88S40013 KJE-F
By: King of Hemphill, et al. H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
relating to measures for ensuring safety and security in public
schools, including the establishment of a school safety grant
program and a school safety plan implementation grant program, and
the allocation of certain constitutional transfers of money to the
state school safety fund, the economic stabilization fund, and the
state highway fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.108(b-1), Education Code, is amended
to read as follows:
(b-1) In a school district's safety and security audit
required under Subsection (b), the district must certify that the
district used all school safety-related state [the] funds provided
to the district [through the school safety allotment under Section
48.115] only for the purposes of improving the safety of schools in
the district [provided by that section].
SECTION 2. Section 37.117(c), Education Code, as added by
Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
(c) To comply with this section, a school district or
open-enrollment charter school may:
(1) use school safety-related state funds provided to
the district or school [through the school safety allotment under
Section 48.115 or other available funds]; and
(2) use the district's or school's customary
procurement process.
SECTION 3. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1087 to read as follows:
Sec. 37.1087. SCHOOL SAFETY GRANT PROGRAM. (a) In this
section:
(1) "Fund" means the state school safety fund
established under Section 7, Article VII, Texas Constitution.
(2) "Program" means the school safety grant program
established in this section.
(b) The commissioner shall establish a school safety grant
program using proceeds of the fund to annually provide grants to
school districts and open-enrollment charter schools.
(c) The commissioner may award grants each school year not
to exceed a total amount of $1.1 billion.
(d) Except as provided by Subsection (f), the commissioner
shall award a school district or open-enrollment charter school a
grant under this section in an amount equal to the sum of:
(1) the total amount to which the district or school
would be entitled under Section 48.051, if the allotment under that
section was allotted for each student enrolled in the district or
school instead of for each student in average daily attendance,
multiplied by 0.01; and
(2) the sum of:
(A) $50,000 for each district or school campus
with 500 or fewer enrolled students;
(B) $100,000 for each district or school campus
with 501 to 1,000 enrolled students;
(C) $150,000 for each district or school campus
with 1,001 to 1,500 enrolled students;
(D) $175,000 for each district or school campus
with 1,501 to 2,000 enrolled students; and
(E) $200,000 for each district or school campus
with more than 2,000 enrolled students.
(e) A school district or open-enrollment charter school
campus that provides only virtual instruction or utilizes only
facilities not subject to the district's or school's control is not
included for purposes of determining the amount of the grant
awarded to the district or school under Subsection (d).
(f) If the amount of grants calculated under Subsection (d)
exceeds $1.1 billion in a school year, the commissioner shall
proportionately reduce the amount of each grant in that school year
in an amount necessary to limit the amount of grants to $1.1
billion.
(g) The commissioner may adopt rules necessary to implement
and administer this section.
SECTION 4. Sections 48.115(b), (c-1), (d), and (e),
Education Code, are transferred to Subchapter D, Chapter 37,
Education Code, redesignated as Section 37.1088, Education Code,
and amended to read as follows:
Sec. 37.1088. PERMISSIBLE USES OF SCHOOL SAFETY GRANT. (a)
A school district or open-enrollment charter school may only use a
grant awarded under Section 37.1087 [(b) Funds allocated under
this section must be used] to improve school safety and security,
including costs associated with:
(1) securing school facilities in accordance with the
requirements of Section 37.351, including:
(A) improvements to school infrastructure;
(B) the use or installation of perimeter security
fencing conducive to a public school learning environment or
physical barriers, which may not include razor wire;
(C) exterior door and window safety and security
upgrades, including exterior door numbering and locking systems and
security film that provides resistance to a forced entry; and
(D) the purchase and maintenance of:
(i) security cameras and, if the district
or school has already installed security cameras, other security
equipment, including video surveillance as provided by Section
29.022; and
(ii) technology, including communications
systems or devices, such as silent panic alert devices, two-way
radios, or wireless Internet booster equipment, that facilitates
communication and information sharing between students, school
personnel, and first responders in an emergency;
(2) providing security for the district or school,
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 or school;
(3) school safety and security measures, 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;
(4) providing programs related to suicide prevention,
intervention, and postvention, including programs provided by
chaplains; and
(5) employing a school safety director and other
personnel to manage and monitor school safety initiatives and the
implementation of school safety requirements for the district or
school.
(b) [(c-1)] The agency, or if designated by the agency, the
Texas School Safety Center, shall establish and publish a directory
of approved vendors of school safety technology and equipment a
school district or open-enrollment charter school may select from
when using a grant awarded under Section 37.1087 [funds allocated
under this section]. If a school district or open-enrollment
charter school uses a grant awarded under Section 37.1087 [funds
allocated under this section] to purchase technology or equipment
from a vendor that is not included in the directory, the district or
school must solicit bids from at least three vendors before
completing the purchase.
(c) [(d)] The commissioner shall annually publish a report
regarding grants awarded under Section 37.1087 [funds allocated
under this section] including the programs, personnel, and
resources purchased by districts and schools using the grant [funds
under this section] and other purposes for which the grant was
[funds were] used.
(d) [(e)] Notwithstanding any other law, a school district
or open-enrollment charter school may use a grant awarded under
Section 37.1087 [funds allocated under this section] to provide
training to a person authorized by the district or school to carry a
firearm on a district or school campus.
SECTION 5. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1089 to read as follows:
Sec. 37.1089. SCHOOL SAFETY PLAN IMPLEMENTATION GRANT
PROGRAM. (a) In this section, "fund" means the state school safety
fund established under Section 7, Article VII, Texas Constitution.
(b) The commissioner shall establish a grant program using
proceeds of the fund to provide grants to school districts and
open-enrollment charter schools for the reimbursement of
expenditures required for the implementation of a school safety
plan that has been approved by the agency.
(c) The commissioner may award grants each school year in an
amount not to exceed:
(1) a total amount of $250 million; and
(2) $10 million per school district or open-enrollment
charter school.
(d) If the amount of grant requests under the program
exceeds $250 million in a school year, the commissioner shall
proportionately reduce the amount of each grant in that school year
in an amount necessary to limit the total amount of grants provided
to $250 million.
(e) Subject to the limitation under Subsection (c)(1) and
notwithstanding Subsection (c)(2), if excess funds are available
for a school year, the commissioner may provide additional grants
to school districts and open-enrollment charter schools that
incurred eligible expenses of more than $10 million in that school
year.
(f) The commissioner may adopt rules as necessary to
implement this section.
SECTION 6. Section 37.354(a), Education Code, is amended to
read as follows:
(a) The commissioner may authorize a school district to use
money provided to the district for the purpose of improving school
safety and security, including [the school safety allotment under
Section 48.115 or any other] funding or grant money available to the
district for that purpose, to comply with the requirements of this
subchapter.
SECTION 7. The heading to Subchapter H, Chapter 316,
Government Code, is amended to read as follows:
SUBCHAPTER H. ALLOCATION OF CERTAIN CONSTITUTIONAL TRANSFERS OF
MONEY [TO ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]
SECTION 8. The heading to Section 316.092, Government Code,
is amended to read as follows:
Sec. 316.092. DETERMINATION OF THRESHOLD FOR
CONSTITUTIONAL TRANSFER TO STATE SCHOOL SAFETY FUND AND STATE
HIGHWAY FUND.
SECTION 9. The heading to Section 316.093, Government Code,
is amended to read as follows:
Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
FUND, STATE SCHOOL SAFETY FUND, AND STATE HIGHWAY FUND.
SECTION 10. Section 316.093, Government Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections (b-1)
and (c-1) to read as follows:
(b) If the sum described by Subsection (a) is less than the
amount determined under Section 316.092 for that state fiscal
biennium, the comptroller shall:
(1) reduce the allocation to the state highway fund
provided by Section 49-g(c), Article III, Texas Constitution, by
the lesser of:
(A) the amount by which the sum described by
Subsection (a) is less than the amount determined under Section
316.092 for that state fiscal biennium; or
(B) the amount that would otherwise be allocated
for transfer to the state highway fund under Section 49-g(c),
Article III, Texas Constitution;
(2) if the sum described by Subsection (a) plus the
amount by which the allocation to the state highway fund is reduced
under Subdivision (1) of this subsection is less than the amount
determined under Section 316.092 for that state fiscal biennium,
reduce the allocation to the state school safety fund provided by
Section 49-g(c), Article III, Texas Constitution, by the lesser of:
(A) the amount by which the sum described by
Subsection (a) plus the amount by which the allocation to the state
highway fund is reduced under Subdivision (1) is less than the
amount determined under Section 316.092 for that state fiscal
biennium; or
(B) the amount that would otherwise be allocated
for transfer to the state school safety fund under Section 49-g(c),
Article III, Texas Constitution; and
(3) increase the allocation to the economic
stabilization fund provided by Section 49-g(c), Article III, Texas
Constitution, in an [equal] amount equal to the amount by which the
allocations to the state highway fund and the state school safety
fund are reduced under Subdivisions (1) and (2) of this subsection,
as applicable[, until the amount determined under Section 316.092
for that state fiscal biennium would be achieved by the transfer to
the fund or the total amount of the sum described by Section
49-g(c), Article III, Texas Constitution, is allocated to the fund,
whichever occurs first].
(b-1) Notwithstanding Subsection (b), for the state fiscal
year beginning September 1, 2024, if the sum described by
Subsection (a) is less than the amount determined under Section
316.092 for that state fiscal biennium, the comptroller shall
reduce the allocation to the state highway fund provided by Section
49-g(c), Article III, Texas Constitution, and increase the
allocation to the economic stabilization fund in an equal amount
until the amount determined under Section 316.092 for that state
fiscal biennium would be achieved by the transfer to the fund or the
sum of the amounts described by Section 49-g(c) of that article less
the allocation to the state school safety fund as provided by
Sections 49-g(c-1) and (c-3) of that article for that state fiscal
year is allocated to the fund, whichever occurs first. This
subsection expires September 1, 2025.
(c) For the purposes of Section 49-g(c-2), Article III,
Texas Constitution, for a state fiscal biennium beginning on or
after September 1, 2043, the comptroller shall adjust the
allocation provided by Section 49-g(c-1) of that article so that:
(1) the amount allocated for transfer to the state
highway fund under Section 49-g(c-1) of that article is instead [of
amounts to be transferred to the fund and to the state highway fund
under Section 49-g(c) of that article in a state fiscal year
beginning on or after September 1, 2043, so that the total of those
amounts is] transferred to the economic stabilization fund; and
(2) if the total of the transfer under Subdivision (1)
and the sum described by Subsection (a) is less than the amount
determined under Section 316.092 for that state fiscal biennium,
the amount allocated for transfer to the state school safety fund is
reduced and the allocation to the economic stabilization fund is
increased in an equal amount until the amount determined under
Section 316.092 for that state fiscal biennium would be achieved by
the transfer to the fund or the total amount of the sum described by
Section 49-g(c) of that article is allocated to the fund, whichever
occurs first.
(c-1) The [, except that the] comptroller shall reduce a
transfer made under Subsection (c) [this subsection] as necessary
to prevent the amount in the fund from exceeding the limit in effect
for that biennium under Section 49-g(g), Article III, Texas
Constitution [of that article].
(d) Subsection [Subsections (a) and] (b) and this
subsection expire December 31, 2042.
SECTION 11. The following provisions are repealed:
(1) the heading to Section 48.115, Education Code;
(2) Sections 48.115(a), (a-1), (b-1), (b-2), and (c),
Education Code; and
(3) Section 316.092(b), Government Code.
SECTION 12. The changes made by this Act to the Education
Code apply beginning with the 2024-2025 school year.
SECTION 13. The changes made by this Act to Subchapter H,
Chapter 316, Government Code, apply beginning with the state fiscal
year beginning September 1, 2024.
SECTION 14. This Act takes effect on the date on which the
constitutional amendment proposed by the 88th Legislature, 4th
Called Session, 2023, creating the state school safety fund to
provide ongoing financial support for projects that ensure the
safety of public schools in this state and providing for the
transfer of certain general revenues to that fund, the economic
stabilization fund, and the state highway fund is approved by the
voters. If that amendment is not approved by the voters, this Act
has no effect.