89R20944 ANG-F
By: King H.B. No. 121
Substitute the following for H.B. No. 121:
By: Buckley C.S.H.B. No. 121
A BILL TO BE ENTITLED
AN ACT
relating to measures for ensuring public school safety, including
the commissioning of peace officers by the Texas Education Agency,
the composition of the board of directors of the Texas School Safety
Center, and public school safety and security requirements and
resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.001, Code of Criminal Procedure, is
amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
Regular Session, 2023, and is further amended to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081 or
37.0818, Education Code, or Subchapter E, Chapter 51, Education
Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) an officer appointed by the inspector general of
[apprehension specialist or inspector general commissioned by] the
Texas Juvenile Justice Department [as an officer] under Section
242.102 [or 243.052], Human Resources Code;
(28) an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) a fire marshal or any officer, inspector, or
investigator of a municipality who holds a permanent peace officer
license issued under Chapter 1701, Occupations Code;
(33) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; [and]
(34) [(33)] an Alamo complex ranger commissioned by
the General Land Office under Section 31.0515, Natural Resources
Code, subject to the limitations imposed by that section; and
(35) an officer commissioned by the Texas Education
Agency as an officer under Section 37.1031, Education Code
[investigator commissioned by the Texas Juvenile Justice
Department as an officer under Section 221.011, Human Resources
Code].
SECTION 2. Section 7.021, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) The agency may commission peace officers as provided by
Section 37.1031 to enforce Subchapter D, Chapter 37.
SECTION 3. Section 37.0814, Education Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The board of trustees of a school district that claims a
good cause exception under Subsection (c) must develop an
alternative standard with which the district is able to comply,
which may include providing a person to act as a security officer
who is:
(1) a school marshal; or
(2) a school district employee or a person with whom
the district contracts who:
(A) either:
(i) has completed school safety training
provided by a qualified handgun instructor certified in school
safety under Section 411.1901, Government Code; or
(ii) not later than the 180th day after the
date on which the employee or person begins duties as a security
officer, completes training deemed appropriate by the district, in
consultation with the district's police department, or, if the
district does not have a police department, a local law enforcement
agency, in:
(a) active shooter response, which
must be provided by an instructor certified by the Advanced Law
Enforcement Rapid Response Training Center at Texas State
University--San Marcos;
(b) school safety and emergency
management;
(c) crisis intervention;
(d) incident command;
(e) first aid administration;
(f) mental health; and
(g) qualifications relating to the
carrying or use of a firearm; and
(B) carries a handgun on school premises in
accordance with written regulations or written authorization of the
district under Section 46.03(a)(1)(A), Penal Code.
(d-1) A good cause exception claimed by the board of
trustees of a school district under Subsection (c) expires on the
first anniversary of the date the exception is claimed. On the
expiration of the exception, the board must reevaluate whether the
board is able to comply with this section and, if not, renew:
(1) the claim for an exception under Subsection (c);
and
(2) the alternative standard developed under
Subsection (d).
SECTION 4. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1031 to read as follows:
Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may
commission as a peace officer to enforce this subchapter an
employee who has been certified as qualified to be a peace officer
by the Texas Commission on Law Enforcement.
(b) An employee commissioned as a peace officer under this
section has the powers, privileges, and immunities of a peace
officer while carrying out duties as a peace officer under this
subchapter.
SECTION 5. Section 37.108, Education Code, is amended by
amending Subsections (a), (c), and (f) and adding Subsection (a-1)
to read as follows:
(a) Each school district or public junior college district
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities. The plan must address
prevention, mitigation, preparedness, response, and recovery as
defined by the Texas School Safety Center in conjunction with the
governor's office of homeland security, the commissioner of
education, and the commissioner of higher education. The plan must
provide for:
(1) training in responding to an emergency for
district employees, including school district substitute teachers;
(2) measures to ensure district employees, including
school district substitute teachers, have classroom access to a
telephone, including a cellular telephone, or another electronic
communication device allowing for immediate contact with district
emergency services or emergency services agencies, law enforcement
agencies, health departments, and fire departments;
(3) measures to ensure district communications
technology and infrastructure are adequate to allow for
communication during an emergency;
(4) if the plan applies to a school district,
mandatory school drills and exercises, including drills required
under Section 37.114, to prepare district students and employees
for responding to an emergency;
(5) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency;
(6) the implementation of a safety and security audit
as required by Subsection (b); and
(7) any other requirements established by the Texas
School Safety Center in consultation with the agency and the Texas
Higher Education Coordinating Board.
(a-1) The Texas School Safety Center shall provide to the
superintendent of each school district and to the president of each
public junior college district notice of the requirements
established under Subsection (a)(7) applicable to the district [and
relevant local law enforcement agencies].
(c) A school district or public junior college district
shall report the results of the safety and security audit conducted
under Subsection (b) to the district's board of trustees and, in the
manner required by the Texas School Safety Center, to the Texas
School Safety Center. The district must maintain a copy of the
[The] report [provided to the Texas School Safety Center under this
subsection must be] signed by:
(1) for a school district, the district's board of
trustees and superintendent; or
(2) for a public junior college district, the
president of the junior college district.
(f) A school district shall include in its multihazard
emergency operations plan:
(1) a chain of command that designates the individual
responsible for making final decisions during a disaster or
emergency situation and identifies other individuals responsible
for making those decisions if the designated person is unavailable;
(2) provisions that address physical and
psychological safety for responding to a natural disaster, active
shooter, and any other dangerous scenario identified for purposes
of this section by the agency or the Texas School Safety Center;
(3) provisions for ensuring the safety of students in
portable buildings;
(4) provisions for ensuring that students and district
personnel with disabilities are provided equal access to safety
during a disaster or emergency situation;
(5) provisions for providing immediate notification
to parents, guardians, and other persons standing in parental
relation in circumstances involving a significant threat to the
health or safety of students, including identification of the
individual with responsibility for overseeing the notification;
(6) provisions for supporting the psychological
safety of students, district personnel, and the community during
the response and recovery phase following a disaster or emergency
situation that:
(A) are aligned with best practice-based
programs and research-based practices recommended under Section
38.351;
(B) include strategies for ensuring any required
professional development training for suicide prevention and
grief-informed and trauma-informed care is provided to appropriate
school personnel;
(C) include training on integrating
psychological safety and suicide prevention strategies into the
district's plan, such as psychological first aid for schools
training, from an approved list of recommended training established
by the commissioner and Texas School Safety Center for:
(i) members of the district's school safety
and security committee under Section 37.109;
(ii) district school counselors and mental
health professionals; and
(iii) educators and other district
personnel as determined by the district;
(D) include strategies and procedures for
integrating and supporting physical and psychological safety that
align with the provisions described by Subdivision (2); and
(E) implement trauma-informed policies;
(7) a policy for providing a substitute teacher access
to school campus buildings and materials necessary for the
substitute teacher to carry out the duties of a district employee
during an emergency or a mandatory emergency drill;
(8) provisions, as determined by the agency, for
ensuring the safety of students, staff, and spectators during
extracurricular activities sponsored or sanctioned by the
district;
(9) the name of each individual on the district's
school safety and security committee established under Section
37.109 and the date of each committee meeting during the preceding
year; and
(10) [(9)] certification that the district is in
compliance with Section 37.117, as added by Chapter 896 (H.B. 3),
Acts of the 88th Legislature, Regular Session, 2023.
SECTION 6. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1088 to read as follows:
Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not
later than December 31 of each year, the agency shall prepare and
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and each standing committee of each house
of the legislature with primary jurisdiction over primary and
secondary education, finance, and appropriations a report that
includes the deidentified results of the vulnerability assessments
and intruder detection audits conducted under Sections 37.1083 and
37.1084 during the preceding year.
(b) The report under Subsection (a) must include
recommendations and possible corrective actions for specific
deficiencies in campus security identified at multiple school
districts and open-enrollment charter schools.
SECTION 7. Section 37.115, Education Code, is amended by
adding Subsection (d-1) and amending Subsection (h) to read as
follows:
(d-1) Notwithstanding Subsection (d), if a student in a
special education program under Subchapter A, Chapter 29, is the
subject of a threat assessment under Subsection (f), the team
conducting the threat assessment must include at least one of the
following persons who has specific knowledge of the student's
disability and the disability's manifestations:
(1) a special education teacher who provides
instruction to the student;
(2) a behavior analyst licensed under Chapter 506,
Occupations Code;
(3) a clinical or master social worker licensed under
Chapter 505, Occupations Code; or
(4) a specialist in school psychology licensed under
Chapter 501, Occupations Code.
(h) On a determination that a student or other individual
poses a serious risk of violence to self or others, a team shall
immediately report the team's determination to the superintendent
and, if[. If] the individual is a student, [the superintendent
shall] immediately attempt to inform the parent or person standing
in parental relation to the student. The requirements of this
subsection do not prevent an employee of the school from acting
immediately to prevent an imminent threat or respond to an
emergency.
SECTION 8. Sections 37.203(a) and (b), Education Code, are
amended to read as follows:
(a) The center is advised by a board of directors composed
of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Justice Department, or the executive director's designee;
(4) the commissioner of the Department of State Health
Services, or the commissioner's designee;
(5) the commissioner of higher education, or the
commissioner's designee; and
(6) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
(I) a professional architect who is registered in
this state and a member of the Texas Society of Architects;
(J) an administrator of a public junior college;
and
(K) [(J)] three members of the public.
(b) Members of the board appointed under Subsection (a)(6)
serve staggered two-year terms, with the terms of the members
described by Subsections (a)(6)(A)-(F) expiring on February 1 of
each odd-numbered year and the terms of the members described by
Subsections (a)(6)(G)-(K) [(J)] expiring on February 1 of each
even-numbered year. A member may serve more than one term.
SECTION 9. Section 37.222(b), Education Code, is amended to
read as follows:
(b) At least three times each school year, each [Each]
school district and open-enrollment charter school shall provide
the information and other resources described under Subsection (a)
to the parent or guardian of each student enrolled in the district
or school.
SECTION 10. Section 37.353, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A good cause exception claimed by a school district
under Subsection (a) expires on the fifth anniversary of the date on
which the exception is claimed. On the expiration of the exception,
the district must reevaluate whether the district is able to comply
with each school facility standard related to safety and security,
and if not, renew:
(1) the claim for an exception under Subsection (a);
and
(2) the alternative performance standard developed
under Subsection (b).
SECTION 11. 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 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) interior and 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
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, 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 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, behavioral interventionists, chaplains, and individuals
trained in restorative discipline and [restorative] justice or
other discipline management 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.
SECTION 12. Sections 85.024(a) and (b), Local Government
Code, are amended to read as follows:
(a) The sheriff of a county with a total population of less
than 350,000 in which a school district or open-enrollment charter
[public] school is located shall call and conduct a meeting at least
twice each calendar year, not less than three months apart,
[semiannual meetings] to discuss:
(1) school safety;
(2) coordinated law enforcement response to school
violence incidents;
(3) law enforcement agency capabilities;
(4) available resources;
(5) emergency radio interoperability;
(6) chain of command planning; and
(7) other related subjects proposed by a person in
attendance at the meeting.
(b) The sheriff of a county to which this section applies in
which more than one school district or open-enrollment charter
[public] school is located may discuss school safety policies for
more than [is only required to hold] one school district or
open-enrollment charter school in a [semiannual] meeting described
by Subsection (a). This subsection does not require districts or
schools [public schools] located within the same county to adopt
the same school safety policies.
SECTION 13. Section 37.2161, Education Code, is repealed.
SECTION 14. This Act applies beginning with the 2025-2026
school year.
SECTION 15. Not later than February 1, 2026, the governor
shall appoint the new member to the board of directors of the Texas
School Safety Center as required by Section 37.203(a)(6)(J),
Education Code, as amended by this Act.
SECTION 16. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 17. 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, 2025.