Texas 2023 - 88th 4th C.S.

Texas House Bill HB110 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Guillen H.B. No. 110
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the school safety allotment under the public school
7	7	finance system; making an appropriation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.0814, Education Code, is amended by
10	10	amending Subsection (b) to read as follows:
11	11	Sec. 37.0814. ARMED SECURITY OFFICER REQUIRED. (a) The
12	12	board of trustees of each school district shall determine the
13	13	appropriate number of armed security officers for each district
14	14	campus. The board must ensure that at least one armed security
15	15	officer is present during regular school hours at each district
16	16	campus.
17	17	(b) A security officer described by Subsection (a) must be:
18	18	(1) a school district peace officer;
19	19	(2) a school resource officer; or
20	20	(3) a commissioned peace officer employed as security
21	21	personnel under Section 37.081; or
22	22	(4) a canine unit as defined by Section 108.001,
23	23	Business and Commerce Code.
24	24	(c) If the board of trustees of a school district is unable
25	25	to comply with this section, the board may claim a good cause
26	26	exception from the requirement to comply with this section if the
27	27	district's noncompliance is due to the availability of:
28	28	(1) funding; or
29	29	(2) personnel who qualify to serve as a security
30	30	officer described by Subsection (a).
31	31	(d) The board of trustees of a school district that claims a
32	32	good cause exception under Subsection (c) must develop an
33	33	alternative standard with which the district is able to comply,
34	34	which may include providing a person to act as a security officer
35	35	who is:
36	36	(1) a school marshal; or
37	37	(2) a school district employee or a person with whom
38	38	the district contracts who:
39	39	(A) has completed school safety training
40	40	provided by a qualified handgun instructor certified in school
41	41	safety under Section 411.1901, Government Code; and
42	42	(B) carries a handgun on school premises in
43	43	accordance with written regulations or written authorization of the
44	44	district under Section 46.03(a)(1)(A), Penal Code.
45	45	(e) The board of trustees of a school district must develop
46	46	and maintain documentation of the district's implementation of and
47	47	compliance with this section, including documentation related to a
48	48	good cause exception claimed under Subsection (c), and shall, if
49	49	requested by the agency, provide that documentation to the agency
50	50	in the manner prescribed by the agency.
51	51	SECTION 2. Section 48.115, Education Code, is amended by
52	52	amending Subsection (a) and adding Subsection (a-2) to read as
53	53	follows:
54	54	Sec. 48.115. SCHOOL SAFETY ALLOTMENT. (a) Except as
55	55	provided by Subsections (a-1) and (a-2), a school district is
56	56	entitled to an annual allotment equal to the sum of the following
57	57	amounts or a greater amount provided by appropriation:
58	58	(1) $100 [$10] for each student in average daily
59	59	attendance, plus $1 for each student in average daily attendance
60	60	per every $50 by which the district's maximum basic allotment under
61	61	Section 48.051 exceeds $6,160, prorated as necessary; and
62	62	(2) $100,000 [$15,000] per campus.
63	63	(a-1) A school district campus that provides only virtual
64	64	instruction or utilizes only facilities not subject to the
65	65	district's control is not included for purposes of determining a
66	66	school district's allotment under Subsection (a).
67	67	(a-2) Beginning with the 2024-2025 school year, to be
68	68	eligible to receive an allotment under Subsection (a), a school
69	69	district must ensure that:
70	70	(1) during regular school hours at least one security
71	71	officer armed with a firearm is present at each district campus.
72	72	For purposes of this subsection, a security officer must be:
73	73	(A) a school district peace officer;
74	74	(B) a school resource officer;
75	75	(C) a commissioned peace officer employed as
76	76	security personnel under Section 37.081; or
77	77	(D) a canine unit as defined by Section 108.001,
78	78	Business and Commerce Code; and
79	79	(2) at least one school marshal, school resource
80	80	officer, commissioned peace officer, school district peace
81	81	officer, or canine unit, armed with a firearm and who has at
82	82	minimum received training comparable to section 1701.260(c),
83	83	Occupations Code, is appointed, assigned, or employed for every 200
84	84	enrolled students.
85	85	SECTION 3. Section 18.78, Article IX, Chapter 1170 (H.B.
86	86	1), Acts of the 88th Legislature, Regular Session, 2023 (the
87	87	General Appropriations Act), is amended by adding Subsections (m)
88	88	and (n) to read as follows:
89	89	(m) It is the intent of the legislature that money
90	90	appropriated under Subsection (c) of this section be expended
91	91	equally in each year of the 2024-25 fiscal biennium, not including
92	92	any supplemental funds appropriated in 2025 for the same or a
93	93	similar purpose.
94	94	(n) In addition to amounts appropriated elsewhere in this
95	95	Act, TEA is appropriated $2,000,000,000 from general revenue to
96	96	implement the provisions of H.B.___, Acts of the 88th Legislature,
97	97	4th Called Session, 2023.
98	98	SECTION 4. This Act takes effect immediately if it receives
99	99	a vote of two-thirds of all the members elected to each house, as
100	100	provided by Section 39, Article III, Texas Constitution. If this
101	101	Act does not receive the vote necessary for immediate effect, this
102	102	Act takes effect on the 91st day after the last day of the
103	103	legislative session.