	871	(2) a professional development training program on
872	872	providing the training developed under Subdivision (1).
873	873	(b) The agency shall distribute curriculum and training
874	874	materials for the training program developed under this section to
875	875	each regional education service center.
876	876	Sec. 38.047. FENTANYL CONTAMINATION GRANT PROGRAM. (a) The
877	877	agency shall establish a grant program to provide funding to school
878	878	districts and open-enrollment charter schools for community and
879	879	school outreach programs on the dangers of fentanyl contamination.
880	880	(b) The commissioner may adopt rules as necessary to
881	881	administer the grant program established under this section.
882	882	SECTION 27. Section 38.351, Education Code, is amended by
883	883	adding Subsection (g-1) to read as follows:
884	884	(g-1) A school district may satisfy a requirement to
885	885	implement a program in the area of substance abuse prevention and
886	886	intervention by providing instruction related to youth substance
887	887	use and abuse education under Section 38.040.
888	888	SECTION 28. Subchapter E, Chapter 45, Education Code, is
889	889	amended by adding Section 45.1011 to read as follows:
890	890	Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY
891	891	COMPLIANCE. (a) The proceeds of bonds issued by a school district
892	892	for the construction and equipment of school buildings in the
893	893	district and the purchase of the necessary sites for school
894	894	buildings may be used to pay the costs associated with complying
895	895	with school safety and security requirements for school facilities
896	896	in accordance with Section 37.352.
897	897	(b) This subsection applies to a school district that has
898	898	been determined by the agency, through the agency's monitoring of
899	899	safety and security requirements under Section 37.1083, to not be
900	900	in compliance with those requirements. Notwithstanding any other
901	901	law, a school district to which this subsection applies must use a
902	902	sufficient amount of the proceeds of bonds described by Subsection
903	903	(a) to achieve compliance with applicable safety and security
904	904	requirements in accordance with Section 37.352 before the district
905	905	may use those proceeds for any other authorized purpose.
906	906	SECTION 29. Subtitle I, Title 2, Education Code, is amended
907	907	by adding Chapter 47A to read as follows:
908	908	CHAPTER 47A. STATE SCHOOL SAFETY FUND AND GRANTS
909	909	Sec. 47A.001. DEFINITIONS. In this chapter:
910	910	(1) "Corporation" means the Texas Permanent School
911	911	Fund Corporation established under Chapter 43.
912	912	(2) "Fund" means the state school safety fund
913	913	established under Section 7, Article VII, Texas Constitution.
914	914	(3) "Program" means the school safety grant program.
915	915	Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER.
916	916	Notwithstanding any other law, including Section 48.265, if the
917	917	commissioner determines that the amount appropriated for a state
918	918	fiscal year for purposes of administering the Foundation School
919	919	Program exceeds the amount to which school districts and
920	920	open-enrollment charter schools are entitled under Chapters 46, 48,
921	921	and 49 for that year, the commissioner shall deposit a portion of
922	922	that excess, up to 100 percent, to the credit of the fund.
923	923	Sec. 47A.003. USES OF FUND. Money in the fund may only be
924	924	used to provide grants to school districts and open-enrollment
925	925	charter schools to enhance school safety under Section 47A.005.
926	926	Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation
927	927	shall hold and invest the fund with the objective of maintaining
928	928	sufficient liquidity to meet the needs of the fund while striving to
929	929	maximize returns. In managing the assets of the fund, through
930	930	procedures and subject to restrictions the corporation considers
931	931	appropriate, the corporation may acquire, exchange, sell,
932	932	supervise, manage, or retain any type of investment that a person of
933	933	ordinary prudence, discretion, and intelligence, exercising
934	934	reasonable care, skill, and caution, would acquire, exchange, sell,
935	935	supervise, manage, or retain in light of the fund's investment
936	936	objective.
937	937	(b) The corporation may charge a fee not to exceed the
938	938	amount necessary to cover the costs estimated to be incurred by the
939	939	corporation in managing and investing the fund. The fee may be
940	940	assessed on the available balance of the fund each fiscal year.
941	941	Sec. 47A.005. SCHOOL SAFETY GRANTS. (a) The commissioner
942	942	shall establish a school safety grant program using proceeds of the
943	943	fund to provide grants to school districts and open-enrollment
944	944	charter schools.
945	945	(b) The commissioner may only award a grant to a school
946	946	district or open-enrollment charter school to reimburse or provide
947	947	funding for the district or school for expenditures required for
948	948	the implementation of school safety standards and requirements that
949	949	have been approved by the agency.
950	950	(c) The commissioner may award grants each school year in an
951	951	amount not to exceed $10 million to a school district or
952	952	open-enrollment charter school.
953	953	(d) The commissioner may award grants each school year not
954	954	to exceed a total amount of $500 million.
955	955	(e) If the amount of grant requests under the program
956	956	exceeds $500 million in a school year, the commissioner shall
957	957	proportionately reduce the amount of each grant in that school year
958	958	in an amount necessary to limit the total amount of grants provided
959	959	to $500 million.
960	960	(f) Notwithstanding Subsection (c) and subject to the
961	961	limitation under Subsection (d), if excess funds are available for
962	962	a school year, the commissioner may provide additional grants to
963	963	school districts and open-enrollment charter schools that incurred
964	964	eligible expenses of more than $10 million in that school year.
965	965	Sec. 47A.006. TRANSFER OF MONEY TO COMMUNITIES IN SCHOOLS
966	966	PROGRAM. Each school year, if excess funds are available, the
967	967	commissioner shall transfer an amount not to exceed $25 million
968	968	from the fund to the Communities In Schools program under
969	969	Subchapter E, Chapter 33. The commissioner shall allocate money
970	970	transferred under this section to local Communities In Schools
971	971	programs using the funding formula developed under Section 33.156.
972	972	Sec. 47A.007. RULES. The commissioner, in consultation
973	973	with the corporation, may adopt rules as necessary to implement
974	974	this chapter.
975	975	SECTION 30. Section 48.115, Education Code, is amended by
976	976	amending Subsections (a) and (b) and adding Subsection (a-1) to
977	977	read as follows:
978	978	(a) A [From funds appropriated for that purpose, the
979	979	commissioner shall provide to a] school district is entitled to an
980	980	annual allotment equal to the sum of the following amounts or a
981	981	greater [in the] amount provided by appropriation:
982	982	(1) $100 for each student in average daily attendance,
983	983	plus $1 for each student in average daily attendance per every $50
984	984	by which the district's maximum basic allotment under Section
985	985	48.051 exceeds $6,160, prorated as necessary; and
986	986	(2) $15,000 per campus.
987	987	(a-1) A school district campus that provides only virtual
988	988	instruction or utilizes only facilities not subject to the
989	989	district's control is not included for purposes of determining a
990	990	school district's allotment under Subsection (a).
991	991	(b) Funds allocated under this section must be used to
992	992	improve school safety and security, including costs associated
993	993	with:
994	994	(1) securing school facilities in accordance with the
995	995	requirements of Section 37.352, including:
996	996	(A) improvements to school infrastructure;
997	997	(B) the use or installation of perimeter security
998	998	fencing conducive to a public school learning environment or
999	999	physical barriers, which may not include razor wire fencing; [and]
1000	1000	(C) exterior door and window safety and security
1001	1001	upgrades, including exterior door numbering and locking systems and
1002	1002	security film that provides resistance to a forced entry; and
1003	1003	(D) the purchase and maintenance of:
1004	1004	(i) security cameras and, if the district
1005	1005	has already installed security cameras, [or] other security
1006	1006	equipment; and
1007	1007	(ii) technology, including communications
1008	1008	systems or devices, such as silent panic alert devices, two-way
1009	1009	radios, or wireless Internet booster equipment, that facilitates
1010	1010	communication and information sharing between students, school
1011	1011	personnel, and first responders in an emergency;
1012	1012	(2) providing security for the district, including:
1013	1013	(A) employing school district peace officers,
1014	1014	private security officers, [and] school marshals, and other persons
1015	1015	authorized by the board of trustees of the district and permitted by
1016	1016	law to carry a weapon on school campus grounds; and
1017	1017	(B) collaborating with local law enforcement
1018	1018	agencies, such as entering into a memorandum of understanding for
1019	1019	the assignment of school resource officers to schools in the
1020	1020	district;
1021	1021	(3) school safety and security measures [training and
1022	1022	planning], including:
1023	1023	(A) active shooter and emergency response
1024	1024	training;
1025	1025	(B) prevention and treatment programs relating
1026	1026	to addressing adverse childhood experiences; and
1027	1027	(C) the prevention, identification, and
1028	1028	management of emergencies and threats, using evidence-based,
1029	1029	effective prevention practices and including:
1030	1030	(i) providing licensed counselors, social
1031	1031	workers, and individuals trained in restorative discipline and
1032	1032	restorative justice practices;
1033	1033	(ii) providing mental health personnel and
1034	1034	support;
1035	1035	(iii) providing behavioral health
1036	1036	services;
1037	1037	(iv) establishing threat reporting
1038	1038	systems; and
1039	1039	(v) developing and implementing programs
1040	1040	focused on restorative justice practices, culturally relevant
1041	1041	instruction, and providing mental health support; [and]
1042	1042	(4) providing programs related to suicide prevention,
1043	1043	intervention, and postvention; and
1044	1044	(5) employing a school safety director and other
1045	1045	personnel to manage and monitor school safety initiatives and the
1046	1046	implementation of school safety requirements for the district.
1047	1047	SECTION 31. Subchapter B, Chapter 85, Local Government
1048	1048	Code, is amended by adding Section 85.024 to read as follows:
1049	1049	Sec. 85.024. SCHOOL SAFETY MEETINGS. (a) The sheriff of a
1050	1050	county in which a public school is located shall call and conduct
1051	1051	semiannual meetings to discuss:
1052	1052	(1) school safety;
1053	1053	(2) coordinated law enforcement response to school
1054	1054	violence incidents;
1055	1055	(3) law enforcement agency capabilities;
1056	1056	(4) available resources;
1057	1057	(5) emergency radio interoperability;
1058	1058	(6) chain of command planning; and
1059	1059	(7) other related subjects proposed by a person in
1060	1060	attendance at the meeting.
1061	1061	(b) The sheriff of a county in which more than one public
1062	1062	school is located is only required to hold one semiannual meeting
1063	1063	described by Subsection (a). This subsection does not require
1064	1064	public schools located within the same county to adopt the same
1065	1065	school safety policies.
1066	1066	(c) The following persons shall attend a meeting called
1067	1067	under Subsection (a):
1068	1068	(1) the sheriff or the sheriff's designee;
1069	1069	(2) the police chief of a municipal police department
1070	1070	in the county or the police chief's designee;
1071	1071	(3) each elected constable in the county or the
1072	1072	constable's designees;
1073	1073	(4) each police chief of a school district's police
1074	1074	department or school district security coordinator from each school
1075	1075	district located in the county;
1076	1076	(5) a representative of the Department of Public
1077	1077	Safety assigned to the county;
1078	1078	(6) a representative of each other state agency with
1079	1079	commissioned peace officers assigned to the county;
1080	1080	(7) a person appointed to a command staff position at
1081	1081	an emergency medical service in the county;
1082	1082	(8) a person appointed to a command staff position at a
1083	1083	municipal emergency medical service in the county;
1084	1084	(9) a person appointed to a command staff position at a
1085	1085	fire department in the county;
1086	1086	(10) the superintendent or the superintendent's
1087	1087	designee of each school district located in the county;
1088	1088	(11) the person who serves the function of
1089	1089	superintendent, or that person's designee, in each open-enrollment
1090	1090	charter school located in the county; and
1091	1091	(12) any other person the sheriff considers
1092	1092	appropriate.
1093	1093	(d) The sheriff shall invite any federal law enforcement
1094	1094	official serving in the county to attend the meeting.
1095	1095	(e) As soon as practicable after a meeting under Subsection
1096	1096	(a), the sheriff shall submit a report to the Texas School Safety
1097	1097	Center identifying the attendees of the meeting and the subjects
1098	1098	discussed. The Texas School Safety Center shall maintain the report
1099	1099	and make it publicly available on the center's Internet website.
1100	1100	The center may not make publicly available and shall redact any
1101	1101	parts of a report that the center determines may expose a safety
1102	1102	vulnerability of a school district facility.
1103	1103	SECTION 32. Section 1701.253, Occupations Code, is amended
1104	1104	by adding Subsection (q) to read as follows:
1105	1105	(q) As part of the minimum curriculum requirements, the
1106	1106	commission shall require an officer to complete a training program
1107	1107	on responding to an active shooter as provided by the Advanced Law
1108	1108	Enforcement Rapid Response Training Center at Texas State
1109	1109	University--San Marcos, or a similar organization approved by the
1110	1110	commission. An officer shall complete the program not later than
1111	1111	the second anniversary of the date the officer is licensed under
1112	1112	this chapter unless the officer completes the program as part of the
1113	1113	officer's basic training course. Completion of a training program
1114	1114	under this subsection satisfies any other requirement for the
1115	1115	officer to complete a training program on responding to active
1116	1116	shooters, including under Section 37.0812(a), Education Code.
1117	1117	SECTION 33. Subchapter F, Chapter 1701, Occupations Code,
1118	1118	is amended by adding Section 1701.2635 to read as follows:
1119	1119	Sec. 1701.2635. ACTIVE SHOOTER TRAINING FOR OFFICERS AT
1120	1120	PUBLIC SCHOOLS. (a) This section applies to a:
1121	1121	(1) school district peace officer as defined by
1122	1122	Section 1701.262; and
1123	1123	(2) school resource officer as defined by Section
1124	1124	1701.601.
1125	1125	(b) An officer to whom this section applies shall complete a
1126	1126	one-time training program on responding to an active shooter as
1127	1127	provided by the Advanced Law Enforcement Rapid Response Training
1128	1128	Center at Texas State University--San Marcos, or a similar
1129	1129	organization approved by the commission, before or within two years
1130	1130	of beginning to provide law enforcement services at a public
1131	1131	primary or secondary school.
1132	1132	(c) Completion of a training program under this section
1133	1133	satisfies any other requirement that the officer complete a
1134	1134	training program on responding to active shooters, including under
1135	1135	Section 37.0812(a), Education Code.
1136	1136	SECTION 34. The change in law made by this Act to Section
1137	1137	37.081, Education Code, applies only to a memorandum of
1138	1138	understanding under that section that is entered into on or after
1139	1139	September 1, 2023.
1140	1140	SECTION 35. As soon as practicable after the effective date
1141	1141	of this Act, the Texas Education Agency shall establish the office
1142	1142	of school safety and security and the governor shall appoint the
1143	1143	director of that office as required by Section 37.1083, Education
1144	1144	Code, as added by this Act.
1145	1145	SECTION 36. Section 37.1084(c), Education Code, as added by
1146	1146	this Act, applies only to a superintendent, administrator serving
1147	1147	as educational leader and chief executive officer of a school
1148	1148	district or open-enrollment charter school, or other administrator
1149	1149	of the district or school employed under a contract entered into on
1150	1150	or after the effective date of this Act.
1151	1151	SECTION 37. Section 45.1011, Education Code, as added by
1152	1152	this Act, applies only to a bond authorized to be issued at an
1153	1153	election held on or after the effective date of this Act.
1154	1154	SECTION 38. (a) As soon as practicable after the effective
1155	1155	date of this Act, the Texas Commission on Law Enforcement shall
1156	1156	adopt rules to implement Sections 1701.253(q) and 1701.2635,
1157	1157	Occupations Code, as added by this Act.
1158	1158	(b) The minimum curriculum requirements under Section
1159	1159	1701.253(q), Occupations Code, as added by this Act, apply only to
1160	1160	an officer who first begins to satisfy those requirements on or
1161	1161	after January 1, 2024.
1162	1162	(c) Notwithstanding Section 1701.2635, Occupations Code, as
1163	1163	added by this Act, an officer who holds a license under Chapter
1164	1164	1701, Occupations Code, on September 1, 2023, and to whom that
1165	1165	section applies shall complete the training program required by
1166	1166	that section not later than September 1, 2025.
1167	1167	SECTION 39. To the extent of any conflict, this Act prevails
1168	1168	over another Act of the 88th Legislature, Regular Session, 2023,
1169	1169	relating to nonsubstantive additions to and corrections in enacted
1170	1170	codes.
1171	1171	SECTION 40. (a) Except as provided by Subsections (b) and
1172	1172	(c) of this section, this Act applies beginning with the 2023-2024
1173	1173	school year.
1174	1174	(b) Notwithstanding Section 22.904, Education Code, as
1175	1175	added by this Act, a school district must require the district's
1176	1176	employees to complete the mental health first aid training required
1177	1177	under that section as follows:
1178	1178	(1) at least 25 percent of the applicable district
1179	1179	employees before the beginning of the 2025-2026 school year;
1180	1180	(2) at least 50 percent of the applicable district
1181	1181	employees before the beginning of the 2026-2027 school year;
1182	1182	(3) at least 75 percent of the applicable district
1183	1183	employees before the beginning of the 2027-2028 school year; and
1184	1184	(4) 100 percent of the applicable district employees
1185	1185	before the beginning of the 2028-2029 school year.
1186	1186	(c) Chapter 47A, Education Code, as added by this Act,
1187	1187	applies beginning with the 2024-2025 school year.
1188	1188	SECTION 41. (a) Except as provided by Subsections (b) and
1189	1189	(c) of this section, this Act takes effect immediately if it
1190	1190	receives a vote of two-thirds of all the members elected to each
1191	1191	house, as provided by Section 39, Article III, Texas Constitution.
1192	1192	If this Act does not receive the vote necessary for immediate
1193	1193	effect, this Act takes effect September 1, 2023.
1194	1194	(b) Section 48.115, Education Code, as amended by this Act,
1195	1195	takes effect September 1, 2023.
1196	1196	(c) Section 29 of this Act takes effect January 1, 2024, but
1197	1197	only if the constitutional amendment proposed by the 88th
1198	1198	Legislature, Regular Session, 2023, creating the state school
1199	1199	safety fund to provide financial support for projects that enhance
1200	1200	the safety of public schools in this state is approved by the
1201	1201	voters. If that constitutional amendment is not approved by the
1202	1202	voters, Section 29 of this Act has no effect.