4 | 6 | | |
---|
5 | 7 | | |
---|
6 | 8 | | |
---|
7 | 9 | | |
---|
8 | 10 | | A BILL TO BE ENTITLED |
---|
9 | 11 | | AN ACT |
---|
10 | 12 | | relating to active shooter incidents at primary and secondary |
---|
11 | 13 | | school facilities and other emergencies, including certain |
---|
12 | 14 | | accreditations of law enforcement agencies that respond to such |
---|
13 | 15 | | emergencies. |
---|
14 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
15 | 17 | | SECTION 1. This Act may be cited as the Uvalde Strong Act. |
---|
16 | 18 | | SECTION 2. Section 12.104(b), Education Code, is amended to |
---|
17 | 19 | | read as follows: |
---|
18 | 20 | | (b) An open-enrollment charter school is subject to: |
---|
19 | 21 | | (1) a provision of this title establishing a criminal |
---|
20 | 22 | | offense; |
---|
21 | 23 | | (2) the provisions in Chapter 554, Government Code; |
---|
22 | 24 | | and |
---|
23 | 25 | | (3) a prohibition, restriction, or requirement, as |
---|
24 | 26 | | applicable, imposed by this title or a rule adopted under this |
---|
25 | 27 | | title, relating to: |
---|
26 | 28 | | (A) the Public Education Information Management |
---|
27 | 29 | | System (PEIMS) to the extent necessary to monitor compliance with |
---|
28 | 30 | | this subchapter as determined by the commissioner; |
---|
29 | 31 | | (B) criminal history records under Subchapter C, |
---|
30 | 32 | | Chapter 22; |
---|
31 | 33 | | (C) reading instruments and accelerated reading |
---|
32 | 34 | | instruction programs under Section 28.006; |
---|
33 | 35 | | (D) accelerated instruction under Section |
---|
34 | 36 | | 28.0211; |
---|
35 | 37 | | (E) high school graduation requirements under |
---|
36 | 38 | | Section 28.025; |
---|
37 | 39 | | (F) special education programs under Subchapter |
---|
38 | 40 | | A, Chapter 29; |
---|
39 | 41 | | (G) bilingual education under Subchapter B, |
---|
40 | 42 | | Chapter 29; |
---|
41 | 43 | | (H) prekindergarten programs under Subchapter E |
---|
42 | 44 | | or E-1, Chapter 29, except class size limits for prekindergarten |
---|
43 | 45 | | classes imposed under Section 25.112, which do not apply; |
---|
44 | 46 | | (I) extracurricular activities under Section |
---|
45 | 47 | | 33.081; |
---|
46 | 48 | | (J) discipline management practices or behavior |
---|
47 | 49 | | management techniques under Section 37.0021; |
---|
48 | 50 | | (K) health and safety under Chapter 38; |
---|
49 | 51 | | (L) the provisions of Subchapter A, Chapter 39; |
---|
50 | 52 | | (M) public school accountability and special |
---|
51 | 53 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
---|
52 | 54 | | 39, and Chapter 39A; |
---|
53 | 55 | | (N) the requirement under Section 21.006 to |
---|
54 | 56 | | report an educator's misconduct; |
---|
55 | 57 | | (O) intensive programs of instruction under |
---|
56 | 58 | | Section 28.0213; |
---|
57 | 59 | | (P) the right of a school employee to report a |
---|
58 | 60 | | crime, as provided by Section 37.148; |
---|
59 | 61 | | (Q) bullying prevention policies and procedures |
---|
60 | 62 | | under Section 37.0832; |
---|
61 | 63 | | (R) the right of a school under Section 37.0052 |
---|
62 | 64 | | to place a student who has engaged in certain bullying behavior in a |
---|
63 | 65 | | disciplinary alternative education program or to expel the student; |
---|
64 | 66 | | (S) the right under Section 37.0151 to report to |
---|
65 | 67 | | local law enforcement certain conduct constituting assault or |
---|
66 | 68 | | harassment; |
---|
67 | 69 | | (T) a parent's right to information regarding the |
---|
68 | 70 | | provision of assistance for learning difficulties to the parent's |
---|
69 | 71 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
---|
70 | 72 | | (U) establishment of residency under Section |
---|
71 | 73 | | 25.001; |
---|
72 | 74 | | (V) school safety requirements under Sections |
---|
73 | 75 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
---|
74 | 76 | | 37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, |
---|
75 | 77 | | and 37.2071 and Subchapter J, Chapter 37; |
---|
76 | 78 | | (W) the early childhood literacy and mathematics |
---|
77 | 79 | | proficiency plans under Section 11.185; |
---|
78 | 80 | | (X) the college, career, and military readiness |
---|
79 | 81 | | plans under Section 11.186; and |
---|
80 | 82 | | (Y) parental options to retain a student under |
---|
81 | 83 | | Section 28.02124. |
---|
82 | 84 | | SECTION 3. Sections 37.108(a) and (b), Education Code, are |
---|
83 | 85 | | amended to read as follows: |
---|
84 | 86 | | (a) Each school district or public junior college district |
---|
85 | 87 | | shall adopt and implement a multihazard emergency operations plan |
---|
86 | 88 | | for use in the district's facilities. The plan must address |
---|
87 | 89 | | prevention, mitigation, preparedness, response, and recovery, |
---|
88 | 90 | | including the prompt recovery of services provided by the school |
---|
89 | 91 | | district or public junior college district, as defined by the Texas |
---|
90 | 92 | | School Safety Center in conjunction with the governor's office of |
---|
91 | 93 | | homeland security, the commissioner of education, and the |
---|
92 | 94 | | commissioner of higher education. The plan must provide for: |
---|
93 | 95 | | (1) training in responding to an emergency for |
---|
94 | 96 | | district employees, including substitute teachers; |
---|
95 | 97 | | (2) measures to ensure district employees, including |
---|
96 | 98 | | substitute teachers, have classroom access to a telephone, |
---|
97 | 99 | | including a cellular telephone, or another electronic |
---|
98 | 100 | | communication device allowing for immediate contact with district |
---|
99 | 101 | | emergency services or emergency services agencies, law enforcement |
---|
100 | 102 | | agencies, health departments, and fire departments; |
---|
101 | 103 | | (3) measures to ensure district communications |
---|
102 | 104 | | technology and infrastructure are adequate to allow for |
---|
103 | 105 | | communication during an emergency, including measures to ensure the |
---|
104 | 106 | | use of standardized response protocol terminology, developed in |
---|
105 | 107 | | coordination with the Texas School Safety Center, to facilitate |
---|
106 | 108 | | communication between law enforcement, emergency services, |
---|
107 | 109 | | district employees, and the public; |
---|
108 | 110 | | (4) if the plan applies to a school district, |
---|
109 | 111 | | mandatory school drills and exercises, including drills required |
---|
110 | 112 | | under Section 37.114, to prepare district students and employees |
---|
111 | 113 | | for responding to an emergency; |
---|
112 | 114 | | (5) measures to ensure coordination with the |
---|
113 | 115 | | Department of State Health Services and local emergency management |
---|
114 | 116 | | agencies, law enforcement, health departments, and fire |
---|
115 | 117 | | departments in the event of an emergency; |
---|
116 | 118 | | (6) the implementation of a safety and security audit |
---|
117 | 119 | | as required by Subsection (b); and |
---|
118 | 120 | | (7) any other requirements established by the Texas |
---|
119 | 121 | | School Safety Center in consultation with the agency and relevant |
---|
120 | 122 | | local law enforcement agencies. |
---|
121 | 123 | | (b) At least once every three years, each school district or |
---|
122 | 124 | | public junior college district shall conduct a safety and security |
---|
123 | 125 | | audit of the district's facilities that includes a security review |
---|
124 | 126 | | as described by Section 37.1087 for each district facility. A |
---|
125 | 127 | | district, or a person included in the registry established by the |
---|
126 | 128 | | Texas School Safety Center under Section 37.2091 who is engaged by |
---|
127 | 129 | | the district to conduct a safety and security audit, shall follow |
---|
128 | 130 | | safety and security audit procedures developed by the Texas School |
---|
129 | 131 | | Safety Center in coordination with the commissioner of education or |
---|
130 | 132 | | commissioner of higher education, as applicable. |
---|
131 | 133 | | SECTION 4. Section 37.1083(a), Education Code, is amended |
---|
132 | 134 | | to read as follows: |
---|
133 | 135 | | (a) The agency shall monitor the implementation and |
---|
134 | 136 | | operation of requirements related to school district safety and |
---|
135 | 137 | | security, including school district: |
---|
136 | 138 | | (1) multihazard emergency operations plans; [and] |
---|
137 | 139 | | (2) safety and security audits; and |
---|
138 | 140 | | (3) security reviews. |
---|
139 | 141 | | SECTION 5. Subchapter D, Chapter 37, Education Code, is |
---|
140 | 142 | | amended by adding Section 37.1087 to read as follows: |
---|
141 | 143 | | Sec. 37.1087. SECURITY REVIEW. (a) If a school district |
---|
142 | 144 | | constructs, acquires, renovates, or improves a district facility, |
---|
143 | 145 | | the district shall, as soon as practicable, conduct a security |
---|
144 | 146 | | review of the facility to: |
---|
145 | 147 | | (1) determine whether the facility meets school safety |
---|
146 | 148 | | and security requirements as described by commissioner rule; and |
---|
147 | 149 | | (2) identify security vulnerabilities at the facility |
---|
148 | 150 | | in the event of an active shooter incident and describe strategies |
---|
149 | 151 | | to mitigate each vulnerability identified. |
---|
150 | 152 | | (b) The commissioner, in consultation with the Department |
---|
151 | 153 | | of Public Safety, the Texas Division of Emergency Management, and |
---|
152 | 154 | | the Texas School Safety Center, shall ensure that the rules adopted |
---|
153 | 155 | | or amended under Section 7.061 include rules for the review |
---|
154 | 156 | | required under this section. |
---|
155 | 157 | | SECTION 6. Subchapter D, Chapter 37, Education Code, is |
---|
156 | 158 | | amended by adding Section 37.1171 to read as follows: |
---|
157 | 159 | | Sec. 37.1171. AVAILABILITY OF BREACHING TOOL AND BALLISTIC |
---|
158 | 160 | | SHIELD. Each school district and open-enrollment charter school |
---|
159 | 161 | | must have at least one breaching tool and one ballistic shield |
---|
160 | 162 | | available for use at each campus in the event of an active shooter |
---|
161 | 163 | | incident. |
---|
162 | 164 | | SECTION 7. Section 51.217(b), Education Code, is amended to |
---|
163 | 165 | | read as follows: |
---|
164 | 166 | | (b) An institution shall adopt and implement a multihazard |
---|
165 | 167 | | emergency operations plan for use at the institution. The plan must |
---|
166 | 168 | | address mitigation, preparedness, response, and recovery, |
---|
167 | 169 | | including the prompt recovery of services provided by the |
---|
168 | 170 | | institution. The plan must provide for: |
---|
169 | 171 | | (1) employee training in responding to an emergency; |
---|
170 | 172 | | (2) mandatory drills to prepare students, faculty, and |
---|
171 | 173 | | employees for responding to an emergency; |
---|
172 | 174 | | (3) measures to ensure coordination with the |
---|
173 | 175 | | Department of State Health Services, local emergency management |
---|
174 | 176 | | agencies, law enforcement, health departments, and fire |
---|
175 | 177 | | departments in the event of an emergency; and |
---|
176 | 178 | | (4) the implementation of a safety and security audit |
---|
177 | 179 | | as required by Subsection (c). |
---|
178 | 180 | | SECTION 8. Subchapter C, Chapter 96, Education Code, is |
---|
179 | 181 | | amended by adding Section 96.42 to read as follows: |
---|
180 | 182 | | Sec. 96.42. ADVANCED LAW ENFORCEMENT RAPID RESPONSE |
---|
181 | 183 | | TRAINING CENTER; CERTAIN DUTIES. (a) In this section: |
---|
182 | 184 | | (1) "Center" means the Advanced Law Enforcement Rapid |
---|
183 | 185 | | Response Training Center at Texas State University--San Marcos. |
---|
184 | 186 | | (2) "Emergency medical services personnel" and |
---|
185 | 187 | | "emergency medical services provider" have the meanings assigned by |
---|
186 | 188 | | Section 773.003, Health and Safety Code. |
---|
187 | 189 | | (3) "Local law enforcement agency" means a political |
---|
188 | 190 | | subdivision of this state authorized by law to employ or appoint |
---|
189 | 191 | | peace officers. |
---|
190 | 192 | | (b) The center shall create a template for use by a local law |
---|
191 | 193 | | enforcement agency or emergency medical services provider in |
---|
192 | 194 | | evaluating and reporting on the agency's or provider's response to |
---|
193 | 195 | | an active shooter incident at a primary or secondary school |
---|
194 | 196 | | facility under Section 418.1873, Government Code. The center may |
---|
195 | 197 | | collaborate with the Texas Division of Emergency Management, the |
---|
196 | 198 | | Department of Public Safety, the Sheriffs' Association of Texas, or |
---|
197 | 199 | | the Texas Police Chiefs Association to develop the template. The |
---|
198 | 200 | | template must include: |
---|
199 | 201 | | (1) prompts for reporting on the following items: |
---|
200 | 202 | | (A) a brief description and outcome of the active |
---|
201 | 203 | | shooter incident; |
---|
202 | 204 | | (B) a statement of personnel and equipment |
---|
203 | 205 | | deployed during the incident; |
---|
204 | 206 | | (C) a cost analysis, including salaries, |
---|
205 | 207 | | equipment, and incidentals; |
---|
206 | 208 | | (D) a copy of appropriate incident logs and |
---|
207 | 209 | | reports; |
---|
208 | 210 | | (E) any maps, forms, or related documentation |
---|
209 | 211 | | used in responding to or evaluating the agency's or provider's |
---|
210 | 212 | | response to the incident; |
---|
211 | 213 | | (F) a summary of any deaths or injuries that |
---|
212 | 214 | | occurred as a result of the incident; |
---|
213 | 215 | | (G) any information relating to the status of |
---|
214 | 216 | | criminal investigations and subsequent prosecutions arising out of |
---|
215 | 217 | | the incident; and |
---|
216 | 218 | | (H) a final evaluation, including: |
---|
217 | 219 | | (i) conclusions relating to the agency's or |
---|
218 | 220 | | provider's response to the incident; |
---|
219 | 221 | | (ii) problems encountered during the |
---|
220 | 222 | | response regarding personnel, equipment, resources, or multiagency |
---|
221 | 223 | | response; |
---|
222 | 224 | | (iii) suggestions for revising policy, such |
---|
223 | 225 | | as improving training and equipment; and |
---|
224 | 226 | | (iv) any additional considerations that |
---|
225 | 227 | | would improve the agency's or provider's response to active shooter |
---|
226 | 228 | | incidents at primary or secondary school facilities in the future; |
---|
227 | 229 | | and |
---|
228 | 230 | | (2) any other content the center considers |
---|
229 | 231 | | appropriate. |
---|
230 | 232 | | (c) The center shall develop a training program for peace |
---|
231 | 233 | | officers and emergency medical services personnel for responding to |
---|
232 | 234 | | active shooter incidents at primary and secondary school facilities |
---|
233 | 235 | | as required by Section 418.1877(b), Government Code. In developing |
---|
234 | 236 | | the training program, the center: |
---|
235 | 237 | | (1) shall incorporate, if available, the findings of |
---|
236 | 238 | | at least one final report submitted under Section 418.1873, |
---|
237 | 239 | | Government Code, regarding a local law enforcement agency's or |
---|
238 | 240 | | emergency medical services provider's response to an active shooter |
---|
239 | 241 | | incident at a primary or secondary school facility; and |
---|
240 | 242 | | (2) may collaborate with the Texas Division of |
---|
241 | 243 | | Emergency Management, the Texas Commission on Law Enforcement, the |
---|
242 | 244 | | Department of Public Safety, or the Department of State Health |
---|
243 | 245 | | Services. |
---|
244 | 246 | | (d) In developing the training program under Subsection |
---|
245 | 247 | | (c), if a report described by Subsection (c)(1) is not immediately |
---|
246 | 248 | | available, the center shall update the training program as soon as a |
---|
247 | 249 | | report described by that subdivision becomes available to |
---|
248 | 250 | | incorporate the report's findings. |
---|
249 | 251 | | SECTION 9. Subchapter L-1, Chapter 411, Government Code, is |
---|
250 | 252 | | amended by adding Section 411.3735 to read as follows: |
---|
251 | 253 | | Sec. 411.3735. CERTIFICATION AND CONTINUING EDUCATION |
---|
252 | 254 | | REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) In this |
---|
253 | 255 | | section: |
---|
254 | 256 | | (1) "Division" means the Texas Division of Emergency |
---|
255 | 257 | | Management. |
---|
256 | 258 | | (2) "Public information officer" means an individual |
---|
257 | 259 | | who is employed or appointed by a state agency or local government |
---|
258 | 260 | | entity and whose duties include communicating with the public |
---|
259 | 261 | | during a disaster regarding the disaster. |
---|
260 | 262 | | (b) Each of the following entities shall employ or appoint a |
---|
261 | 263 | | public information officer who must obtain certification in |
---|
262 | 264 | | emergency communications from the division and complete continuing |
---|
263 | 265 | | education on emergency communications as provided by Subchapter K, |
---|
264 | 266 | | Chapter 418: |
---|
265 | 267 | | (1) a municipal police department; |
---|
266 | 268 | | (2) a sheriff's office; |
---|
267 | 269 | | (3) a county constable's office; |
---|
268 | 270 | | (4) a school district police department; and |
---|
269 | 271 | | (5) the department. |
---|
270 | 272 | | (c) The chief administrative officer of an agency may be |
---|
271 | 273 | | appointed or employed as a public information officer. |
---|
272 | 274 | | SECTION 10. Subchapter C, Chapter 418, Government Code, is |
---|
273 | 275 | | amended by adding Section 418.059 to read as follows: |
---|
274 | 276 | | Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO |
---|
275 | 277 | | ACTIVE SHOOTER INCIDENT AT SCHOOL FACILITY. (a) The division, in |
---|
276 | 278 | | coordination with the Emergency Management Council, shall develop a |
---|
277 | 279 | | guide on preparing for and responding to an active shooter incident |
---|
278 | 280 | | at a primary or secondary school facility for civic, volunteer, and |
---|
279 | 281 | | community organizations. |
---|
280 | 282 | | (b) The division shall post the guide on the division's |
---|
281 | 283 | | Internet website for public use. The guide must provide a |
---|
282 | 284 | | comprehensive approach to preparing for and responding to active |
---|
283 | 285 | | shooter incidents at primary and secondary school facilities and |
---|
284 | 286 | | include information on: |
---|
285 | 287 | | (1) understanding mass violence incidents and best |
---|
286 | 288 | | practices for community engagement related to those incidents; |
---|
287 | 289 | | (2) incident command structure; |
---|
288 | 290 | | (3) coordination of and access to resources, including |
---|
289 | 291 | | trauma and support services, acute support services, long-term |
---|
290 | 292 | | support services, spiritual support services, and family or victim |
---|
291 | 293 | | assistance; |
---|
292 | 294 | | (4) long-term recovery and community resilience; |
---|
293 | 295 | | (5) communication coordination; |
---|
294 | 296 | | (6) training and planning resources; and |
---|
295 | 297 | | (7) preserving and restoring community cohesion and |
---|
296 | 298 | | public life after the incident. |
---|
297 | 299 | | (c) In developing and revising the guide, the division may, |
---|
298 | 300 | | in collaboration with the department, seek the advice and |
---|
299 | 301 | | assistance of local governments, civic organizations, volunteer |
---|
300 | 302 | | organizations, and community leaders. |
---|
301 | 303 | | SECTION 11. Subchapter H, Chapter 418, Government Code, is |
---|
302 | 304 | | amended by adding Sections 418.1873 and 418.1877 to read as |
---|
303 | 305 | | follows: |
---|
304 | 306 | | Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE |
---|
305 | 307 | | SHOOTER INCIDENT AT SCHOOL FACILITY REQUIRED FOR CERTAIN ENTITIES. |
---|
306 | 308 | | (a) In this section: |
---|
307 | 309 | | (1) "Emergency medical services" and "emergency |
---|
308 | 310 | | medical services provider" have the meanings assigned by Section |
---|
309 | 311 | | 773.003, Health and Safety Code. |
---|
310 | 312 | | (2) "Local law enforcement agency" means a political |
---|
311 | 313 | | subdivision of this state authorized by law to employ or appoint |
---|
312 | 314 | | peace officers. |
---|
313 | 315 | | (b) Each local law enforcement agency and emergency medical |
---|
314 | 316 | | services provider that responds to an active shooter incident at a |
---|
315 | 317 | | primary or secondary school facility by providing law enforcement |
---|
316 | 318 | | services or emergency medical services, or both, shall: |
---|
317 | 319 | | (1) not later than the 45th day after the date of the |
---|
318 | 320 | | incident, or as soon as practicable thereafter, initiate an |
---|
319 | 321 | | evaluation of the agency's or provider's response to the incident |
---|
320 | 322 | | and submit a preliminary report to the division, the department, |
---|
321 | 323 | | and the Advanced Law Enforcement Rapid Response Training Center at |
---|
322 | 324 | | Texas State University--San Marcos regarding, at minimum, the items |
---|
323 | 325 | | required in the template created under Section 96.42, Education |
---|
324 | 326 | | Code; and |
---|
325 | 327 | | (2) not later than the 90th day after the date of the |
---|
326 | 328 | | incident, or as soon as practicable thereafter, finalize the report |
---|
327 | 329 | | described by Subdivision (1) and submit the report to the division, |
---|
328 | 330 | | the department, and the Advanced Law Enforcement Rapid Response |
---|
329 | 331 | | Training Center at Texas State University--San Marcos. |
---|
330 | 332 | | (c) For purposes of implementing this section: |
---|
331 | 333 | | (1) the Texas Commission on Law Enforcement shall |
---|
332 | 334 | | adopt rules with respect to local law enforcement agencies; and |
---|
333 | 335 | | (2) the division shall adopt rules with respect to |
---|
334 | 336 | | emergency medical services and emergency medical services |
---|
335 | 337 | | providers. |
---|
336 | 338 | | (d) The division, in coordination with the Texas School |
---|
337 | 339 | | Safety Center, shall by rule define "active shooter incident" as an |
---|
338 | 340 | | incident involving an active shooter, as that term is defined by the |
---|
339 | 341 | | Federal Bureau of Investigation. |
---|
340 | 342 | | (e) A local law enforcement agency or emergency medical |
---|
341 | 343 | | services provider that complies with this section regarding an |
---|
342 | 344 | | active shooter incident at a primary or secondary school facility |
---|
343 | 345 | | is not required to conduct any evaluation or issue any report that |
---|
344 | 346 | | may be required under Section 418.188 regarding that incident. |
---|
345 | 347 | | (f) Information obtained or created by the division or the |
---|
346 | 348 | | department in carrying out their obligations under this section are |
---|
347 | 349 | | confidential and are not subject to disclosure under Chapter 552. |
---|
348 | 350 | | (g) Any meetings between a law enforcement agency or |
---|
349 | 351 | | emergency medical services provider and the division or the |
---|
350 | 352 | | department are not subject to the open meeting requirements of |
---|
351 | 353 | | Chapter 551. |
---|
352 | 354 | | Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER |
---|
353 | 355 | | INCIDENTS AT SCHOOL FACILITIES REQUIRED. (a) In this section: |
---|
354 | 356 | | (1) "Emergency medical services personnel" and |
---|
355 | 357 | | "emergency medical services provider" have the meanings assigned by |
---|
356 | 358 | | Section 773.003, Health and Safety Code. |
---|
357 | 359 | | (2) "Local law enforcement agency" has the meaning |
---|
358 | 360 | | assigned by Section 418.1873. |
---|
359 | 361 | | (b) The Texas Commission on Law Enforcement by rule shall |
---|
360 | 362 | | require the peace officers of each local law enforcement agency to |
---|
361 | 363 | | complete a training program for responding to active shooter |
---|
362 | 364 | | incidents at primary and secondary school facilities developed by |
---|
363 | 365 | | the Advanced Law Enforcement Rapid Response Training Center at |
---|
364 | 366 | | Texas State University--San Marcos as required by Section 96.42, |
---|
365 | 367 | | Education Code. |
---|
366 | 368 | | (c) The division by rule shall require the emergency medical |
---|
367 | 369 | | services personnel of each emergency medical services provider to |
---|
368 | 370 | | complete a training program for responding to active shooter |
---|
369 | 371 | | incidents at primary and secondary school facilities developed by |
---|
370 | 372 | | the division. The training program must involve reviewing at least |
---|
371 | 373 | | one final evaluation and report required by Section 418.1873. |
---|
372 | 374 | | (d) The division, the Texas Commission on Law Enforcement, |
---|
373 | 375 | | and the Department of State Health Services may adopt rules to |
---|
374 | 376 | | enforce this section. |
---|
375 | 377 | | SECTION 12. Chapter 418, Government Code, is amended by |
---|
376 | 378 | | adding Subchapter K to read as follows: |
---|
377 | 379 | | SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR |
---|
378 | 380 | | CERTAIN PUBLIC INFORMATION OFFICERS |
---|
379 | 381 | | Sec. 418.331. DEFINITION. In this subchapter, "public |
---|
380 | 382 | | information officer" means an individual who is employed or |
---|
381 | 383 | | appointed by a state agency, local government entity, or |
---|
382 | 384 | | open-enrollment charter school and whose duties include |
---|
383 | 385 | | communicating with the public during a disaster regarding the |
---|
384 | 386 | | disaster. |
---|
385 | 387 | | Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION |
---|
386 | 388 | | REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) Each of the |
---|
387 | 389 | | following entities shall employ or appoint a public information |
---|
388 | 390 | | officer who must obtain certification in emergency communications |
---|
389 | 391 | | from the division and complete continuing education on emergency |
---|
390 | 392 | | communications as provided by this subchapter: |
---|
391 | 393 | | (1) a municipality; |
---|
392 | 394 | | (2) a county; |
---|
393 | 395 | | (3) an independent school district; |
---|
394 | 396 | | (4) an open-enrollment charter school; and |
---|
395 | 397 | | (5) the division. |
---|
396 | 398 | | (b) The chief administrator of an agency may be appointed or |
---|
397 | 399 | | employed as a public information officer. |
---|
398 | 400 | | Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a) |
---|
399 | 401 | | A public information officer described by Sections 411.3735 and |
---|
400 | 402 | | 418.332 shall: |
---|
401 | 403 | | (1) obtain certification from the division in |
---|
402 | 404 | | emergency communications not later than the first anniversary of |
---|
403 | 405 | | the date the public information officer was hired or appointed; and |
---|
404 | 406 | | (2) complete a continuing education program on |
---|
405 | 407 | | emergency communications approved by the division once during each |
---|
406 | 408 | | 12-month period beginning on the date the public information |
---|
407 | 409 | | officer obtained certification. |
---|
408 | 410 | | (b) The division shall establish minimum education and |
---|
409 | 411 | | training requirements for initial certification and continuing |
---|
410 | 412 | | education under this subchapter. The minimum requirements must |
---|
411 | 413 | | comply with the policies and standards developed by the Texas |
---|
412 | 414 | | Commission on Law Enforcement under Section 1701.163, Occupations |
---|
413 | 415 | | Code. These minimum requirements must include courses on: |
---|
414 | 416 | | (1) the National Incident Management System; |
---|
415 | 417 | | (2) the Incident Command System; and |
---|
416 | 418 | | (3) the basic skills and principles necessary to |
---|
417 | 419 | | fulfill the role of a public information officer with respect to |
---|
418 | 420 | | emergency communications. |
---|
419 | 421 | | (c) The division shall assist the entities subject to |
---|
420 | 422 | | Sections 411.3735 and 418.332 in identifying approved training |
---|
421 | 423 | | programs. |
---|
422 | 424 | | (d) The following courses may be taken to satisfy minimum |
---|
423 | 425 | | education and training requirements under this subchapter: |
---|
424 | 426 | | (1) a course provided by the Bill Blackwood Law |
---|
425 | 427 | | Enforcement Management Institute of Texas; or |
---|
426 | 428 | | (2) a course approved by the Texas Commission on Law |
---|
427 | 429 | | Enforcement. |
---|
428 | 430 | | Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each |
---|
429 | 431 | | entity subject to Section 418.332 shall: |
---|
430 | 432 | | (1) maintain records that demonstrate the compliance |
---|
431 | 433 | | of each public information officer employed or appointed by that |
---|
432 | 434 | | entity with the certification and continuing education |
---|
433 | 435 | | requirements of this subchapter; and |
---|
434 | 436 | | (2) submit to the division the compliance records |
---|
435 | 437 | | required to be maintained under Subdivision (1). |
---|
436 | 438 | | (b) The division shall permit inspection and copying by the |
---|
437 | 439 | | department of the compliance records the division maintains under |
---|
438 | 440 | | Subsection (a)(1) during reasonable hours and in a reasonable |
---|
439 | 441 | | manner. |
---|
440 | 442 | | Sec. 418.335. RULES. The division may adopt rules to |
---|
441 | 443 | | administer this subchapter. |
---|
442 | 444 | | SECTION 13. Subchapter A, Chapter 772, Government Code, is |
---|
443 | 445 | | amended by adding Sections 772.00791, 772.013, and 772.014 to read |
---|
444 | 446 | | as follows: |
---|
445 | 447 | | Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT |
---|
446 | 448 | | PROGRAM. (a) In this section, "criminal justice division" means |
---|
447 | 449 | | the criminal justice division established under Section 772.006. |
---|
448 | 450 | | (b) The criminal justice division shall establish and |
---|
449 | 451 | | administer a grant program to provide financial assistance to a law |
---|
450 | 452 | | enforcement agency in this state for purposes of becoming |
---|
451 | 453 | | accredited or maintaining accreditation: |
---|
452 | 454 | | (1) through the Texas Police Chiefs Association Law |
---|
453 | 455 | | Enforcement Agency Best Practices Accreditation Program; |
---|
454 | 456 | | (2) by the Commission on Accreditation for Law |
---|
455 | 457 | | Enforcement Agencies, Inc.; |
---|
456 | 458 | | (3) by the International Association of Campus Law |
---|
457 | 459 | | Enforcement Administrators; |
---|
458 | 460 | | (4) by an accreditation program developed by the |
---|
459 | 461 | | Sheriffs' Association of Texas; or |
---|
460 | 462 | | (5) by an association or organization designated by |
---|
461 | 463 | | the Texas Commission on Law Enforcement as provided by Subsection |
---|
462 | 464 | | (i). |
---|
463 | 465 | | (c) Except as provided by Subsection (e), the amount of a |
---|
464 | 466 | | grant awarded to a law enforcement agency under this section is as |
---|
465 | 467 | | follows: |
---|
466 | 468 | | (1) $25,000 for each qualifying accreditation: |
---|
467 | 469 | | (A) held by the agency on the date on which the |
---|
468 | 470 | | program under this section was established; or |
---|
469 | 471 | | (B) received by the agency after the date |
---|
470 | 472 | | described by Paragraph (A); and |
---|
471 | 473 | | (2) $12,500 for each qualifying reaccreditation |
---|
472 | 474 | | received by the agency after the date described by Subdivision |
---|
473 | 475 | | (1)(A). |
---|
474 | 476 | | (d) A law enforcement agency may not be awarded a grant |
---|
475 | 477 | | described by Subsection (c)(1) with respect to an accreditation for |
---|
476 | 478 | | which the agency has previously been awarded a grant under that |
---|
477 | 479 | | subdivision. |
---|
478 | 480 | | (e) If a law enforcement agency was awarded a grant |
---|
479 | 481 | | described by Subsection (c)(1) and the accreditation expires |
---|
480 | 482 | | without the agency receiving reaccreditation, the agency may be |
---|
481 | 483 | | awarded a grant under this section in the amount provided by |
---|
482 | 484 | | Subsection (c)(2) for becoming accredited by the accrediting entity |
---|
483 | 485 | | for which the grant under Subsection (c)(1) was awarded. |
---|
484 | 486 | | (f) The criminal justice division shall establish: |
---|
485 | 487 | | (1) eligibility criteria for grant applicants; |
---|
486 | 488 | | (2) grant application procedures; |
---|
487 | 489 | | (3) guidelines relating to grant amounts; |
---|
488 | 490 | | (4) procedures for evaluating grant applications; and |
---|
489 | 491 | | (5) procedures for monitoring the use of a grant |
---|
490 | 492 | | awarded under the program and ensuring compliance with any |
---|
491 | 493 | | conditions of a grant. |
---|
492 | 494 | | (g) Not later than December 1 of each year, the criminal |
---|
493 | 495 | | justice division shall submit to the Legislative Budget Board a |
---|
494 | 496 | | report that provides the following information for the preceding |
---|
495 | 497 | | state fiscal year: |
---|
496 | 498 | | (1) the name of each law enforcement agency that |
---|
497 | 499 | | applied for a grant under this section; and |
---|
498 | 500 | | (2) the amount of money distributed to each law |
---|
499 | 501 | | enforcement agency awarded a grant under this section. |
---|
500 | 502 | | (h) The criminal justice division may use any revenue |
---|
501 | 503 | | available for purposes of this section. |
---|
502 | 504 | | (i) The criminal justice division, with the assistance of |
---|
503 | 505 | | the Texas Commission on Law Enforcement, shall periodically review |
---|
504 | 506 | | associations and organizations that establish standards of |
---|
505 | 507 | | practice for law enforcement agencies and that offer accreditation |
---|
506 | 508 | | to agencies that meet those standards. On a determination by the |
---|
507 | 509 | | criminal justice division that accreditation of law enforcement |
---|
508 | 510 | | agencies in this state by an association or organization would |
---|
509 | 511 | | benefit public safety, the commission may designate the association |
---|
510 | 512 | | or organization as an accrediting entity for purposes of Subsection |
---|
511 | 513 | | (b)(5). |
---|
512 | 514 | | Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION |
---|
513 | 515 | | PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL |
---|
514 | 516 | | SUBDIVISIONS. (a) In this section: |
---|
515 | 517 | | (1) "Department" means the Department of Public |
---|
516 | 518 | | Safety. |
---|
517 | 519 | | (2) "First responder" means: |
---|
518 | 520 | | (A) a peace officer described by Article 2A.001, |
---|
519 | 521 | | Code of Criminal Procedure; |
---|
520 | 522 | | (B) an individual included as fire protection |
---|
521 | 523 | | personnel by Section 419.021; and |
---|
522 | 524 | | (C) an individual included as emergency medical |
---|
523 | 525 | | services personnel by Section 773.003, Health and Safety Code. |
---|
524 | 526 | | (b) To prepare for complex responses to and investigations |
---|
525 | 527 | | of emergencies that require mutual aid and support from more than |
---|
526 | 528 | | one governmental entity, the department shall consult with the |
---|
527 | 529 | | sheriff of each county in which a primary or secondary school |
---|
528 | 530 | | facility is located to determine which governmental entities that |
---|
529 | 531 | | employ a first responder are reasonably likely, in the sheriff's |
---|
530 | 532 | | opinion, to respond to an active shooter incident at one of those |
---|
531 | 533 | | facilities. |
---|
532 | 534 | | (c) The department, each sheriff described by Subsection |
---|
533 | 535 | | (b), and each governmental entity identified by the sheriff under |
---|
534 | 536 | | that subsection shall collectively participate in: |
---|
535 | 537 | | (1) a multiagency tabletop exercise at least once each |
---|
536 | 538 | | odd-numbered year; and |
---|
537 | 539 | | (2) an in-person drill at least once each |
---|
538 | 540 | | even-numbered year. |
---|
539 | 541 | | (d) The department shall invite any appropriate federal |
---|
540 | 542 | | agency to participate in an exercise described by Subsection (c). |
---|
541 | 543 | | Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF |
---|
542 | 544 | | PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this |
---|
543 | 545 | | section, "department" means the Department of Public Safety. |
---|
544 | 546 | | (b) The department and each governmental entity identified |
---|
545 | 547 | | by a sheriff under Section 772.013(b) shall collectively enter into |
---|
546 | 548 | | a mutual aid agreement that establishes the procedures for the |
---|
547 | 549 | | provision of resources, personnel, facilities, equipment, and |
---|
548 | 550 | | supplies in responses to critical incidents in a vertically |
---|
549 | 551 | | integrated fashion. |
---|
550 | 552 | | (c) In establishing the procedures, the department and |
---|
551 | 553 | | local law enforcement agencies shall: |
---|
552 | 554 | | (1) give priority to establishing the |
---|
553 | 555 | | interoperability of communications equipment among the parties to |
---|
554 | 556 | | the agreement; |
---|
555 | 557 | | (2) establish procedures for interagency coordination |
---|
556 | 558 | | in activities arising from critical incidents, including evidence |
---|
557 | 559 | | collection; |
---|
558 | 560 | | (3) set jurisdictional boundaries; and |
---|
559 | 561 | | (4) determine the capabilities, processes, and |
---|
560 | 562 | | expectations among the parties to the agreement. |
---|
561 | 563 | | (d) The department shall invite any appropriate federal |
---|
562 | 564 | | agency to enter into the agreement described by Subsection (b). |
---|
563 | 565 | | SECTION 14. Section 85.024, Local Government Code, is |
---|
564 | 566 | | amended by amending Subsections (a) and (c) and adding Subsection |
---|
565 | 567 | | (c-1) to read as follows: |
---|
566 | 568 | | (a) The sheriff of a county [with a total population of less |
---|
567 | 569 | | than 350,000] in which a public school is located shall call and |
---|
568 | 570 | | conduct an annual meeting [semiannual meetings] to discuss: |
---|
569 | 571 | | (1) school safety; |
---|
570 | 572 | | (2) coordinated law enforcement response to school |
---|
571 | 573 | | violence incidents; |
---|
572 | 574 | | (3) law enforcement agency capabilities; |
---|
573 | 575 | | (4) available resources; |
---|
574 | 576 | | (5) emergency radio interoperability; |
---|
575 | 577 | | (6) chain of command planning; [and] |
---|
576 | 578 | | (7) each public school's multihazard emergency |
---|
577 | 579 | | operations plan, including a discussion and analysis of how the |
---|
578 | 580 | | school's multihazard emergency operations plan would be |
---|
579 | 581 | | implemented in an emergency situation; and |
---|
580 | 582 | | (8) other related subjects proposed by a person in |
---|
581 | 583 | | attendance at the meeting. |
---|
582 | 584 | | (c) In a county with a population of less than 350,000, the |
---|
583 | 585 | | [The] following persons shall attend a meeting called under |
---|
584 | 586 | | Subsection (a): |
---|
585 | 587 | | (1) the sheriff or the sheriff's designee; |
---|
586 | 588 | | (2) the police chief of a municipal police department |
---|
587 | 589 | | in the county or the police chief's designee; |
---|
588 | 590 | | (3) each elected constable in the county or the |
---|
589 | 591 | | constable's designees; |
---|
590 | 592 | | (4) each police chief of a school district's police |
---|
591 | 593 | | department or school district security coordinator from each school |
---|
592 | 594 | | district located in the county; |
---|
593 | 595 | | (5) a representative of the Department of Public |
---|
594 | 596 | | Safety assigned to the county; |
---|
595 | 597 | | (6) a representative of each other state agency with |
---|
596 | 598 | | commissioned peace officers assigned to the county; |
---|
597 | 599 | | (7) a person appointed to a command staff position at |
---|
598 | 600 | | an emergency medical service in the county; |
---|
599 | 601 | | (8) a person appointed to a command staff position at a |
---|
600 | 602 | | municipal emergency medical service in the county; |
---|
601 | 603 | | (9) a person appointed to a command staff position at a |
---|
602 | 604 | | fire department in the county; |
---|
603 | 605 | | (10) the superintendent or the superintendent's |
---|
604 | 606 | | designee of each school district located in the county; |
---|
605 | 607 | | (11) the person who serves the function of |
---|
606 | 608 | | superintendent, or that person's designee, in each open-enrollment |
---|
607 | 609 | | charter school located in the county; [and] |
---|
608 | 610 | | (12) a representative of the Texas Division of |
---|
609 | 611 | | Emergency Management; and |
---|
610 | 612 | | (13) any other person the sheriff considers |
---|
611 | 613 | | appropriate. |
---|
612 | 614 | | (c-1) In a county with a population of 350,000 or more, the |
---|
613 | 615 | | following persons shall attend a meeting called under Subsection |
---|
614 | 616 | | (a): |
---|
615 | 617 | | (1) for each school district located in the county, |
---|
616 | 618 | | either: |
---|
617 | 619 | | (A) the police chief of the district's police |
---|
618 | 620 | | department, or the chief's designee; or |
---|
619 | 621 | | (B) if the district contracts with another |
---|
620 | 622 | | political subdivision for law enforcement services, the chief |
---|
621 | 623 | | administrative officer of the law enforcement agency providing law |
---|
622 | 624 | | enforcement services to the district, or the officer's designee; |
---|
623 | 625 | | (2) the superintendent of each school district located |
---|
624 | 626 | | in the county; and |
---|
625 | 627 | | (3) any other person the sheriff considers |
---|
626 | 628 | | appropriate. |
---|
627 | 629 | | SECTION 15. Chapter 391, Local Government Code, is amended |
---|
628 | 630 | | by adding Section 391.0041 to read as follows: |
---|
629 | 631 | | Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST |
---|
630 | 632 | | RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section: |
---|
631 | 633 | | (1) "Council of governments" means a regional planning |
---|
632 | 634 | | commission for a state planning region created under this chapter. |
---|
633 | 635 | | (2) "Critical incident" means an incident involving a |
---|
634 | 636 | | first responder that occurs while the first responder is performing |
---|
635 | 637 | | official duties and that results in serious bodily injury to the |
---|
636 | 638 | | first responder or poses a substantial risk of serious bodily |
---|
637 | 639 | | injury or death to the first responder or of serious harm to the |
---|
638 | 640 | | first responder's mental health or well-being. |
---|
639 | 641 | | (3) "First responder" means: |
---|
640 | 642 | | (A) a peace officer described by Article 2A.001, |
---|
641 | 643 | | Code of Criminal Procedure; |
---|
642 | 644 | | (B) an individual included as fire protection |
---|
643 | 645 | | personnel by Section 419.021, Government Code; and |
---|
644 | 646 | | (C) an individual included as emergency medical |
---|
645 | 647 | | services personnel by Section 773.003, Health and Safety Code. |
---|
646 | 648 | | (b) The Texas Division of Emergency Management, in |
---|
647 | 649 | | coordination with the Health and Human Services Commission and the |
---|
648 | 650 | | Department of State Health Services, shall: |
---|
649 | 651 | | (1) develop a mental health resources plan to address |
---|
650 | 652 | | the mental health needs of first responders following a critical |
---|
651 | 653 | | incident; and |
---|
652 | 654 | | (2) provide the plan to each local emergency |
---|
653 | 655 | | management director in the state. |
---|
654 | 656 | | (c) A plan developed under Subsection (b): |
---|
655 | 657 | | (1) must identify and provide for: |
---|
656 | 658 | | (A) education and training to a first responder |
---|
657 | 659 | | prior to a critical incident on topics including: |
---|
658 | 660 | | (i) the potential psychological impact that |
---|
659 | 661 | | being involved in an incident may have on the first responder; and |
---|
660 | 662 | | (ii) resources available to the first |
---|
661 | 663 | | responder to address the psychological impact of an incident, |
---|
662 | 664 | | including mental health counseling, peer support programs, and |
---|
663 | 665 | | stress management practices; or |
---|
664 | 666 | | (B) a list of recommended providers located |
---|
665 | 667 | | within the territory of the council of governments who can provide |
---|
666 | 668 | | the education and training described by Paragraph (A); |
---|
667 | 669 | | (2) may recommend that an employer of a first |
---|
668 | 670 | | responder: |
---|
669 | 671 | | (A) create a process to conduct a critical |
---|
670 | 672 | | incident stress debriefing following an incident; and |
---|
671 | 673 | | (B) create a peer support program to support the |
---|
672 | 674 | | first responder following an incident; and |
---|
673 | 675 | | (3) may include any other recommendation the council |
---|
674 | 676 | | of governments considers appropriate to address the mental health |
---|
675 | 677 | | needs of a first responder following a critical incident. |
---|
676 | 678 | | (d) Each political subdivision that receives a plan under |
---|
677 | 679 | | this section shall: |
---|
678 | 680 | | (1) implement the plan; and |
---|
679 | 681 | | (2) share the plan with each council of governments |
---|
680 | 682 | | that has jurisdiction over the political subdivision to ensure |
---|
681 | 683 | | regional plan integration and awareness. |
---|
682 | 684 | | SECTION 16. Section 1701.163, Occupations Code, is amended |
---|
683 | 685 | | to read as follows: |
---|
684 | 686 | | Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
---|
685 | 687 | | AGENCIES. (a) The commission, with input from an advisory |
---|
686 | 688 | | committee, shall by rule establish minimum standards with respect |
---|
687 | 689 | | to the creation or continued operation of a law enforcement agency |
---|
688 | 690 | | based on the function, size, and jurisdiction of the agency, |
---|
689 | 691 | | including: |
---|
690 | 692 | | (1) a determination regarding the public benefit of |
---|
691 | 693 | | creating the agency in the community; |
---|
692 | 694 | | (2) the sustainable funding sources for the agency; |
---|
693 | 695 | | (3) the physical resources available to officers, |
---|
694 | 696 | | including: |
---|
695 | 697 | | (A) all standard duty firearms; |
---|
696 | 698 | | (B) less lethal force weapons, including a |
---|
697 | 699 | | requirement of at least one per officer on duty; |
---|
698 | 700 | | (C) effective communications equipment; |
---|
699 | 701 | | (D) protective equipment, including a |
---|
700 | 702 | | requirement of: |
---|
701 | 703 | | (i) at least one bullet-resistant vest per |
---|
702 | 704 | | officer on duty; and |
---|
703 | 705 | | (ii) access to at least one breaching tool |
---|
704 | 706 | | and one ballistic shield; |
---|
705 | 707 | | (E) officer uniforms; and |
---|
706 | 708 | | (F) patrol vehicles and associated equipment; |
---|
707 | 709 | | (4) the physical facilities of the agency, including |
---|
708 | 710 | | any evidence room, dispatch area, or public area; |
---|
709 | 711 | | (5) the policies of the agency, including policies on: |
---|
710 | 712 | | (A) use of force; |
---|
711 | 713 | | (B) vehicle pursuit; |
---|
712 | 714 | | (C) professional conduct of officers; |
---|
713 | 715 | | (D) domestic abuse protocols; |
---|
714 | 716 | | (E) response to missing persons; |
---|
715 | 717 | | (F) supervision of part-time officers; |
---|
716 | 718 | | (G) impartial policing; |
---|
717 | 719 | | (H) active shooters, including a detailed |
---|
718 | 720 | | written policy based on current best practices for responding to an |
---|
719 | 721 | | active shooter incident at a primary or secondary school facility |
---|
720 | 722 | | and a recommendation for the frequency at which simulated emergency |
---|
721 | 723 | | drills should be conducted; and |
---|
722 | 724 | | (I) barricaded subjects; |
---|
723 | 725 | | (6) the administrative structure of the agency; |
---|
724 | 726 | | (7) liability insurance; and |
---|
725 | 727 | | (8) any other standard the commission considers |
---|
726 | 728 | | necessary. |
---|
727 | 729 | | (b) A law enforcement agency may enter into a mutual aid |
---|
728 | 730 | | agreement with a law enforcement agency with overlapping or |
---|
729 | 731 | | adjacent jurisdiction to share protective equipment during a |
---|
730 | 732 | | critical incident, as defined by Section 391.0041, Local Government |
---|
731 | 733 | | Code, to meet the requirements under Subsection (a)(3)(D). |
---|
732 | 734 | | SECTION 17. Section 1701.253, Occupations Code, is amended |
---|
733 | 735 | | by adding Subsection (u) to read as follows: |
---|
734 | 736 | | (u) As part of the minimum curriculum requirements, the |
---|
735 | 737 | | commission shall require an officer to complete the training |
---|
736 | 738 | | courses described by Section 1701.273. |
---|
737 | 739 | | SECTION 18. Subchapter F, Chapter 1701, Occupations Code, |
---|
738 | 740 | | is amended by adding Section 1701.273 to read as follows: |
---|
739 | 741 | | Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND. |
---|
740 | 742 | | (a) The commission shall require a peace officer to complete the |
---|
741 | 743 | | following emergency response management training courses, or a |
---|
742 | 744 | | substantially similar successor course as determined by the |
---|
743 | 745 | | commission, in collaboration with the Texas Division of Emergency |
---|
744 | 746 | | Management: |
---|
745 | 747 | | (1) Introduction to the Incident Command System; and |
---|
746 | 748 | | (2) National Incident Management System, An |
---|
747 | 749 | | Introduction. |
---|
748 | 750 | | (b) The commission shall require an officer to complete the |
---|
749 | 751 | | training courses described by Subsection (a) unless the officer has |
---|
750 | 752 | | completed the training under Section 1701.253(u). |
---|
751 | 753 | | SECTION 19. Subchapter H, Chapter 1701, Occupations Code, |
---|
752 | 754 | | is amended by adding Section 1701.3526 to read as follows: |
---|
753 | 755 | | Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE |
---|
754 | 756 | | AND COMMAND. (a) The commission shall require a peace officer whose |
---|
755 | 757 | | duties involve the supervision of officers in an incident response |
---|
756 | 758 | | to complete, as part of the continuing education programs under |
---|
757 | 759 | | Section 1701.351(a), an advanced incident response and command |
---|
758 | 760 | | course, in collaboration with the Texas Division of Emergency |
---|
759 | 761 | | Management, as determined by commission rule. |
---|
760 | 762 | | (b) The exemption under Section 1701.351(d) does not apply |
---|
761 | 763 | | to the training required by Subsection (a). |
---|
762 | 764 | | SECTION 20. Section 85.024(b), Local Government Code, is |
---|
763 | 765 | | repealed. |
---|
764 | 766 | | SECTION 21. Not later than December 1, 2025, the Advanced |
---|
765 | 767 | | Law Enforcement Rapid Response Training Center at Texas State |
---|
766 | 768 | | University--San Marcos shall develop the template and training |
---|
767 | 769 | | program required by Section 96.42, Education Code, as added by this |
---|
768 | 770 | | Act. |
---|
769 | 771 | | SECTION 22. Not later than December 1, 2025, the Texas |
---|
770 | 772 | | Division of Emergency Management shall develop and post the guide |
---|
771 | 773 | | required by Section 418.059, Government Code, as added by this Act. |
---|
772 | 774 | | SECTION 23. Not later than December 1, 2025, the Texas |
---|
773 | 775 | | Division of Emergency Management shall develop the training program |
---|
774 | 776 | | required by Section 418.1877(c), Government Code, as added by this |
---|
775 | 777 | | Act. |
---|
776 | 778 | | SECTION 24. A public information officer described by |
---|
777 | 779 | | Section 411.3735 or 418.332, Government Code, as added by this Act, |
---|
778 | 780 | | who was employed or appointed before the effective date of this Act |
---|
779 | 781 | | shall obtain the certification required by Section 418.333, |
---|
780 | 782 | | Government Code, as added by this Act, not later than September 1, |
---|
781 | 783 | | 2026. |
---|
782 | 784 | | SECTION 25. Not later than January 1, 2026, the Department |
---|
783 | 785 | | of Public Safety and local law enforcement agencies shall enter |
---|
784 | 786 | | into mutual aid agreements as required by Section 772.014, |
---|
785 | 787 | | Government Code, as added by this Act. |
---|
786 | 788 | | SECTION 26. As soon as practicable after the effective date |
---|
787 | 789 | | of this Act, each council of governments, as defined by Section |
---|
788 | 790 | | 391.0041, Local Government Code, as added by this Act, shall |
---|
789 | 791 | | develop a mental health resources plan required to be created under |
---|
790 | 792 | | that section. |
---|
791 | 793 | | SECTION 27. As soon as practicable after the effective date |
---|
792 | 794 | | of this Act, the Texas Commission on Law Enforcement shall adopt |
---|
793 | 795 | | rules to implement the changes in law made by this Act to |
---|
794 | 796 | | Subchapters D, F, and H, Chapter 1701, Occupations Code. |
---|
795 | 797 | | SECTION 28. The minimum curriculum requirements under |
---|
796 | 798 | | Section 1701.253(u), Occupations Code, as added by this Act, apply |
---|
797 | 799 | | only to an officer who first begins to satisfy those requirements on |
---|
798 | 800 | | or after January 1, 2026. |
---|
799 | 801 | | SECTION 29. Section 1701.3526, Occupations Code, as added |
---|
800 | 802 | | by this Act, applies only with respect to a 24-month continuing |
---|
801 | 803 | | education training unit that begins on or after the effective date |
---|
802 | 804 | | of this Act. A training unit that begins before the effective date |
---|
803 | 805 | | of this Act is governed by the law in effect on the date the training |
---|
804 | 806 | | unit began, and the former law is continued in effect for that |
---|
805 | 807 | | purpose. |
---|
806 | 808 | | SECTION 30. This Act takes effect September 1, 2025. |
---|