Texas 2025 - 89th Regular

Texas House Bill HB2377 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10957 TSS-D
2	2	By: Howard H.B. No. 2377
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to funding for projects that improve the physical and
10	10	mental health of public school students and enhance the safety of
11	11	public schools in this state; authorizing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle I, Title 2, Education Code, is amended
14	14	by adding Chapter 47A to read as follows:
15	15	CHAPTER 47A. STATE SCHOOL HEALTH AND SAFETY FUND AND GRANTS
16	16	Sec. 47A.001. DEFINITIONS. In this chapter:
17	17	(1) "Corporation" means the Texas Permanent School
18	18	Fund Corporation established under Chapter 43.
19	19	(2) "Fund" means the state school health and safety
20	20	fund established under Section 7, Article VII, Texas Constitution.
21	21	(3) "Program" means the school health and safety grant
22	22	program.
23	23	Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER.
24	24	Notwithstanding any other law, including Section 48.265, if the
25	25	commissioner determines that the amount appropriated for a state
26	26	fiscal year for purposes of administering the Foundation School
27	27	Program exceeds the amount to which school districts and
28	28	open-enrollment charter schools are entitled under Chapters 46, 48,
29	29	and 49 for that year, the commissioner shall deposit a portion of
30	30	that excess, up to 100 percent, to the credit of the fund.
31	31	Sec. 47A.003. USES OF FUND. Money in the fund may only be
32	32	used to provide grants to school districts and open-enrollment
33	33	charter schools to improve the physical and mental health of
34	34	students and enhance school safety under Section 47A.005.
35	35	Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation
36	36	shall hold and invest the fund with the objective of maintaining
37	37	sufficient liquidity to meet the needs of the fund while striving to
38	38	maximize returns. In managing the assets of the fund, through
39	39	procedures and subject to restrictions the corporation considers
40	40	appropriate, the corporation may acquire, exchange, sell,
41	41	supervise, manage, or retain any type of investment that a person of
42	42	ordinary prudence, discretion, and intelligence, exercising
43	43	reasonable care, skill, and caution, would acquire, exchange, sell,
44	44	supervise, manage, or retain in light of the fund's investment
45	45	objective.
46	46	(b) The corporation may charge a fee not to exceed the
47	47	amount necessary to cover the costs estimated to be incurred by the
48	48	corporation in managing and investing the fund. The fee may be
49	49	assessed on the available balance of the fund each fiscal year.
50	50	Sec. 47A.005. SCHOOL HEALTH AND SAFETY GRANTS. (a) The
51	51	commissioner shall establish a school health and safety grant
52	52	program using proceeds of the fund to reimburse a school district or
53	53	open-enrollment charter school for student health-related
54	54	expenditures or expenditures required for the implementation of a
55	55	school safety plan that has been approved by the agency.
56	56	(b) The amount of grants awarded to a school district or
57	57	open-enrollment charter school under the program for a school year
58	58	may not exceed $10 million.
59	59	(c) The total amount of grants awarded under the program for
60	60	a school year may not exceed $500 million.
61	61	(d) If the amount of grant requests under the program
62	62	exceeds the amount permitted under Subsection (c) in a school year,
63	63	the commissioner shall proportionately reduce the amount of each
64	64	grant in an amount necessary to limit the total amount of grants
65	65	provided to the amount permitted under Subsection (c).
66	66	(e) Notwithstanding Subsection (b) and subject to the
67	67	limitation under Subsection (c), if excess funds are available for
68	68	a school year, the commissioner may provide additional grants to
69	69	school districts and open-enrollment charter schools that incurred
70	70	eligible expenses in an amount that exceeded the amount in
71	71	Subsection (b).
72	72	Sec. 47A.006. RULES. The commissioner, in consultation
73	73	with the corporation, may adopt rules as necessary to implement
74	74	this chapter.
75	75	SECTION 2. The heading to Section 48.115, Education Code,
76	76	is amended to read as follows:
77	77	Sec. 48.115. SCHOOL HEALTH AND SAFETY ALLOTMENT.
78	78	SECTION 3. Section 48.115, Education Code, is amended by
79	79	amending Subsections (a) and (b) and adding Subsection (c-2) to
80	80	read as follows:
81	81	(a) A [Except as provided by Subsection (a-1), a] school
82	82	district is entitled to an annual allotment of $200 [equal to the
83	83	sum of the following amounts or a greater amount provided by
84	84	appropriation:
85	85	[(1) $10] for each student in average daily attendance
86	86	[, plus $1 for each student in average daily attendance per every
87	87	$50 by which the district's maximum basic allotment under Section
88	88	48.051 exceeds $6,160, prorated as necessary; and
89	89	[(2) $15,000 per campus].
90	90	(b) A school district must use funds received under this
91	91	section as follows:
92	92	(1) 50 percent must be used to improve the physical and
93	93	mental health of district students; and
94	94	(2) 50 percent must be used [Funds allocated under
95	95	this section must be used] to improve school safety and security [,
96	96	including costs associated with:
97	97	[(1) securing school facilities in accordance with the
98	98	requirements of Section 37.351, including:
99	99	[(A) improvements to school infrastructure;
100	100	[(B) the use or installation of perimeter
101	101	security fencing conducive to a public school learning environment
102	102	or physical barriers, which may not include razor wire;
103	103	[(C) exterior door and window safety and security
104	104	upgrades, including exterior door numbering and locking systems and
105	105	security film that provides resistance to a forced entry; and
106	106	[(D) the purchase and maintenance of:
107	107	[(i) security cameras and, if the district
108	108	has already installed security cameras, other security equipment,
109	109	including video surveillance as provided by Section 29.022; and
110	110	[(ii) technology, including communications
111	111	systems or devices, such as silent panic alert devices, two-way
112	112	radios, or wireless Internet booster equipment, that facilitates
113	113	communication and information sharing between students, school
114	114	personnel, and first responders in an emergency;
115	115	[(2) providing security for the district, including:
116	116	[(A) employing school district peace officers,
117	117	private security officers, and school marshals; and
118	118	[(B) collaborating with local law enforcement
119	119	agencies, such as entering into a memorandum of understanding for
120	120	the assignment of school resource officers to schools in the
121	121	district;
122	122	[(3) school safety and security measures, including:
123	123	[(A) active shooter and emergency response
124	124	training;
125	125	[(B) prevention and treatment programs relating
126	126	to addressing adverse childhood experiences; and
127	127	[(C) the prevention, identification, and
128	128	management of emergencies and threats, using evidence-based,
129	129	effective prevention practices and including:
130	130	[(i) providing licensed counselors, social
131	131	workers, chaplains, and individuals trained in restorative
132	132	discipline and restorative justice practices;
133	133	[(ii) providing mental health personnel and
134	134	support, including chaplains;
135	135	[(iii) providing behavioral health
136	136	services, including services provided by chaplains;
137	137	[(iv) establishing threat reporting
138	138	systems; and
139	139	[(v) developing and implementing programs
140	140	focused on restorative justice practices, culturally relevant
141	141	instruction, and providing mental health support, including
142	142	support provided by chaplains;
143	143	[(4) providing programs related to suicide
144	144	prevention, intervention, and postvention, including programs
145	145	provided by chaplains; and
146	146	[(5) employing a school safety director and other
147	147	personnel to manage and monitor school safety initiatives and the
148	148	implementation of school safety requirements for the district].
149	149	(c-2) Subsection (c-1) does not apply to the provision of
150	150	behavioral health services or programming.
151	151	SECTION 4. Section 37.108(b-1), Education Code, is amended
152	152	to read as follows:
153	153	(b-1) In a school district's safety and security audit
154	154	required under Subsection (b), the district must certify that the
155	155	district used the funds provided to the district through the school
156	156	health and safety allotment under Section 48.115 described by
157	157	Subsection (b)(2) of that section only for the purposes provided by
158	158	that subsection [section].
159	159	SECTION 5. Section 37.117(c), Education Code, as added by
160	160	Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
161	161	Session, 2023, is amended to read as follows:
162	162	(c) To comply with this section, a school district or
163	163	open-enrollment charter school may:
164	164	(1) use funds provided to the district or school
165	165	through the school health and safety allotment under Section 48.115
166	166	or other available funds; and
167	167	(2) use the district's or school's customary
168	168	procurement process.
169	169	SECTION 6. Section 37.354(a), Education Code, is amended to
170	170	read as follows:
171	171	(a) The commissioner may authorize a school district to use
172	172	money provided to the district for the purpose of improving school
173	173	safety and security, including the school health and safety
174	174	allotment under Section 48.115 or any other funding or grant money
175	175	available to the district for that purpose, to comply with the
176	176	requirements of this subchapter.
177	177	SECTION 7. Section 48.115(a-1), Education Code, is
178	178	repealed.
179	179	SECTION 8. It is the intent of the 89th Legislature, Regular
180	180	Session, 2025, that the amendments made by this Act be harmonized
181	181	with another Act of the 89th Legislature, Regular Session, 2025,
182	182	relating to nonsubstantive additions to and corrections in enacted
183	183	codes.
184	184	SECTION 9. (a) Except as provided by Subsection (b) of this
185	185	section, this Act takes effect September 1, 2025.
186	186	(b) Section 1 of this Act takes effect January 1, 2026, but
187	187	only if the constitutional amendment proposed by the 89th
188	188	Legislature, Regular Session, 2025, creating the state school
189	189	health and safety fund to provide financial support for projects
190	190	that improve the physical and mental health of public school
191	191	students and enhance the safety of public schools in this state is
192	192	approved by the voters. If that constitutional amendment is not
193	193	approved by the voters, Section 1 of this Act has no effect.