| 1 | 1 | | 88R13114 PRL-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 2058 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the employment of or contracting for armed commissioned |
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| 8 | 8 | | security officers as school district security personnel. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 37.081(a) and (d), Education Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The board of trustees of any school district may employ |
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| 13 | 13 | | security personnel, contract with an independent contractor for the |
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| 14 | 14 | | provision of security personnel, enter into a memorandum of |
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| 15 | 15 | | understanding with a local law enforcement agency for the provision |
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| 16 | 16 | | of school resource officers, and commission peace officers to carry |
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| 17 | 17 | | out this subchapter. If a board of trustees authorizes a person |
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| 18 | 18 | | employed or contracted as security personnel to carry a weapon, the |
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| 19 | 19 | | person must be a commissioned peace officer or must be a |
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| 20 | 20 | | commissioned security officer licensed under Subchapter G, Chapter |
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| 21 | 21 | | 1702, Occupations Code, who has completed the training program |
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| 22 | 22 | | provided under Section 1701.260, Occupations Code. The |
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| 23 | 23 | | jurisdiction of a peace officer, a school resource officer, or |
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| 24 | 24 | | security personnel under this section shall be determined by the |
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| 25 | 25 | | board of trustees and may include all territory in the boundaries of |
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| 26 | 26 | | the school district and all property outside the boundaries of the |
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| 27 | 27 | | district that is owned, leased, or rented by or otherwise under the |
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| 28 | 28 | | control of the school district and the board of trustees that employ |
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| 29 | 29 | | the peace officer, employ or contract for [or] security personnel, |
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| 30 | 30 | | or [that] enter into a memorandum of understanding for the |
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| 31 | 31 | | provision of a school resource officer. |
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| 32 | 32 | | (d) The board of trustees of the school district shall |
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| 33 | 33 | | determine the law enforcement duties of peace officers, school |
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| 34 | 34 | | resource officers, and security personnel. The duties must be |
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| 35 | 35 | | included in: |
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| 36 | 36 | | (1) the district improvement plan under Section |
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| 37 | 37 | | 11.252; |
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| 38 | 38 | | (2) the student code of conduct adopted under Section |
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| 39 | 39 | | 37.001; |
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| 40 | 40 | | (3) any memorandum of understanding providing for a |
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| 41 | 41 | | school resource officer; [and] |
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| 42 | 42 | | (4) any contract with an independent contractor to |
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| 43 | 43 | | provide security personnel at the district; and |
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| 44 | 44 | | (5) any other campus or district document describing |
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| 45 | 45 | | the role of peace officers, school resource officers, or security |
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| 46 | 46 | | personnel in the district. |
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| 47 | 47 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 48 | 48 | | school year. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2023. |
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