Texas 2025 - 89th Regular

Texas House Bill HB121 Compare Versions

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1-89R20944 ANG-F
1+89R5011 ANG-F
22 By: King H.B. No. 121
3- Substitute the following for H.B. No. 121:
4- By: Buckley C.S.H.B. No. 121
3+
4+
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66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to measures for ensuring public school safety, including
1010 the commissioning of peace officers by the Texas Education Agency,
11- the composition of the board of directors of the Texas School Safety
12- Center, and public school safety and security requirements and
13- resources.
11+ public school safety and security requirements, and the provision
12+ of safety-related resources.
1413 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1514 SECTION 1. Article 2A.001, Code of Criminal Procedure, is
1615 amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
1716 Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
1817 Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
1918 Regular Session, 2023, and is further amended to read as follows:
2019 Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
2120 peace officers:
2221 (1) a sheriff, a sheriff's deputy, or a reserve deputy
2322 sheriff who holds a permanent peace officer license issued under
2423 Chapter 1701, Occupations Code;
2524 (2) a constable, a deputy constable, or a reserve
2625 deputy constable who holds a permanent peace officer license issued
2726 under Chapter 1701, Occupations Code;
2827 (3) a marshal or police officer of a municipality or a
2928 reserve municipal police officer who holds a permanent peace
3029 officer license issued under Chapter 1701, Occupations Code;
3130 (4) a ranger, officer, or member of the reserve
3231 officer corps commissioned by the Public Safety Commission and the
3332 director of the Department of Public Safety;
3433 (5) an investigator of a district attorney's, criminal
3534 district attorney's, or county attorney's office;
3635 (6) a law enforcement agent of the Texas Alcoholic
3736 Beverage Commission;
3837 (7) a member of an arson investigating unit
3938 commissioned by a municipality, a county, or the state;
4039 (8) an officer commissioned under Section 37.081 or
4140 37.0818, Education Code, or Subchapter E, Chapter 51, Education
4241 Code;
4342 (9) an officer commissioned by the Texas Facilities
4443 Commission;
4544 (10) a law enforcement officer commissioned by the
4645 Parks and Wildlife Commission;
4746 (11) an officer commissioned under Chapter 23,
4847 Transportation Code;
4948 (12) a municipal park and recreational patrol officer
5049 or security officer;
5150 (13) a security officer or investigator commissioned
5251 as a peace officer by the comptroller;
5352 (14) an officer commissioned by a water control and
5453 improvement district under Section 49.216, Water Code;
5554 (15) an officer commissioned by a board of trustees
5655 under Chapter 54, Transportation Code;
5756 (16) an investigator commissioned by the Texas Medical
5857 Board;
5958 (17) an officer commissioned by:
6059 (A) the board of managers of the Dallas County
6160 Hospital District, the Tarrant County Hospital District, the Bexar
6261 County Hospital District, or the El Paso County Hospital District
6362 under Section 281.057, Health and Safety Code;
6463 (B) the board of directors of the Ector County
6564 Hospital District under Section 1024.117, Special District Local
6665 Laws Code;
6766 (C) the board of directors of the Midland County
6867 Hospital District of Midland County, Texas, under Section 1061.121,
6968 Special District Local Laws Code; or
7069 (D) the board of hospital managers of the Lubbock
7170 County Hospital District of Lubbock County, Texas, under Section
7271 1053.113, Special District Local Laws Code;
7372 (18) a county park ranger commissioned under
7473 Subchapter E, Chapter 351, Local Government Code;
7574 (19) an investigator employed by the Texas Racing
7675 Commission;
7776 (20) an officer commissioned under Chapter 554,
7877 Occupations Code;
7978 (21) an officer commissioned by the governing body of
8079 a metropolitan rapid transit authority under Section 451.108,
8180 Transportation Code, or a regional transportation authority under
8281 Section 452.110, Transportation Code;
8382 (22) an investigator commissioned by the attorney
8483 general under Section 402.009, Government Code;
8584 (23) a security officer or investigator commissioned
8685 as a peace officer under Chapter 466, Government Code;
8786 (24) an officer appointed by an appellate court under
8887 Subchapter F, Chapter 53, Government Code;
8988 (25) an officer commissioned by the state fire marshal
9089 under Chapter 417, Government Code;
9190 (26) an investigator commissioned by the commissioner
9291 of insurance under Section 701.104, Insurance Code;
9392 (27) an officer appointed by the inspector general of
9493 [apprehension specialist or inspector general commissioned by] the
9594 Texas Juvenile Justice Department [as an officer] under Section
9695 242.102 [or 243.052], Human Resources Code;
9796 (28) an officer appointed by the inspector general of
9897 the Texas Department of Criminal Justice under Section 493.019,
9998 Government Code;
10099 (29) an investigator commissioned by the Texas
101100 Commission on Law Enforcement under Section 1701.160, Occupations
102101 Code;
103102 (30) a fire marshal or any related officer, inspector,
104103 or investigator commissioned by a county under Subchapter B,
105104 Chapter 352, Local Government Code;
106105 (31) a fire marshal or any officer, inspector, or
107106 investigator commissioned by an emergency services district under
108107 Chapter 775, Health and Safety Code;
109108 (32) a fire marshal or any officer, inspector, or
110109 investigator of a municipality who holds a permanent peace officer
111110 license issued under Chapter 1701, Occupations Code;
112111 (33) an officer commissioned by the State Board of
113112 Dental Examiners under Section 254.013, Occupations Code, subject
114113 to the limitations imposed by that section; [and]
115114 (34) [(33)] an Alamo complex ranger commissioned by
116115 the General Land Office under Section 31.0515, Natural Resources
117116 Code, subject to the limitations imposed by that section; and
118117 (35) an officer commissioned by the Texas Education
119118 Agency as an officer under Section 37.1031, Education Code
120119 [investigator commissioned by the Texas Juvenile Justice
121120 Department as an officer under Section 221.011, Human Resources
122121 Code].
123122 SECTION 2. Section 7.021, Education Code, is amended by
124123 adding Subsection (d) to read as follows:
125124 (d) The agency may commission peace officers as provided by
126125 Section 37.1031 to enforce Subchapter D, Chapter 37.
127126 SECTION 3. Section 37.0814, Education Code, is amended by
128- amending Subsection (d) and adding Subsection (d-1) to read as
129- follows:
130- (d) The board of trustees of a school district that claims a
131- good cause exception under Subsection (c) must develop an
132- alternative standard with which the district is able to comply,
133- which may include providing a person to act as a security officer
134- who is:
135- (1) a school marshal; or
136- (2) a school district employee or a person with whom
137- the district contracts who:
138- (A) either:
139- (i) has completed school safety training
140- provided by a qualified handgun instructor certified in school
141- safety under Section 411.1901, Government Code; or
142- (ii) not later than the 180th day after the
143- date on which the employee or person begins duties as a security
144- officer, completes training deemed appropriate by the district, in
145- consultation with the district's police department, or, if the
146- district does not have a police department, a local law enforcement
147- agency, in:
148- (a) active shooter response, which
149- must be provided by an instructor certified by the Advanced Law
150- Enforcement Rapid Response Training Center at Texas State
151- University--San Marcos;
152- (b) school safety and emergency
153- management;
154- (c) crisis intervention;
155- (d) incident command;
156- (e) first aid administration;
157- (f) mental health; and
158- (g) qualifications relating to the
159- carrying or use of a firearm; and
160- (B) carries a handgun on school premises in
161- accordance with written regulations or written authorization of the
162- district under Section 46.03(a)(1)(A), Penal Code.
127+ adding Subsection (d-1) to read as follows:
163128 (d-1) A good cause exception claimed by the board of
164129 trustees of a school district under Subsection (c) expires on the
165- first anniversary of the date the exception is claimed. On the
130+ fifth anniversary of the date the exception is claimed. On the
166131 expiration of the exception, the board must reevaluate whether the
167132 board is able to comply with this section and, if not, renew:
168133 (1) the claim for an exception under Subsection (c);
169134 and
170135 (2) the alternative standard developed under
171136 Subsection (d).
172137 SECTION 4. Subchapter D, Chapter 37, Education Code, is
173138 amended by adding Section 37.1031 to read as follows:
174139 Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may
175140 commission as a peace officer to enforce this subchapter an
176141 employee who has been certified as qualified to be a peace officer
177142 by the Texas Commission on Law Enforcement.
178143 (b) An employee commissioned as a peace officer under this
179144 section has the powers, privileges, and immunities of a peace
180145 officer while carrying out duties as a peace officer under this
181146 subchapter.
182- SECTION 5. Section 37.108, Education Code, is amended by
183- amending Subsections (a), (c), and (f) and adding Subsection (a-1)
184- to read as follows:
185- (a) Each school district or public junior college district
186- shall adopt and implement a multihazard emergency operations plan
187- for use in the district's facilities. The plan must address
188- prevention, mitigation, preparedness, response, and recovery as
189- defined by the Texas School Safety Center in conjunction with the
190- governor's office of homeland security, the commissioner of
191- education, and the commissioner of higher education. The plan must
192- provide for:
193- (1) training in responding to an emergency for
194- district employees, including school district substitute teachers;
195- (2) measures to ensure district employees, including
196- school district substitute teachers, have classroom access to a
197- telephone, including a cellular telephone, or another electronic
198- communication device allowing for immediate contact with district
199- emergency services or emergency services agencies, law enforcement
200- agencies, health departments, and fire departments;
201- (3) measures to ensure district communications
202- technology and infrastructure are adequate to allow for
203- communication during an emergency;
204- (4) if the plan applies to a school district,
205- mandatory school drills and exercises, including drills required
206- under Section 37.114, to prepare district students and employees
207- for responding to an emergency;
208- (5) measures to ensure coordination with the
209- Department of State Health Services and local emergency management
210- agencies, law enforcement, health departments, and fire
211- departments in the event of an emergency;
212- (6) the implementation of a safety and security audit
213- as required by Subsection (b); and
214- (7) any other requirements established by the Texas
215- School Safety Center in consultation with the agency and the Texas
216- Higher Education Coordinating Board.
217- (a-1) The Texas School Safety Center shall provide to the
218- superintendent of each school district and to the president of each
219- public junior college district notice of the requirements
220- established under Subsection (a)(7) applicable to the district [and
221- relevant local law enforcement agencies].
222- (c) A school district or public junior college district
223- shall report the results of the safety and security audit conducted
224- under Subsection (b) to the district's board of trustees and, in the
225- manner required by the Texas School Safety Center, to the Texas
226- School Safety Center. The district must maintain a copy of the
227- [The] report [provided to the Texas School Safety Center under this
228- subsection must be] signed by:
229- (1) for a school district, the district's board of
230- trustees and superintendent; or
231- (2) for a public junior college district, the
232- president of the junior college district.
147+ SECTION 5. Section 37.108(f), Education Code, is amended to
148+ read as follows:
233149 (f) A school district shall include in its multihazard
234150 emergency operations plan:
235151 (1) a chain of command that designates the individual
236152 responsible for making final decisions during a disaster or
237153 emergency situation and identifies other individuals responsible
238154 for making those decisions if the designated person is unavailable;
239155 (2) provisions that address physical and
240156 psychological safety for responding to a natural disaster, active
241157 shooter, and any other dangerous scenario identified for purposes
242158 of this section by the agency or the Texas School Safety Center;
243159 (3) provisions for ensuring the safety of students in
244160 portable buildings;
245161 (4) provisions for ensuring that students and district
246162 personnel with disabilities are provided equal access to safety
247163 during a disaster or emergency situation;
248164 (5) provisions for providing immediate notification
249165 to parents, guardians, and other persons standing in parental
250166 relation in circumstances involving a significant threat to the
251167 health or safety of students, including identification of the
252168 individual with responsibility for overseeing the notification;
253169 (6) provisions for supporting the psychological
254170 safety of students, district personnel, and the community during
255171 the response and recovery phase following a disaster or emergency
256172 situation that:
257173 (A) are aligned with best practice-based
258174 programs and research-based practices recommended under Section
259175 38.351;
260176 (B) include strategies for ensuring any required
261177 professional development training for suicide prevention and
262178 grief-informed and trauma-informed care is provided to appropriate
263179 school personnel;
264180 (C) include training on integrating
265181 psychological safety and suicide prevention strategies into the
266182 district's plan, such as psychological first aid for schools
267183 training, from an approved list of recommended training established
268184 by the commissioner and Texas School Safety Center for:
269185 (i) members of the district's school safety
270186 and security committee under Section 37.109;
271187 (ii) district school counselors and mental
272188 health professionals; and
273189 (iii) educators and other district
274190 personnel as determined by the district;
275191 (D) include strategies and procedures for
276192 integrating and supporting physical and psychological safety that
277193 align with the provisions described by Subdivision (2); and
278194 (E) implement trauma-informed policies;
279195 (7) a policy for providing a substitute teacher access
280196 to school campus buildings and materials necessary for the
281197 substitute teacher to carry out the duties of a district employee
282198 during an emergency or a mandatory emergency drill;
283199 (8) provisions, as determined by the agency, for
284200 ensuring the safety of students, staff, and spectators during
285201 extracurricular activities sponsored or sanctioned by the
286202 district;
287203 (9) the name of each individual on the district's
288204 school safety and security committee established under Section
289205 37.109 and the date of each committee meeting during the preceding
290206 year; and
291207 (10) [(9)] certification that the district is in
292- compliance with Section 37.117, as added by Chapter 896 (H.B. 3),
293- Acts of the 88th Legislature, Regular Session, 2023.
208+ compliance with Section 37.117.
294209 SECTION 6. Subchapter D, Chapter 37, Education Code, is
295210 amended by adding Section 37.1088 to read as follows:
296211 Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not
297212 later than December 31 of each year, the agency shall prepare and
298213 submit to the governor, the lieutenant governor, the speaker of the
299214 house of representatives, and each standing committee of each house
300215 of the legislature with primary jurisdiction over primary and
301216 secondary education, finance, and appropriations a report that
302217 includes the deidentified results of the vulnerability assessments
303218 and intruder detection audits conducted under Sections 37.1083 and
304219 37.1084 during the preceding year.
305220 (b) The report under Subsection (a) must include
306221 recommendations and possible corrective actions for specific
307222 deficiencies in campus security identified at multiple school
308223 districts and open-enrollment charter schools.
309- SECTION 7. Section 37.115, Education Code, is amended by
310- adding Subsection (d-1) and amending Subsection (h) to read as
311- follows:
312- (d-1) Notwithstanding Subsection (d), if a student in a
313- special education program under Subchapter A, Chapter 29, is the
314- subject of a threat assessment under Subsection (f), the team
315- conducting the threat assessment must include at least one of the
316- following persons who has specific knowledge of the student's
317- disability and the disability's manifestations:
318- (1) a special education teacher who provides
319- instruction to the student;
320- (2) a behavior analyst licensed under Chapter 506,
321- Occupations Code;
322- (3) a clinical or master social worker licensed under
323- Chapter 505, Occupations Code; or
324- (4) a specialist in school psychology licensed under
325- Chapter 501, Occupations Code.
326- (h) On a determination that a student or other individual
327- poses a serious risk of violence to self or others, a team shall
328- immediately report the team's determination to the superintendent
329- and, if[. If] the individual is a student, [the superintendent
330- shall] immediately attempt to inform the parent or person standing
331- in parental relation to the student. The requirements of this
332- subsection do not prevent an employee of the school from acting
333- immediately to prevent an imminent threat or respond to an
334- emergency.
335- SECTION 8. Sections 37.203(a) and (b), Education Code, are
336- amended to read as follows:
337- (a) The center is advised by a board of directors composed
338- of:
339- (1) the attorney general, or the attorney general's
340- designee;
341- (2) the commissioner, or the commissioner's designee;
342- (3) the executive director of the Texas Juvenile
343- Justice Department, or the executive director's designee;
344- (4) the commissioner of the Department of State Health
345- Services, or the commissioner's designee;
346- (5) the commissioner of higher education, or the
347- commissioner's designee; and
348- (6) the following members appointed by the governor
349- with the advice and consent of the senate:
350- (A) a juvenile court judge;
351- (B) a member of a school district's board of
352- trustees;
353- (C) an administrator of a public primary school;
354- (D) an administrator of a public secondary
355- school;
356- (E) a member of the state parent-teacher
357- association;
358- (F) a teacher from a public primary or secondary
359- school;
360- (G) a public school superintendent who is a
361- member of the Texas Association of School Administrators;
362- (H) a school district police officer or a peace
363- officer whose primary duty consists of working in a public school;
364- (I) a professional architect who is registered in
365- this state and a member of the Texas Society of Architects;
366- (J) an administrator of a public junior college;
367- and
368- (K) [(J)] three members of the public.
369- (b) Members of the board appointed under Subsection (a)(6)
370- serve staggered two-year terms, with the terms of the members
371- described by Subsections (a)(6)(A)-(F) expiring on February 1 of
372- each odd-numbered year and the terms of the members described by
373- Subsections (a)(6)(G)-(K) [(J)] expiring on February 1 of each
374- even-numbered year. A member may serve more than one term.
375- SECTION 9. Section 37.222(b), Education Code, is amended to
224+ SECTION 7. Section 37.222(b), Education Code, is amended to
376225 read as follows:
377226 (b) At least three times each school year, each [Each]
378227 school district and open-enrollment charter school shall provide
379228 the information and other resources described under Subsection (a)
380229 to the parent or guardian of each student enrolled in the district
381230 or school.
382- SECTION 10. Section 37.353, Education Code, is amended by
231+ SECTION 8. Section 37.353, Education Code, is amended by
383232 adding Subsection (c) to read as follows:
384233 (c) A good cause exception claimed by a school district
385234 under Subsection (a) expires on the fifth anniversary of the date on
386235 which the exception is claimed. On the expiration of the exception,
387236 the district must reevaluate whether the district is able to comply
388237 with each school facility standard related to safety and security,
389238 and if not, renew:
390239 (1) the claim for an exception under Subsection (a);
391240 and
392241 (2) the alternative performance standard developed
393242 under Subsection (b).
394- SECTION 11. Section 48.115(b), Education Code, is amended
395- to read as follows:
396- (b) Funds allocated under this section must be used to
397- improve school safety and security, including costs associated
398- with:
399- (1) securing school facilities in accordance with the
400- requirements of Section 37.351, including:
401- (A) improvements to school infrastructure;
402- (B) the use or installation of perimeter security
403- fencing conducive to a public school learning environment or
404- physical barriers, which may not include razor wire;
405- (C) interior and exterior door and window safety
406- and security upgrades, including exterior door numbering and
407- locking systems and security film that provides resistance to a
408- forced entry; and
409- (D) the purchase and maintenance of:
410- (i) security cameras and, if the district
411- has already installed security cameras, other security equipment,
412- including video surveillance as provided by Section 29.022; and
413- (ii) technology, including communications
414- systems or devices, such as silent panic alert devices, two-way
415- radios, or wireless Internet booster equipment, that facilitates
416- communication and information sharing between students, school
417- personnel, and first responders in an emergency;
418- (2) providing security for the district, including:
419- (A) employing school district peace officers,
420- private security officers, and school marshals; and
421- (B) collaborating with local law enforcement
422- agencies, such as entering into a memorandum of understanding for
423- the assignment of school resource officers to schools in the
424- district;
425- (3) school safety and security measures, including:
426- (A) active shooter and emergency response
427- training;
428- (B) prevention and treatment programs relating
429- to addressing adverse childhood experiences; and
430- (C) the prevention, identification, and
431- management of emergencies and threats, using evidence-based,
432- effective prevention practices and including:
433- (i) providing licensed counselors, social
434- workers, behavioral interventionists, chaplains, and individuals
435- trained in restorative discipline and [restorative] justice or
436- other discipline management practices;
437- (ii) providing mental health personnel and
438- support, including chaplains;
439- (iii) providing behavioral health
440- services, including services provided by chaplains;
441- (iv) establishing threat reporting
442- systems; and
443- (v) developing and implementing programs
444- focused on restorative justice practices, culturally relevant
445- instruction, and providing mental health support, including
446- support provided by chaplains;
447- (4) providing programs related to suicide prevention,
448- intervention, and postvention, including programs provided by
449- chaplains; and
450- (5) employing a school safety director and other
451- personnel to manage and monitor school safety initiatives and the
452- implementation of school safety requirements for the district.
453- SECTION 12. Sections 85.024(a) and (b), Local Government
243+ SECTION 9. Sections 85.024(a) and (b), Local Government
454244 Code, are amended to read as follows:
455245 (a) The sheriff of a county with a total population of less
456- than 350,000 in which a school district or open-enrollment charter
457- [public] school is located shall call and conduct a meeting at least
458- twice each calendar year, not less than three months apart,
459- [semiannual meetings] to discuss:
246+ than 350,000 in which a public school is located shall call and
247+ conduct a meeting at least twice each year [semiannual meetings] to
248+ discuss:
460249 (1) school safety;
461250 (2) coordinated law enforcement response to school
462251 violence incidents;
463252 (3) law enforcement agency capabilities;
464253 (4) available resources;
465254 (5) emergency radio interoperability;
466255 (6) chain of command planning; and
467256 (7) other related subjects proposed by a person in
468257 attendance at the meeting.
469258 (b) The sheriff of a county to which this section applies in
470- which more than one school district or open-enrollment charter
471- [public] school is located may discuss school safety policies for
472- more than [is only required to hold] one school district or
473- open-enrollment charter school in a [semiannual] meeting described
474- by Subsection (a). This subsection does not require districts or
475- schools [public schools] located within the same county to adopt
476- the same school safety policies.
477- SECTION 13. Section 37.2161, Education Code, is repealed.
478- SECTION 14. This Act applies beginning with the 2025-2026
259+ which more than one public school is located is only required to
260+ hold one [semiannual] meeting described by Subsection (a) for all
261+ the public schools located in the county. This subsection does not
262+ require public schools located within the same county to adopt the
263+ same school safety policies.
264+ SECTION 10. This Act applies beginning with the 2025-2026
479265 school year.
480- SECTION 15. Not later than February 1, 2026, the governor
481- shall appoint the new member to the board of directors of the Texas
482- School Safety Center as required by Section 37.203(a)(6)(J),
483- Education Code, as amended by this Act.
484- SECTION 16. To the extent of any conflict, this Act prevails
266+ SECTION 11. To the extent of any conflict, this Act prevails
485267 over another Act of the 89th Legislature, Regular Session, 2025,
486268 relating to nonsubstantive additions to and corrections in enacted
487269 codes.
488- SECTION 17. This Act takes effect immediately if it
270+ SECTION 12. This Act takes effect immediately if it
489271 receives a vote of two-thirds of all the members elected to each
490272 house, as provided by Section 39, Article III, Texas Constitution.
491273 If this Act does not receive the vote necessary for immediate
492274 effect, this Act takes effect September 1, 2025.