Texas 2025 - 89th Regular

Texas House Bill HB33 Compare Versions

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11 89R22582 JBD/ANG-D
22 By: McLaughlin, Guillen, Moody, Leo Wilson, H.B. No. 33
33 Louderback, et al.
4+ Substitute the following for H.B. No. 33:
5+ By: Hefner C.S.H.B. No. 33
46
57
68
79
810 A BILL TO BE ENTITLED
911 AN ACT
1012 relating to active shooter incidents at primary and secondary
1113 school facilities and other emergencies, including certain
1214 accreditations of law enforcement agencies that respond to such
1315 emergencies.
1416 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1517 SECTION 1. This Act may be cited as the Uvalde Strong Act.
1618 SECTION 2. Section 12.104(b), Education Code, is amended to
1719 read as follows:
1820 (b) An open-enrollment charter school is subject to:
1921 (1) a provision of this title establishing a criminal
2022 offense;
2123 (2) the provisions in Chapter 554, Government Code;
2224 and
2325 (3) a prohibition, restriction, or requirement, as
2426 applicable, imposed by this title or a rule adopted under this
2527 title, relating to:
2628 (A) the Public Education Information Management
2729 System (PEIMS) to the extent necessary to monitor compliance with
2830 this subchapter as determined by the commissioner;
2931 (B) criminal history records under Subchapter C,
3032 Chapter 22;
3133 (C) reading instruments and accelerated reading
3234 instruction programs under Section 28.006;
3335 (D) accelerated instruction under Section
3436 28.0211;
3537 (E) high school graduation requirements under
3638 Section 28.025;
3739 (F) special education programs under Subchapter
3840 A, Chapter 29;
3941 (G) bilingual education under Subchapter B,
4042 Chapter 29;
4143 (H) prekindergarten programs under Subchapter E
4244 or E-1, Chapter 29, except class size limits for prekindergarten
4345 classes imposed under Section 25.112, which do not apply;
4446 (I) extracurricular activities under Section
4547 33.081;
4648 (J) discipline management practices or behavior
4749 management techniques under Section 37.0021;
4850 (K) health and safety under Chapter 38;
4951 (L) the provisions of Subchapter A, Chapter 39;
5052 (M) public school accountability and special
5153 investigations under Subchapters A, B, C, D, F, G, and J, Chapter
5254 39, and Chapter 39A;
5355 (N) the requirement under Section 21.006 to
5456 report an educator's misconduct;
5557 (O) intensive programs of instruction under
5658 Section 28.0213;
5759 (P) the right of a school employee to report a
5860 crime, as provided by Section 37.148;
5961 (Q) bullying prevention policies and procedures
6062 under Section 37.0832;
6163 (R) the right of a school under Section 37.0052
6264 to place a student who has engaged in certain bullying behavior in a
6365 disciplinary alternative education program or to expel the student;
6466 (S) the right under Section 37.0151 to report to
6567 local law enforcement certain conduct constituting assault or
6668 harassment;
6769 (T) a parent's right to information regarding the
6870 provision of assistance for learning difficulties to the parent's
6971 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
7072 (U) establishment of residency under Section
7173 25.001;
7274 (V) school safety requirements under Sections
7375 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
7476 37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207,
7577 and 37.2071 and Subchapter J, Chapter 37;
7678 (W) the early childhood literacy and mathematics
7779 proficiency plans under Section 11.185;
7880 (X) the college, career, and military readiness
7981 plans under Section 11.186; and
8082 (Y) parental options to retain a student under
8183 Section 28.02124.
8284 SECTION 3. Sections 37.108(a) and (b), Education Code, are
8385 amended to read as follows:
8486 (a) Each school district or public junior college district
8587 shall adopt and implement a multihazard emergency operations plan
8688 for use in the district's facilities. The plan must address
8789 prevention, mitigation, preparedness, response, and recovery,
8890 including the prompt recovery of services provided by the school
8991 district or public junior college district, as defined by the Texas
9092 School Safety Center in conjunction with the governor's office of
9193 homeland security, the commissioner of education, and the
9294 commissioner of higher education. The plan must provide for:
9395 (1) training in responding to an emergency for
9496 district employees, including substitute teachers;
9597 (2) measures to ensure district employees, including
9698 substitute teachers, have classroom access to a telephone,
9799 including a cellular telephone, or another electronic
98100 communication device allowing for immediate contact with district
99101 emergency services or emergency services agencies, law enforcement
100102 agencies, health departments, and fire departments;
101103 (3) measures to ensure district communications
102104 technology and infrastructure are adequate to allow for
103105 communication during an emergency, including measures to ensure the
104106 use of standardized response protocol terminology, developed in
105107 coordination with the Texas School Safety Center, to facilitate
106108 communication between law enforcement, emergency services,
107109 district employees, and the public;
108110 (4) if the plan applies to a school district,
109111 mandatory school drills and exercises, including drills required
110112 under Section 37.114, to prepare district students and employees
111113 for responding to an emergency;
112114 (5) measures to ensure coordination with the
113115 Department of State Health Services and local emergency management
114116 agencies, law enforcement, health departments, and fire
115117 departments in the event of an emergency;
116118 (6) the implementation of a safety and security audit
117119 as required by Subsection (b); and
118120 (7) any other requirements established by the Texas
119121 School Safety Center in consultation with the agency and relevant
120122 local law enforcement agencies.
121123 (b) At least once every three years, each school district or
122124 public junior college district shall conduct a safety and security
123125 audit of the district's facilities that includes a security review
124126 as described by Section 37.1087 for each district facility. A
125127 district, or a person included in the registry established by the
126128 Texas School Safety Center under Section 37.2091 who is engaged by
127129 the district to conduct a safety and security audit, shall follow
128130 safety and security audit procedures developed by the Texas School
129131 Safety Center in coordination with the commissioner of education or
130132 commissioner of higher education, as applicable.
131133 SECTION 4. Section 37.1083(a), Education Code, is amended
132134 to read as follows:
133135 (a) The agency shall monitor the implementation and
134136 operation of requirements related to school district safety and
135137 security, including school district:
136138 (1) multihazard emergency operations plans; [and]
137139 (2) safety and security audits; and
138140 (3) security reviews.
139141 SECTION 5. Subchapter D, Chapter 37, Education Code, is
140142 amended by adding Section 37.1087 to read as follows:
141143 Sec. 37.1087. SECURITY REVIEW. (a) If a school district
142144 constructs, acquires, renovates, or improves a district facility,
143145 the district shall, as soon as practicable, conduct a security
144146 review of the facility to:
145147 (1) determine whether the facility meets school safety
146148 and security requirements as described by commissioner rule; and
147149 (2) identify security vulnerabilities at the facility
148150 in the event of an active shooter incident and describe strategies
149151 to mitigate each vulnerability identified.
150152 (b) The commissioner, in consultation with the Department
151153 of Public Safety, the Texas Division of Emergency Management, and
152154 the Texas School Safety Center, shall ensure that the rules adopted
153155 or amended under Section 7.061 include rules for the review
154156 required under this section.
155157 SECTION 6. Subchapter D, Chapter 37, Education Code, is
156158 amended by adding Section 37.1171 to read as follows:
157159 Sec. 37.1171. AVAILABILITY OF BREACHING TOOL AND BALLISTIC
158160 SHIELD. Each school district and open-enrollment charter school
159161 must have at least one breaching tool and one ballistic shield
160162 available for use at each campus in the event of an active shooter
161163 incident.
162164 SECTION 7. Section 51.217(b), Education Code, is amended to
163165 read as follows:
164166 (b) An institution shall adopt and implement a multihazard
165167 emergency operations plan for use at the institution. The plan must
166168 address mitigation, preparedness, response, and recovery,
167169 including the prompt recovery of services provided by the
168170 institution. The plan must provide for:
169171 (1) employee training in responding to an emergency;
170172 (2) mandatory drills to prepare students, faculty, and
171173 employees for responding to an emergency;
172174 (3) measures to ensure coordination with the
173175 Department of State Health Services, local emergency management
174176 agencies, law enforcement, health departments, and fire
175177 departments in the event of an emergency; and
176178 (4) the implementation of a safety and security audit
177179 as required by Subsection (c).
178180 SECTION 8. Subchapter C, Chapter 96, Education Code, is
179181 amended by adding Section 96.42 to read as follows:
180182 Sec. 96.42. ADVANCED LAW ENFORCEMENT RAPID RESPONSE
181183 TRAINING CENTER; CERTAIN DUTIES. (a) In this section:
182184 (1) "Center" means the Advanced Law Enforcement Rapid
183185 Response Training Center at Texas State University--San Marcos.
184186 (2) "Emergency medical services personnel" and
185187 "emergency medical services provider" have the meanings assigned by
186188 Section 773.003, Health and Safety Code.
187189 (3) "Local law enforcement agency" means a political
188190 subdivision of this state authorized by law to employ or appoint
189191 peace officers.
190192 (b) The center shall create a template for use by a local law
191193 enforcement agency or emergency medical services provider in
192194 evaluating and reporting on the agency's or provider's response to
193195 an active shooter incident at a primary or secondary school
194196 facility under Section 418.1873, Government Code. The center may
195197 collaborate with the Texas Division of Emergency Management, the
196198 Department of Public Safety, the Sheriffs' Association of Texas, or
197199 the Texas Police Chiefs Association to develop the template. The
198200 template must include:
199201 (1) prompts for reporting on the following items:
200202 (A) a brief description and outcome of the active
201203 shooter incident;
202204 (B) a statement of personnel and equipment
203205 deployed during the incident;
204206 (C) a cost analysis, including salaries,
205207 equipment, and incidentals;
206208 (D) a copy of appropriate incident logs and
207209 reports;
208210 (E) any maps, forms, or related documentation
209211 used in responding to or evaluating the agency's or provider's
210212 response to the incident;
211213 (F) a summary of any deaths or injuries that
212214 occurred as a result of the incident;
213215 (G) any information relating to the status of
214216 criminal investigations and subsequent prosecutions arising out of
215217 the incident; and
216218 (H) a final evaluation, including:
217219 (i) conclusions relating to the agency's or
218220 provider's response to the incident;
219221 (ii) problems encountered during the
220222 response regarding personnel, equipment, resources, or multiagency
221223 response;
222224 (iii) suggestions for revising policy, such
223225 as improving training and equipment; and
224226 (iv) any additional considerations that
225227 would improve the agency's or provider's response to active shooter
226228 incidents at primary or secondary school facilities in the future;
227229 and
228230 (2) any other content the center considers
229231 appropriate.
230232 (c) The center shall develop a training program for peace
231233 officers and emergency medical services personnel for responding to
232234 active shooter incidents at primary and secondary school facilities
233235 as required by Section 418.1877(b), Government Code. In developing
234236 the training program, the center:
235237 (1) shall incorporate, if available, the findings of
236238 at least one final report submitted under Section 418.1873,
237239 Government Code, regarding a local law enforcement agency's or
238240 emergency medical services provider's response to an active shooter
239241 incident at a primary or secondary school facility; and
240242 (2) may collaborate with the Texas Division of
241243 Emergency Management, the Texas Commission on Law Enforcement, the
242244 Department of Public Safety, or the Department of State Health
243245 Services.
244246 (d) In developing the training program under Subsection
245247 (c), if a report described by Subsection (c)(1) is not immediately
246248 available, the center shall update the training program as soon as a
247249 report described by that subdivision becomes available to
248250 incorporate the report's findings.
249251 SECTION 9. Subchapter L-1, Chapter 411, Government Code, is
250252 amended by adding Section 411.3735 to read as follows:
251253 Sec. 411.3735. CERTIFICATION AND CONTINUING EDUCATION
252254 REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) In this
253255 section:
254256 (1) "Division" means the Texas Division of Emergency
255257 Management.
256258 (2) "Public information officer" means an individual
257259 who is employed or appointed by a state agency or local government
258260 entity and whose duties include communicating with the public
259261 during a disaster regarding the disaster.
260262 (b) Each of the following entities shall employ or appoint a
261263 public information officer who must obtain certification in
262264 emergency communications from the division and complete continuing
263265 education on emergency communications as provided by Subchapter K,
264266 Chapter 418:
265267 (1) a municipal police department;
266268 (2) a sheriff's office;
267269 (3) a county constable's office;
268270 (4) a school district police department; and
269271 (5) the department.
270272 (c) The chief administrative officer of an agency may be
271273 appointed or employed as a public information officer.
272274 SECTION 10. Subchapter C, Chapter 418, Government Code, is
273275 amended by adding Section 418.059 to read as follows:
274276 Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO
275277 ACTIVE SHOOTER INCIDENT AT SCHOOL FACILITY. (a) The division, in
276278 coordination with the Emergency Management Council, shall develop a
277279 guide on preparing for and responding to an active shooter incident
278280 at a primary or secondary school facility for civic, volunteer, and
279281 community organizations.
280282 (b) The division shall post the guide on the division's
281283 Internet website for public use. The guide must provide a
282284 comprehensive approach to preparing for and responding to active
283285 shooter incidents at primary and secondary school facilities and
284286 include information on:
285287 (1) understanding mass violence incidents and best
286288 practices for community engagement related to those incidents;
287289 (2) incident command structure;
288290 (3) coordination of and access to resources, including
289291 trauma and support services, acute support services, long-term
290292 support services, spiritual support services, and family or victim
291293 assistance;
292294 (4) long-term recovery and community resilience;
293295 (5) communication coordination;
294296 (6) training and planning resources; and
295297 (7) preserving and restoring community cohesion and
296298 public life after the incident.
297299 (c) In developing and revising the guide, the division may,
298300 in collaboration with the department, seek the advice and
299301 assistance of local governments, civic organizations, volunteer
300302 organizations, and community leaders.
301303 SECTION 11. Subchapter H, Chapter 418, Government Code, is
302304 amended by adding Sections 418.1873 and 418.1877 to read as
303305 follows:
304306 Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE
305307 SHOOTER INCIDENT AT SCHOOL FACILITY REQUIRED FOR CERTAIN ENTITIES.
306308 (a) In this section:
307309 (1) "Emergency medical services" and "emergency
308310 medical services provider" have the meanings assigned by Section
309311 773.003, Health and Safety Code.
310312 (2) "Local law enforcement agency" means a political
311313 subdivision of this state authorized by law to employ or appoint
312314 peace officers.
313315 (b) Each local law enforcement agency and emergency medical
314316 services provider that responds to an active shooter incident at a
315317 primary or secondary school facility by providing law enforcement
316318 services or emergency medical services, or both, shall:
317319 (1) not later than the 45th day after the date of the
318320 incident, or as soon as practicable thereafter, initiate an
319321 evaluation of the agency's or provider's response to the incident
320322 and submit a preliminary report to the division, the department,
321323 and the Advanced Law Enforcement Rapid Response Training Center at
322324 Texas State University--San Marcos regarding, at minimum, the items
323325 required in the template created under Section 96.42, Education
324326 Code; and
325327 (2) not later than the 90th day after the date of the
326328 incident, or as soon as practicable thereafter, finalize the report
327329 described by Subdivision (1) and submit the report to the division,
328330 the department, and the Advanced Law Enforcement Rapid Response
329331 Training Center at Texas State University--San Marcos.
330332 (c) For purposes of implementing this section:
331333 (1) the Texas Commission on Law Enforcement shall
332334 adopt rules with respect to local law enforcement agencies; and
333335 (2) the division shall adopt rules with respect to
334336 emergency medical services and emergency medical services
335337 providers.
336338 (d) The division, in coordination with the Texas School
337339 Safety Center, shall by rule define "active shooter incident" as an
338340 incident involving an active shooter, as that term is defined by the
339341 Federal Bureau of Investigation.
340342 (e) A local law enforcement agency or emergency medical
341343 services provider that complies with this section regarding an
342344 active shooter incident at a primary or secondary school facility
343345 is not required to conduct any evaluation or issue any report that
344346 may be required under Section 418.188 regarding that incident.
345347 (f) Information obtained or created by the division or the
346348 department in carrying out their obligations under this section are
347349 confidential and are not subject to disclosure under Chapter 552.
348350 (g) Any meetings between a law enforcement agency or
349351 emergency medical services provider and the division or the
350352 department are not subject to the open meeting requirements of
351353 Chapter 551.
352354 Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER
353355 INCIDENTS AT SCHOOL FACILITIES REQUIRED. (a) In this section:
354356 (1) "Emergency medical services personnel" and
355357 "emergency medical services provider" have the meanings assigned by
356358 Section 773.003, Health and Safety Code.
357359 (2) "Local law enforcement agency" has the meaning
358360 assigned by Section 418.1873.
359361 (b) The Texas Commission on Law Enforcement by rule shall
360362 require the peace officers of each local law enforcement agency to
361363 complete a training program for responding to active shooter
362364 incidents at primary and secondary school facilities developed by
363365 the Advanced Law Enforcement Rapid Response Training Center at
364366 Texas State University--San Marcos as required by Section 96.42,
365367 Education Code.
366368 (c) The division by rule shall require the emergency medical
367369 services personnel of each emergency medical services provider to
368370 complete a training program for responding to active shooter
369371 incidents at primary and secondary school facilities developed by
370372 the division. The training program must involve reviewing at least
371373 one final evaluation and report required by Section 418.1873.
372374 (d) The division, the Texas Commission on Law Enforcement,
373375 and the Department of State Health Services may adopt rules to
374376 enforce this section.
375377 SECTION 12. Chapter 418, Government Code, is amended by
376378 adding Subchapter K to read as follows:
377379 SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR
378380 CERTAIN PUBLIC INFORMATION OFFICERS
379381 Sec. 418.331. DEFINITION. In this subchapter, "public
380382 information officer" means an individual who is employed or
381383 appointed by a state agency, local government entity, or
382384 open-enrollment charter school and whose duties include
383385 communicating with the public during a disaster regarding the
384386 disaster.
385387 Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION
386388 REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) Each of the
387389 following entities shall employ or appoint a public information
388390 officer who must obtain certification in emergency communications
389391 from the division and complete continuing education on emergency
390392 communications as provided by this subchapter:
391393 (1) a municipality;
392394 (2) a county;
393395 (3) an independent school district;
394396 (4) an open-enrollment charter school; and
395397 (5) the division.
396398 (b) The chief administrator of an agency may be appointed or
397399 employed as a public information officer.
398400 Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a)
399401 A public information officer described by Sections 411.3735 and
400402 418.332 shall:
401403 (1) obtain certification from the division in
402404 emergency communications not later than the first anniversary of
403405 the date the public information officer was hired or appointed; and
404406 (2) complete a continuing education program on
405407 emergency communications approved by the division once during each
406408 12-month period beginning on the date the public information
407409 officer obtained certification.
408410 (b) The division shall establish minimum education and
409411 training requirements for initial certification and continuing
410412 education under this subchapter. The minimum requirements must
411413 comply with the policies and standards developed by the Texas
412414 Commission on Law Enforcement under Section 1701.163, Occupations
413415 Code. These minimum requirements must include courses on:
414416 (1) the National Incident Management System;
415417 (2) the Incident Command System; and
416418 (3) the basic skills and principles necessary to
417419 fulfill the role of a public information officer with respect to
418420 emergency communications.
419421 (c) The division shall assist the entities subject to
420422 Sections 411.3735 and 418.332 in identifying approved training
421423 programs.
422424 (d) The following courses may be taken to satisfy minimum
423425 education and training requirements under this subchapter:
424426 (1) a course provided by the Bill Blackwood Law
425427 Enforcement Management Institute of Texas; or
426428 (2) a course approved by the Texas Commission on Law
427429 Enforcement.
428430 Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each
429431 entity subject to Section 418.332 shall:
430432 (1) maintain records that demonstrate the compliance
431433 of each public information officer employed or appointed by that
432434 entity with the certification and continuing education
433435 requirements of this subchapter; and
434436 (2) submit to the division the compliance records
435437 required to be maintained under Subdivision (1).
436438 (b) The division shall permit inspection and copying by the
437439 department of the compliance records the division maintains under
438440 Subsection (a)(1) during reasonable hours and in a reasonable
439441 manner.
440442 Sec. 418.335. RULES. The division may adopt rules to
441443 administer this subchapter.
442444 SECTION 13. Subchapter A, Chapter 772, Government Code, is
443445 amended by adding Sections 772.00791, 772.013, and 772.014 to read
444446 as follows:
445447 Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT
446448 PROGRAM. (a) In this section, "criminal justice division" means
447449 the criminal justice division established under Section 772.006.
448450 (b) The criminal justice division shall establish and
449451 administer a grant program to provide financial assistance to a law
450452 enforcement agency in this state for purposes of becoming
451453 accredited or maintaining accreditation:
452454 (1) through the Texas Police Chiefs Association Law
453455 Enforcement Agency Best Practices Accreditation Program;
454456 (2) by the Commission on Accreditation for Law
455457 Enforcement Agencies, Inc.;
456458 (3) by the International Association of Campus Law
457459 Enforcement Administrators;
458460 (4) by an accreditation program developed by the
459461 Sheriffs' Association of Texas; or
460462 (5) by an association or organization designated by
461463 the Texas Commission on Law Enforcement as provided by Subsection
462464 (i).
463465 (c) Except as provided by Subsection (e), the amount of a
464466 grant awarded to a law enforcement agency under this section is as
465467 follows:
466468 (1) $25,000 for each qualifying accreditation:
467469 (A) held by the agency on the date on which the
468470 program under this section was established; or
469471 (B) received by the agency after the date
470472 described by Paragraph (A); and
471473 (2) $12,500 for each qualifying reaccreditation
472474 received by the agency after the date described by Subdivision
473475 (1)(A).
474476 (d) A law enforcement agency may not be awarded a grant
475477 described by Subsection (c)(1) with respect to an accreditation for
476478 which the agency has previously been awarded a grant under that
477479 subdivision.
478480 (e) If a law enforcement agency was awarded a grant
479481 described by Subsection (c)(1) and the accreditation expires
480482 without the agency receiving reaccreditation, the agency may be
481483 awarded a grant under this section in the amount provided by
482484 Subsection (c)(2) for becoming accredited by the accrediting entity
483485 for which the grant under Subsection (c)(1) was awarded.
484486 (f) The criminal justice division shall establish:
485487 (1) eligibility criteria for grant applicants;
486488 (2) grant application procedures;
487489 (3) guidelines relating to grant amounts;
488490 (4) procedures for evaluating grant applications; and
489491 (5) procedures for monitoring the use of a grant
490492 awarded under the program and ensuring compliance with any
491493 conditions of a grant.
492494 (g) Not later than December 1 of each year, the criminal
493495 justice division shall submit to the Legislative Budget Board a
494496 report that provides the following information for the preceding
495497 state fiscal year:
496498 (1) the name of each law enforcement agency that
497499 applied for a grant under this section; and
498500 (2) the amount of money distributed to each law
499501 enforcement agency awarded a grant under this section.
500502 (h) The criminal justice division may use any revenue
501503 available for purposes of this section.
502504 (i) The criminal justice division, with the assistance of
503505 the Texas Commission on Law Enforcement, shall periodically review
504506 associations and organizations that establish standards of
505507 practice for law enforcement agencies and that offer accreditation
506508 to agencies that meet those standards. On a determination by the
507509 criminal justice division that accreditation of law enforcement
508510 agencies in this state by an association or organization would
509511 benefit public safety, the commission may designate the association
510512 or organization as an accrediting entity for purposes of Subsection
511513 (b)(5).
512514 Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION
513515 PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL
514516 SUBDIVISIONS. (a) In this section:
515517 (1) "Department" means the Department of Public
516518 Safety.
517519 (2) "First responder" means:
518520 (A) a peace officer described by Article 2A.001,
519521 Code of Criminal Procedure;
520522 (B) an individual included as fire protection
521523 personnel by Section 419.021; and
522524 (C) an individual included as emergency medical
523525 services personnel by Section 773.003, Health and Safety Code.
524526 (b) To prepare for complex responses to and investigations
525527 of emergencies that require mutual aid and support from more than
526528 one governmental entity, the department shall consult with the
527529 sheriff of each county in which a primary or secondary school
528530 facility is located to determine which governmental entities that
529531 employ a first responder are reasonably likely, in the sheriff's
530532 opinion, to respond to an active shooter incident at one of those
531533 facilities.
532534 (c) The department, each sheriff described by Subsection
533535 (b), and each governmental entity identified by the sheriff under
534536 that subsection shall collectively participate in:
535537 (1) a multiagency tabletop exercise at least once each
536538 odd-numbered year; and
537539 (2) an in-person drill at least once each
538540 even-numbered year.
539541 (d) The department shall invite any appropriate federal
540542 agency to participate in an exercise described by Subsection (c).
541543 Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF
542544 PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this
543545 section, "department" means the Department of Public Safety.
544546 (b) The department and each governmental entity identified
545547 by a sheriff under Section 772.013(b) shall collectively enter into
546548 a mutual aid agreement that establishes the procedures for the
547549 provision of resources, personnel, facilities, equipment, and
548550 supplies in responses to critical incidents in a vertically
549551 integrated fashion.
550552 (c) In establishing the procedures, the department and
551553 local law enforcement agencies shall:
552554 (1) give priority to establishing the
553555 interoperability of communications equipment among the parties to
554556 the agreement;
555557 (2) establish procedures for interagency coordination
556558 in activities arising from critical incidents, including evidence
557559 collection;
558560 (3) set jurisdictional boundaries; and
559561 (4) determine the capabilities, processes, and
560562 expectations among the parties to the agreement.
561563 (d) The department shall invite any appropriate federal
562564 agency to enter into the agreement described by Subsection (b).
563565 SECTION 14. Section 85.024, Local Government Code, is
564566 amended by amending Subsections (a) and (c) and adding Subsection
565567 (c-1) to read as follows:
566568 (a) The sheriff of a county [with a total population of less
567569 than 350,000] in which a public school is located shall call and
568570 conduct an annual meeting [semiannual meetings] to discuss:
569571 (1) school safety;
570572 (2) coordinated law enforcement response to school
571573 violence incidents;
572574 (3) law enforcement agency capabilities;
573575 (4) available resources;
574576 (5) emergency radio interoperability;
575577 (6) chain of command planning; [and]
576578 (7) each public school's multihazard emergency
577579 operations plan, including a discussion and analysis of how the
578580 school's multihazard emergency operations plan would be
579581 implemented in an emergency situation; and
580582 (8) other related subjects proposed by a person in
581583 attendance at the meeting.
582584 (c) In a county with a population of less than 350,000, the
583585 [The] following persons shall attend a meeting called under
584586 Subsection (a):
585587 (1) the sheriff or the sheriff's designee;
586588 (2) the police chief of a municipal police department
587589 in the county or the police chief's designee;
588590 (3) each elected constable in the county or the
589591 constable's designees;
590592 (4) each police chief of a school district's police
591593 department or school district security coordinator from each school
592594 district located in the county;
593595 (5) a representative of the Department of Public
594596 Safety assigned to the county;
595597 (6) a representative of each other state agency with
596598 commissioned peace officers assigned to the county;
597599 (7) a person appointed to a command staff position at
598600 an emergency medical service in the county;
599601 (8) a person appointed to a command staff position at a
600602 municipal emergency medical service in the county;
601603 (9) a person appointed to a command staff position at a
602604 fire department in the county;
603605 (10) the superintendent or the superintendent's
604606 designee of each school district located in the county;
605607 (11) the person who serves the function of
606608 superintendent, or that person's designee, in each open-enrollment
607609 charter school located in the county; [and]
608610 (12) a representative of the Texas Division of
609611 Emergency Management; and
610612 (13) any other person the sheriff considers
611613 appropriate.
612614 (c-1) In a county with a population of 350,000 or more, the
613615 following persons shall attend a meeting called under Subsection
614616 (a):
615617 (1) for each school district located in the county,
616618 either:
617619 (A) the police chief of the district's police
618620 department, or the chief's designee; or
619621 (B) if the district contracts with another
620622 political subdivision for law enforcement services, the chief
621623 administrative officer of the law enforcement agency providing law
622624 enforcement services to the district, or the officer's designee;
623625 (2) the superintendent of each school district located
624626 in the county; and
625627 (3) any other person the sheriff considers
626628 appropriate.
627629 SECTION 15. Chapter 391, Local Government Code, is amended
628630 by adding Section 391.0041 to read as follows:
629631 Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST
630632 RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section:
631633 (1) "Council of governments" means a regional planning
632634 commission for a state planning region created under this chapter.
633635 (2) "Critical incident" means an incident involving a
634636 first responder that occurs while the first responder is performing
635637 official duties and that results in serious bodily injury to the
636638 first responder or poses a substantial risk of serious bodily
637639 injury or death to the first responder or of serious harm to the
638640 first responder's mental health or well-being.
639641 (3) "First responder" means:
640642 (A) a peace officer described by Article 2A.001,
641643 Code of Criminal Procedure;
642644 (B) an individual included as fire protection
643645 personnel by Section 419.021, Government Code; and
644646 (C) an individual included as emergency medical
645647 services personnel by Section 773.003, Health and Safety Code.
646648 (b) The Texas Division of Emergency Management, in
647649 coordination with the Health and Human Services Commission and the
648650 Department of State Health Services, shall:
649651 (1) develop a mental health resources plan to address
650652 the mental health needs of first responders following a critical
651653 incident; and
652654 (2) provide the plan to each local emergency
653655 management director in the state.
654656 (c) A plan developed under Subsection (b):
655657 (1) must identify and provide for:
656658 (A) education and training to a first responder
657659 prior to a critical incident on topics including:
658660 (i) the potential psychological impact that
659661 being involved in an incident may have on the first responder; and
660662 (ii) resources available to the first
661663 responder to address the psychological impact of an incident,
662664 including mental health counseling, peer support programs, and
663665 stress management practices; or
664666 (B) a list of recommended providers located
665667 within the territory of the council of governments who can provide
666668 the education and training described by Paragraph (A);
667669 (2) may recommend that an employer of a first
668670 responder:
669671 (A) create a process to conduct a critical
670672 incident stress debriefing following an incident; and
671673 (B) create a peer support program to support the
672674 first responder following an incident; and
673675 (3) may include any other recommendation the council
674676 of governments considers appropriate to address the mental health
675677 needs of a first responder following a critical incident.
676678 (d) Each political subdivision that receives a plan under
677679 this section shall:
678680 (1) implement the plan; and
679681 (2) share the plan with each council of governments
680682 that has jurisdiction over the political subdivision to ensure
681683 regional plan integration and awareness.
682684 SECTION 16. Section 1701.163, Occupations Code, is amended
683685 to read as follows:
684686 Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
685687 AGENCIES. (a) The commission, with input from an advisory
686688 committee, shall by rule establish minimum standards with respect
687689 to the creation or continued operation of a law enforcement agency
688690 based on the function, size, and jurisdiction of the agency,
689691 including:
690692 (1) a determination regarding the public benefit of
691693 creating the agency in the community;
692694 (2) the sustainable funding sources for the agency;
693695 (3) the physical resources available to officers,
694696 including:
695697 (A) all standard duty firearms;
696698 (B) less lethal force weapons, including a
697699 requirement of at least one per officer on duty;
698700 (C) effective communications equipment;
699701 (D) protective equipment, including a
700702 requirement of:
701703 (i) at least one bullet-resistant vest per
702704 officer on duty; and
703705 (ii) access to at least one breaching tool
704706 and one ballistic shield;
705707 (E) officer uniforms; and
706708 (F) patrol vehicles and associated equipment;
707709 (4) the physical facilities of the agency, including
708710 any evidence room, dispatch area, or public area;
709711 (5) the policies of the agency, including policies on:
710712 (A) use of force;
711713 (B) vehicle pursuit;
712714 (C) professional conduct of officers;
713715 (D) domestic abuse protocols;
714716 (E) response to missing persons;
715717 (F) supervision of part-time officers;
716718 (G) impartial policing;
717719 (H) active shooters, including a detailed
718720 written policy based on current best practices for responding to an
719721 active shooter incident at a primary or secondary school facility
720722 and a recommendation for the frequency at which simulated emergency
721723 drills should be conducted; and
722724 (I) barricaded subjects;
723725 (6) the administrative structure of the agency;
724726 (7) liability insurance; and
725727 (8) any other standard the commission considers
726728 necessary.
727729 (b) A law enforcement agency may enter into a mutual aid
728730 agreement with a law enforcement agency with overlapping or
729731 adjacent jurisdiction to share protective equipment during a
730732 critical incident, as defined by Section 391.0041, Local Government
731733 Code, to meet the requirements under Subsection (a)(3)(D).
732734 SECTION 17. Section 1701.253, Occupations Code, is amended
733735 by adding Subsection (u) to read as follows:
734736 (u) As part of the minimum curriculum requirements, the
735737 commission shall require an officer to complete the training
736738 courses described by Section 1701.273.
737739 SECTION 18. Subchapter F, Chapter 1701, Occupations Code,
738740 is amended by adding Section 1701.273 to read as follows:
739741 Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND.
740742 (a) The commission shall require a peace officer to complete the
741743 following emergency response management training courses, or a
742744 substantially similar successor course as determined by the
743745 commission, in collaboration with the Texas Division of Emergency
744746 Management:
745747 (1) Introduction to the Incident Command System; and
746748 (2) National Incident Management System, An
747749 Introduction.
748750 (b) The commission shall require an officer to complete the
749751 training courses described by Subsection (a) unless the officer has
750752 completed the training under Section 1701.253(u).
751753 SECTION 19. Subchapter H, Chapter 1701, Occupations Code,
752754 is amended by adding Section 1701.3526 to read as follows:
753755 Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE
754756 AND COMMAND. (a) The commission shall require a peace officer whose
755757 duties involve the supervision of officers in an incident response
756758 to complete, as part of the continuing education programs under
757759 Section 1701.351(a), an advanced incident response and command
758760 course, in collaboration with the Texas Division of Emergency
759761 Management, as determined by commission rule.
760762 (b) The exemption under Section 1701.351(d) does not apply
761763 to the training required by Subsection (a).
762764 SECTION 20. Section 85.024(b), Local Government Code, is
763765 repealed.
764766 SECTION 21. Not later than December 1, 2025, the Advanced
765767 Law Enforcement Rapid Response Training Center at Texas State
766768 University--San Marcos shall develop the template and training
767769 program required by Section 96.42, Education Code, as added by this
768770 Act.
769771 SECTION 22. Not later than December 1, 2025, the Texas
770772 Division of Emergency Management shall develop and post the guide
771773 required by Section 418.059, Government Code, as added by this Act.
772774 SECTION 23. Not later than December 1, 2025, the Texas
773775 Division of Emergency Management shall develop the training program
774776 required by Section 418.1877(c), Government Code, as added by this
775777 Act.
776778 SECTION 24. A public information officer described by
777779 Section 411.3735 or 418.332, Government Code, as added by this Act,
778780 who was employed or appointed before the effective date of this Act
779781 shall obtain the certification required by Section 418.333,
780782 Government Code, as added by this Act, not later than September 1,
781783 2026.
782784 SECTION 25. Not later than January 1, 2026, the Department
783785 of Public Safety and local law enforcement agencies shall enter
784786 into mutual aid agreements as required by Section 772.014,
785787 Government Code, as added by this Act.
786788 SECTION 26. As soon as practicable after the effective date
787789 of this Act, each council of governments, as defined by Section
788790 391.0041, Local Government Code, as added by this Act, shall
789791 develop a mental health resources plan required to be created under
790792 that section.
791793 SECTION 27. As soon as practicable after the effective date
792794 of this Act, the Texas Commission on Law Enforcement shall adopt
793795 rules to implement the changes in law made by this Act to
794796 Subchapters D, F, and H, Chapter 1701, Occupations Code.
795797 SECTION 28. The minimum curriculum requirements under
796798 Section 1701.253(u), Occupations Code, as added by this Act, apply
797799 only to an officer who first begins to satisfy those requirements on
798800 or after January 1, 2026.
799801 SECTION 29. Section 1701.3526, Occupations Code, as added
800802 by this Act, applies only with respect to a 24-month continuing
801803 education training unit that begins on or after the effective date
802804 of this Act. A training unit that begins before the effective date
803805 of this Act is governed by the law in effect on the date the training
804806 unit began, and the former law is continued in effect for that
805807 purpose.
806808 SECTION 30. This Act takes effect September 1, 2025.