Texas 2023 - 88th 4th C.S.

Texas House Bill HB2 Compare Versions

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1	1	By: King of Hemphill, Buckley, Ashby, Dutton, H.B. No. 2
2	2	Walle, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to measures for ensuring safety and security in public
8	8	schools, including the establishment of a school safety grant
9	9	program and a school safety plan implementation grant program, and
10	10	the allocation of certain constitutional transfers of money to the
11	11	state school safety fund, the economic stabilization fund, and the
12	12	state highway fund.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 37.108(b-1), Education Code, is amended
15	15	to read as follows:
16	16	(b-1) In a school district's safety and security audit
17	17	required under Subsection (b), the district must certify that the
18	18	district used all school safety-related state [the] funds provided
19	19	to the district [through the school safety allotment under Section
20	20	48.115] only for the purposes of improving the safety of schools in
21	21	the district [provided by that section].
22	22	SECTION 2. Section 37.117(c), Education Code, as added by
23	23	Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
24	24	Session, 2023, is amended to read as follows:
25	25	(c) To comply with this section, a school district or
26	26	open-enrollment charter school may:
27	27	(1) use school safety-related state funds provided to
28	28	the district or school [through the school safety allotment under
29	29	Section 48.115 or other available funds]; and
30	30	(2) use the district's or school's customary
31	31	procurement process.
32	32	SECTION 3. Subchapter D, Chapter 37, Education Code, is
33	33	amended by adding Section 37.1087 to read as follows:
34	34	Sec. 37.1087. SCHOOL SAFETY GRANT PROGRAM. (a) In this
35	35	section:
36	36	(1) "Fund" means the state school safety fund
37	37	established under Section 7, Article VII, Texas Constitution.
38	38	(2) "Program" means the school safety grant program
39	39	established in this section.
40	40	(b) The commissioner shall establish a school safety grant
41	41	program using proceeds of the fund to annually provide grants to
42	42	school districts and open-enrollment charter schools.
43	43	(c) The commissioner may award grants each school year not
44	44	to exceed a total amount of $1.1 billion.
45	45	(d) Except as provided by Subsection (f), the commissioner
46	46	shall award a school district or open-enrollment charter school a
47	47	grant under this section in an amount equal to the sum of:
48	48	(1) the total amount to which the district or school
49	49	would be entitled under Section 48.051, if the allotment under that
50	50	section was allotted for each student enrolled in the district or
51	51	school instead of for each student in average daily attendance,
52	52	multiplied by 0.01; and
53	53	(2) the sum of:
54	54	(A) $50,000 for each district or school campus
55	55	with 500 or fewer enrolled students;
56	56	(B) $100,000 for each district or school campus
57	57	with 501 to 1,000 enrolled students;
58	58	(C) $150,000 for each district or school campus
59	59	with 1,001 to 1,500 enrolled students;
60	60	(D) $175,000 for each district or school campus
61	61	with 1,501 to 2,000 enrolled students; and
62	62	(E) $200,000 for each district or school campus
63	63	with more than 2,000 enrolled students.
64	64	(e) A school district or open-enrollment charter school
65	65	campus that provides only virtual instruction or utilizes only
66	66	facilities not subject to the district's or school's control is not
67	67	included for purposes of determining the amount of the grant
68	68	awarded to the district or school under Subsection (d).
69	69	(f) If the amount of grants calculated under Subsection (d)
70	70	exceeds $1.1 billion in a school year, the commissioner shall
71	71	proportionately reduce the amount of each grant in that school year
72	72	in an amount necessary to limit the amount of grants to $1.1
73	73	billion.
74	74	(g) The commissioner may adopt rules necessary to implement
75	75	and administer this section.
76	76	SECTION 4. Sections 48.115(b), (c-1), (d), and (e),
77	77	Education Code, are transferred to Subchapter D, Chapter 37,
78	78	Education Code, redesignated as Section 37.1088, Education Code,
79	79	and amended to read as follows:
80	80	Sec. 37.1088. PERMISSIBLE USES OF SCHOOL SAFETY GRANT. (a)
81	81	A school district or open-enrollment charter school may only use a
82	82	grant awarded under Section 37.1087 [(b) Funds allocated under
83	83	this section must be used] to improve school safety and security,
84	84	including costs associated with:
85	85	(1) securing school facilities in accordance with the
86	86	requirements of Section 37.351, including:
87	87	(A) improvements to school infrastructure;
88	88	(B) the use or installation of perimeter security
89	89	fencing conducive to a public school learning environment or
90	90	physical barriers, which may not include razor wire;
91	91	(C) exterior door and window safety and security
92	92	upgrades, including exterior door numbering and locking systems and
93	93	security film that provides resistance to a forced entry; and
94	94	(D) the purchase and maintenance of:
95	95	(i) security cameras and, if the district
96	96	or school has already installed security cameras, other security
97	97	equipment, including video surveillance as provided by Section
98	98	29.022; and
99	99	(ii) technology, including communications
100	100	systems or devices, such as silent panic alert devices, two-way
101	101	radios, or wireless Internet booster equipment, that facilitates
102	102	communication and information sharing between students, school
103	103	personnel, and first responders in an emergency;
104	104	(2) providing security for the district or school,
105	105	including:
106	106	(A) employing [school district] peace officers,
107	107	private security officers, and school marshals; and
108	108	(B) collaborating with local law enforcement
109	109	agencies, such as entering into a memorandum of understanding for
110	110	the assignment of school resource officers [to schools] in the
111	111	district or school;
112	112	(3) school safety and security measures, including:
113	113	(A) active shooter and emergency response
114	114	training;
115	115	(B) prevention and treatment programs relating
116	116	to addressing adverse childhood experiences; and
117	117	(C) the prevention, identification, and
118	118	management of emergencies and threats, using evidence-based,
119	119	effective prevention practices and including:
120	120	(i) providing licensed counselors, social
121	121	workers, chaplains, and individuals trained in restorative
122	122	discipline and restorative justice practices;
123	123	(ii) providing mental health personnel and
124	124	support, including chaplains;
125	125	(iii) providing behavioral health
126	126	services, including services provided by chaplains;
127	127	(iv) establishing threat reporting
128	128	systems; and
129	129	(v) developing and implementing programs
130	130	focused on restorative justice practices, culturally relevant
131	131	instruction, and providing mental health support, including
132	132	support provided by chaplains;
133	133	(4) providing programs related to suicide prevention,
134	134	intervention, and postvention, including programs provided by
135	135	chaplains; [and]
136	136	(5) employing a school safety director and other
137	137	personnel to manage and monitor school safety initiatives and the
138	138	implementation of school safety requirements for the district or
139	139	school; and
140	140	(6) implementing the Texas Overdose Prevention
141	141	Program - Schools (TOPPS) developed by The University of Texas San
142	142	Antonio Health Science Center.
143	143	(b) [(c-1)] The agency, or if designated by the agency, the
144	144	Texas School Safety Center, shall establish and publish a directory
145	145	of approved vendors of school safety technology and equipment a
146	146	school district or open-enrollment charter school may select from
147	147	when using a grant awarded under Section 37.1087 [funds allocated
148	148	under this section]. If a school district or open-enrollment
149	149	charter school uses a grant awarded under Section 37.1087 [funds
150	150	allocated under this section] to purchase technology or equipment
151	151	from a vendor that is not included in the directory, the district or
152	152	school must solicit bids from at least three vendors before
153	153	completing the purchase.
154	154	(c) [(d)] The commissioner shall annually publish a report
155	155	regarding grants awarded under Section 37.1087 [funds allocated
156	156	under this section] including the programs, personnel, and
157	157	resources purchased by districts and schools using the grant [funds
158	158	under this section] and other purposes for which the grant was
159	159	[funds were] used.
160	160	(d) [(e)] Notwithstanding any other law, a school district
161	161	or open-enrollment charter school may use a grant awarded under
162	162	Section 37.1087 [funds allocated under this section] to provide
163	163	training to a person authorized by the district or school to carry a
164	164	firearm on a district or school campus.
165	165	(e) A school district or open-enrollment charter school
166	166	that receives a grant awarded under Section 37.1087 to conduct a
167	167	psychological or psychiatric examination or test of or provide
168	168	psychological or psychiatric treatment to a student may only do so
169	169	if conducting the examination or test or providing the treatment is
170	170	part of a threat assessment under Section 37.115 or, before
171	171	conducting the examination or test or providing the treatment, the
172	172	district or school obtains written consent for the examination,
173	173	test, or treatment from the student's parent or guardian. For
174	174	purposes of this subsection:
175	175	(1) "Psychological or psychiatric examination or
176	176	test" means a method designed to elicit information regarding an
177	177	attitude, habit, trait, opinion, belief, feeling, or mental
178	178	disorder or a condition thought to lead to a mental disorder,
179	179	regardless of the manner in which the method is presented or
180	180	characterized, including a method that is presented or
181	181	characterized as a survey, check-in, or screening or is embedded in
182	182	an academic lesson.
183	183	(2) "Psychological or psychiatric treatment" means
184	184	the planned, systematic use of a method or technique that is
185	185	designed to affect behavioral, emotional, or attitudinal
186	186	characteristics of an individual or group.
187	187	SECTION 5. Subchapter D, Chapter 37, Education Code, is
188	188	amended by adding Section 37.1089 to read as follows:
189	189	Sec. 37.1089. SCHOOL SAFETY PLAN IMPLEMENTATION GRANT
190	190	PROGRAM. (a) In this section, "fund" means the state school safety
191	191	fund established under Section 7, Article VII, Texas Constitution.
192	192	(b) The commissioner shall establish a grant program using
193	193	proceeds of the fund to provide grants to school districts and
194	194	open-enrollment charter schools for the reimbursement of
195	195	expenditures required for the implementation of a school safety
196	196	plan that has been approved by the agency.
197	197	(c) The commissioner may award grants each school year in an
198	198	amount not to exceed:
199	199	(1) a total amount of $250 million; and
200	200	(2) $10 million per school district or open-enrollment
201	201	charter school.
202	202	(d) If the amount of grant requests under the program
203	203	exceeds $250 million in a school year, the commissioner shall
204	204	proportionately reduce the amount of each grant in that school year
205	205	in an amount necessary to limit the total amount of grants provided
206	206	to $250 million.
207	207	(e) Subject to the limitation under Subsection (c)(1) and
208	208	notwithstanding Subsection (c)(2), if excess funds are available
209	209	for a school year, the commissioner may provide additional grants
210	210	to school districts and open-enrollment charter schools that
211	211	incurred eligible expenses of more than $10 million in that school
212	212	year.
213	213	(f) The commissioner may adopt rules as necessary to
214	214	implement this section.
215	215	SECTION 6. Section 37.354(a), Education Code, is amended to
216	216	read as follows:
217	217	(a) The commissioner may authorize a school district to use
218	218	money provided to the district for the purpose of improving school
219	219	safety and security, including [the school safety allotment under
220	220	Section 48.115 or any other] funding or grant money available to the
221	221	district for that purpose, to comply with the requirements of this
222	222	subchapter.
223	223	SECTION 7. The heading to Subchapter H, Chapter 316,
224	224	Government Code, is amended to read as follows:
225	225	SUBCHAPTER H. ALLOCATION OF CERTAIN CONSTITUTIONAL TRANSFERS OF
226	226	MONEY [TO ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]
227	227	SECTION 8. The heading to Section 316.092, Government Code,
228	228	is amended to read as follows:
229	229	Sec. 316.092. DETERMINATION OF THRESHOLD FOR
230	230	CONSTITUTIONAL TRANSFER TO STATE SCHOOL SAFETY FUND AND STATE
231	231	HIGHWAY FUND.
232	232	SECTION 9. The heading to Section 316.093, Government Code,
233	233	is amended to read as follows:
234	234	Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
235	235	FUND, STATE SCHOOL SAFETY FUND, AND STATE HIGHWAY FUND.
236	236	SECTION 10. Section 316.093, Government Code, is amended by
237	237	amending Subsections (b), (c), and (d) and adding Subsections (b-1)
238	238	and (c-1) to read as follows:
239	239	(b) If the sum described by Subsection (a) is less than the
240	240	amount determined under Section 316.092 for that state fiscal
241	241	biennium, the comptroller shall:
242	242	(1) reduce the allocation to the state highway fund
243	243	provided by Section 49-g(c), Article III, Texas Constitution, by
244	244	the lesser of:
245	245	(A) the amount by which the sum described by
246	246	Subsection (a) is less than the amount determined under Section
247	247	316.092 for that state fiscal biennium; or
248	248	(B) the amount that would otherwise be allocated
249	249	for transfer to the state highway fund under Section 49-g(c),
250	250	Article III, Texas Constitution;
251	251	(2) if the sum described by Subsection (a) plus the
252	252	amount by which the allocation to the state highway fund is reduced
253	253	under Subdivision (1) of this subsection is less than the amount
254	254	determined under Section 316.092 for that state fiscal biennium,
255	255	reduce the allocation to the state school safety fund provided by
256	256	Section 49-g(c), Article III, Texas Constitution, by the lesser of:
257	257	(A) the amount by which the sum described by
258	258	Subsection (a) plus the amount by which the allocation to the state
259	259	highway fund is reduced under Subdivision (1) is less than the
260	260	amount determined under Section 316.092 for that state fiscal
261	261	biennium; or
262	262	(B) the amount that would otherwise be allocated
263	263	for transfer to the state school safety fund under Section 49-g(c),
264	264	Article III, Texas Constitution; and
265	265	(3) increase the allocation to the economic
266	266	stabilization fund provided by Section 49-g(c), Article III, Texas
267	267	Constitution, in an [equal] amount equal to the amount by which the
268	268	allocations to the state highway fund and the state school safety
269	269	fund are reduced under Subdivisions (1) and (2) of this subsection,
270	270	as applicable[, until the amount determined under Section 316.092
271	271	for that state fiscal biennium would be achieved by the transfer to
272	272	the fund or the total amount of the sum described by Section
273	273	49-g(c), Article III, Texas Constitution, is allocated to the fund,
274	274	whichever occurs first].
275	275	(b-1) Notwithstanding Subsection (b), for the state fiscal
276	276	year beginning September 1, 2024, if the sum described by
277	277	Subsection (a) is less than the amount determined under Section
278	278	316.092 for that state fiscal biennium, the comptroller shall
279	279	reduce the allocation to the state highway fund provided by Section
280	280	49-g(c), Article III, Texas Constitution, and increase the
281	281	allocation to the economic stabilization fund in an equal amount
282	282	until the amount determined under Section 316.092 for that state
283	283	fiscal biennium would be achieved by the transfer to the fund or the
284	284	sum of the amounts described by Section 49-g(c) of that article less
285	285	the allocation to the state school safety fund as provided by
286	286	Sections 49-g(c-1) and (c-3) of that article for that state fiscal
287	287	year is allocated to the fund, whichever occurs first. This
288	288	subsection expires September 1, 2025.
289	289	(c) For the purposes of Section 49-g(c-2), Article III,
290	290	Texas Constitution, for a state fiscal biennium beginning on or
291	291	after September 1, 2043, the comptroller shall adjust the
292	292	allocation provided by Section 49-g(c-1) of that article so that:
293	293	(1) the amount allocated for transfer to the state
294	294	highway fund under Section 49-g(c-1) of that article is instead [of
295	295	amounts to be transferred to the fund and to the state highway fund
296	296	under Section 49-g(c) of that article in a state fiscal year
297	297	beginning on or after September 1, 2043, so that the total of those
298	298	amounts is] transferred to the economic stabilization fund; and
299	299	(2) if the total of the transfer under Subdivision (1)
300	300	and the sum described by Subsection (a) is less than the amount
301	301	determined under Section 316.092 for that state fiscal biennium,
302	302	the amount allocated for transfer to the state school safety fund is
303	303	reduced and the allocation to the economic stabilization fund is
304	304	increased in an equal amount until the amount determined under
305	305	Section 316.092 for that state fiscal biennium would be achieved by
306	306	the transfer to the fund or the total amount of the sum described by
307	307	Section 49-g(c) of that article is allocated to the fund, whichever
308	308	occurs first.
309	309	(c-1) The [, except that the] comptroller shall reduce a
310	310	transfer made under Subsection (c) [this subsection] as necessary
311	311	to prevent the amount in the fund from exceeding the limit in effect
312	312	for that biennium under Section 49-g(g), Article III, Texas
313	313	Constitution [of that article].
314	314	(d) Subsection [Subsections (a) and] (b) and this
315	315	subsection expire December 31, 2042.
316	316	SECTION 11. The following provisions are repealed:
317	317	(1) the heading to Section 48.115, Education Code;
318	318	(2) Sections 48.115(a), (a-1), (b-1), (b-2), and (c),
319	319	Education Code; and
320	320	(3) Section 316.092(b), Government Code.
321	321	SECTION 12. The changes made by this Act to the Education
322	322	Code apply beginning with the 2024-2025 school year.
323	323	SECTION 13. The changes made by this Act to Subchapter H,
324	324	Chapter 316, Government Code, apply beginning with the state fiscal
325	325	year beginning September 1, 2024.
326	326	SECTION 14. This Act takes effect on the date on which the
327	327	constitutional amendment proposed by the 88th Legislature, 4th
328	328	Called Session, 2023, creating the state school safety fund to
329	329	provide ongoing financial support for projects that ensure the
330	330	safety of public schools in this state and providing for the
331	331	transfer of certain general revenues to that fund, the economic
332	332	stabilization fund, and the state highway fund is approved by the
333	333	voters. If that amendment is not approved by the voters, this Act
334	334	has no effect.