S.B. No. 763
AN ACT
relating to allowing public schools to employ or accept as
volunteers chaplains.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Education Code, is amended
by adding Chapter 23 to read as follows:
CHAPTER 23. SCHOOL CHAPLAINS
Sec. 23.001. SCHOOL CHAPLAINS. (a) A school district or
open-enrollment charter school may employ or accept as a volunteer
a chaplain to provide support, services, and programs for students
as assigned by the board of trustees of the district or the
governing body of the school. A chaplain employed or volunteering
under this chapter is not required to be certified by the State
Board for Educator Certification.
(b) A school district or open-enrollment charter school
that employs or accepts as a volunteer a chaplain under this chapter
shall ensure that the chaplain complies with the applicable
requirements under Subchapter C, Chapter 22, before the chaplain
begins employment or volunteering at the district or school.
(c) A school district or open-enrollment charter school may
not employ or accept as a volunteer a chaplain who has been
convicted of or placed on deferred adjudication community
supervision for an offense for which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure.
SECTION 2. Section 48.115(b), Education Code, is amended to
read as follows:
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities, including:
(A) improvements to school infrastructure;
(B) the use or installation of physical barriers;
and
(C) the purchase and maintenance of:
(i) security cameras or other security
equipment; and
(ii) technology, including communications
systems or devices, that facilitates communication and information
sharing between students, school personnel, and first responders in
an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security training and planning,
including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
(i) providing licensed counselors, social
workers, chaplains, and individuals trained in restorative
discipline and restorative justice practices;
(ii) providing mental health personnel and
support, including chaplains;
(iii) providing behavioral health
services, including services provided by chaplains;
(iv) establishing threat reporting
systems; and
(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support, including
support provided by chaplains; and
(4) providing programs related to suicide prevention,
intervention, and postvention, including programs provided by
chaplains.
SECTION 3. Each board of trustees of a school district and
each governing body of an open-enrollment charter school shall take
a record vote not later than six months after the effective date of
this Act on whether to adopt a policy authorizing a campus of the
district or school to employ or accept as a volunteer a chaplain
under Chapter 23, Education Code, as added by this Act.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 763 passed the Senate on
April 25, 2023, by the following vote: Yeas 18, Nays 12;
May 11, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 15, 2023, House
granted request of the Senate; May 23, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 19,
Nays 12.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 763 passed the House, with
amendments, on May 9, 2023, by the following vote: Yeas 89,
Nays 58, one present not voting; May 15, 2023, House granted
request of the Senate for appointment of Conference Committee;
May 24, 2023, House adopted Conference Committee Report by the
following vote: Yeas 84, Nays 60, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor