89R22582 JBD/ANG-D
By: McLaughlin, Guillen, Moody, Leo Wilson, H.B. No. 33
Louderback, et al.
Substitute the following for H.B. No. 33:
By: Hefner C.S.H.B. No. 33
A BILL TO BE ENTITLED
AN ACT
relating to active shooter incidents at primary and secondary
school facilities and other emergencies, including certain
accreditations of law enforcement agencies that respond to such
emergencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Uvalde Strong Act.
SECTION 2. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207,
and 37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 3. Sections 37.108(a) and (b), Education Code, are
amended to read as follows:
(a) Each school district or public junior college district
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities. The plan must address
prevention, mitigation, preparedness, response, and recovery,
including the prompt recovery of services provided by the school
district or public junior college district, as defined by the Texas
School Safety Center in conjunction with the governor's office of
homeland security, the commissioner of education, and the
commissioner of higher education. The plan must provide for:
(1) training in responding to an emergency for
district employees, including substitute teachers;
(2) measures to ensure district employees, including
substitute teachers, have classroom access to a telephone,
including a cellular telephone, or another electronic
communication device allowing for immediate contact with district
emergency services or emergency services agencies, law enforcement
agencies, health departments, and fire departments;
(3) measures to ensure district communications
technology and infrastructure are adequate to allow for
communication during an emergency, including measures to ensure the
use of standardized response protocol terminology, developed in
coordination with the Texas School Safety Center, to facilitate
communication between law enforcement, emergency services,
district employees, and the public;
(4) if the plan applies to a school district,
mandatory school drills and exercises, including drills required
under Section 37.114, to prepare district students and employees
for responding to an emergency;
(5) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency;
(6) the implementation of a safety and security audit
as required by Subsection (b); and
(7) any other requirements established by the Texas
School Safety Center in consultation with the agency and relevant
local law enforcement agencies.
(b) At least once every three years, each school district or
public junior college district shall conduct a safety and security
audit of the district's facilities that includes a security review
as described by Section 37.1087 for each district facility. A
district, or a person included in the registry established by the
Texas School Safety Center under Section 37.2091 who is engaged by
the district to conduct a safety and security audit, shall follow
safety and security audit procedures developed by the Texas School
Safety Center in coordination with the commissioner of education or
commissioner of higher education, as applicable.
SECTION 4. Section 37.1083(a), Education Code, is amended
to read as follows:
(a) The agency shall monitor the implementation and
operation of requirements related to school district safety and
security, including school district:
(1) multihazard emergency operations plans; [and]
(2) safety and security audits; and
(3) security reviews.
SECTION 5. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1087 to read as follows:
Sec. 37.1087. SECURITY REVIEW. (a) If a school district
constructs, acquires, renovates, or improves a district facility,
the district shall, as soon as practicable, conduct a security
review of the facility to:
(1) determine whether the facility meets school safety
and security requirements as described by commissioner rule; and
(2) identify security vulnerabilities at the facility
in the event of an active shooter incident and describe strategies
to mitigate each vulnerability identified.
(b) The commissioner, in consultation with the Department
of Public Safety, the Texas Division of Emergency Management, and
the Texas School Safety Center, shall ensure that the rules adopted
or amended under Section 7.061 include rules for the review
required under this section.
SECTION 6. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1171 to read as follows:
Sec. 37.1171. AVAILABILITY OF BREACHING TOOL AND BALLISTIC
SHIELD. Each school district and open-enrollment charter school
must have at least one breaching tool and one ballistic shield
available for use at each campus in the event of an active shooter
incident.
SECTION 7. Section 51.217(b), Education Code, is amended to
read as follows:
(b) An institution shall adopt and implement a multihazard
emergency operations plan for use at the institution. The plan must
address mitigation, preparedness, response, and recovery,
including the prompt recovery of services provided by the
institution. The plan must provide for:
(1) employee training in responding to an emergency;
(2) mandatory drills to prepare students, faculty, and
employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services, local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; and
(4) the implementation of a safety and security audit
as required by Subsection (c).
SECTION 8. Subchapter C, Chapter 96, Education Code, is
amended by adding Section 96.42 to read as follows:
Sec. 96.42. ADVANCED LAW ENFORCEMENT RAPID RESPONSE
TRAINING CENTER; CERTAIN DUTIES. (a) In this section:
(1) "Center" means the Advanced Law Enforcement Rapid
Response Training Center at Texas State University--San Marcos.
(2) "Emergency medical services personnel" and
"emergency medical services provider" have the meanings assigned by
Section 773.003, Health and Safety Code.
(3) "Local law enforcement agency" means a political
subdivision of this state authorized by law to employ or appoint
peace officers.
(b) The center shall create a template for use by a local law
enforcement agency or emergency medical services provider in
evaluating and reporting on the agency's or provider's response to
an active shooter incident at a primary or secondary school
facility under Section 418.1873, Government Code. The center may
collaborate with the Texas Division of Emergency Management, the
Department of Public Safety, the Sheriffs' Association of Texas, or
the Texas Police Chiefs Association to develop the template. The
template must include:
(1) prompts for reporting on the following items:
(A) a brief description and outcome of the active
shooter incident;
(B) a statement of personnel and equipment
deployed during the incident;
(C) a cost analysis, including salaries,
equipment, and incidentals;
(D) a copy of appropriate incident logs and
reports;
(E) any maps, forms, or related documentation
used in responding to or evaluating the agency's or provider's
response to the incident;
(F) a summary of any deaths or injuries that
occurred as a result of the incident;
(G) any information relating to the status of
criminal investigations and subsequent prosecutions arising out of
the incident; and
(H) a final evaluation, including:
(i) conclusions relating to the agency's or
provider's response to the incident;
(ii) problems encountered during the
response regarding personnel, equipment, resources, or multiagency
response;
(iii) suggestions for revising policy, such
as improving training and equipment; and
(iv) any additional considerations that
would improve the agency's or provider's response to active shooter
incidents at primary or secondary school facilities in the future;
and
(2) any other content the center considers
appropriate.
(c) The center shall develop a training program for peace
officers and emergency medical services personnel for responding to
active shooter incidents at primary and secondary school facilities
as required by Section 418.1877(b), Government Code. In developing
the training program, the center:
(1) shall incorporate, if available, the findings of
at least one final report submitted under Section 418.1873,
Government Code, regarding a local law enforcement agency's or
emergency medical services provider's response to an active shooter
incident at a primary or secondary school facility; and
(2) may collaborate with the Texas Division of
Emergency Management, the Texas Commission on Law Enforcement, the
Department of Public Safety, or the Department of State Health
Services.
(d) In developing the training program under Subsection
(c), if a report described by Subsection (c)(1) is not immediately
available, the center shall update the training program as soon as a
report described by that subdivision becomes available to
incorporate the report's findings.
SECTION 9. Subchapter L-1, Chapter 411, Government Code, is
amended by adding Section 411.3735 to read as follows:
Sec. 411.3735. CERTIFICATION AND CONTINUING EDUCATION
REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) In this
section:
(1) "Division" means the Texas Division of Emergency
Management.
(2) "Public information officer" means an individual
who is employed or appointed by a state agency or local government
entity and whose duties include communicating with the public
during a disaster regarding the disaster.
(b) Each of the following entities shall employ or appoint a
public information officer who must obtain certification in
emergency communications from the division and complete continuing
education on emergency communications as provided by Subchapter K,
Chapter 418:
(1) a municipal police department;
(2) a sheriff's office;
(3) a county constable's office;
(4) a school district police department; and
(5) the department.
(c) The chief administrative officer of an agency may be
appointed or employed as a public information officer.
SECTION 10. Subchapter C, Chapter 418, Government Code, is
amended by adding Section 418.059 to read as follows:
Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO
ACTIVE SHOOTER INCIDENT AT SCHOOL FACILITY. (a) The division, in
coordination with the Emergency Management Council, shall develop a
guide on preparing for and responding to an active shooter incident
at a primary or secondary school facility for civic, volunteer, and
community organizations.
(b) The division shall post the guide on the division's
Internet website for public use. The guide must provide a
comprehensive approach to preparing for and responding to active
shooter incidents at primary and secondary school facilities and
include information on:
(1) understanding mass violence incidents and best
practices for community engagement related to those incidents;
(2) incident command structure;
(3) coordination of and access to resources, including
trauma and support services, acute support services, long-term
support services, spiritual support services, and family or victim
assistance;
(4) long-term recovery and community resilience;
(5) communication coordination;
(6) training and planning resources; and
(7) preserving and restoring community cohesion and
public life after the incident.
(c) In developing and revising the guide, the division may,
in collaboration with the department, seek the advice and
assistance of local governments, civic organizations, volunteer
organizations, and community leaders.
SECTION 11. Subchapter H, Chapter 418, Government Code, is
amended by adding Sections 418.1873 and 418.1877 to read as
follows:
Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE
SHOOTER INCIDENT AT SCHOOL FACILITY REQUIRED FOR CERTAIN ENTITIES.
(a) In this section:
(1) "Emergency medical services" and "emergency
medical services provider" have the meanings assigned by Section
773.003, Health and Safety Code.
(2) "Local law enforcement agency" means a political
subdivision of this state authorized by law to employ or appoint
peace officers.
(b) Each local law enforcement agency and emergency medical
services provider that responds to an active shooter incident at a
primary or secondary school facility by providing law enforcement
services or emergency medical services, or both, shall:
(1) not later than the 45th day after the date of the
incident, or as soon as practicable thereafter, initiate an
evaluation of the agency's or provider's response to the incident
and submit a preliminary report to the division, the department,
and the Advanced Law Enforcement Rapid Response Training Center at
Texas State University--San Marcos regarding, at minimum, the items
required in the template created under Section 96.42, Education
Code; and
(2) not later than the 90th day after the date of the
incident, or as soon as practicable thereafter, finalize the report
described by Subdivision (1) and submit the report to the division,
the department, and the Advanced Law Enforcement Rapid Response
Training Center at Texas State University--San Marcos.
(c) For purposes of implementing this section:
(1) the Texas Commission on Law Enforcement shall
adopt rules with respect to local law enforcement agencies; and
(2) the division shall adopt rules with respect to
emergency medical services and emergency medical services
providers.
(d) The division, in coordination with the Texas School
Safety Center, shall by rule define "active shooter incident" as an
incident involving an active shooter, as that term is defined by the
Federal Bureau of Investigation.
(e) A local law enforcement agency or emergency medical
services provider that complies with this section regarding an
active shooter incident at a primary or secondary school facility
is not required to conduct any evaluation or issue any report that
may be required under Section 418.188 regarding that incident.
(f) Information obtained or created by the division or the
department in carrying out their obligations under this section are
confidential and are not subject to disclosure under Chapter 552.
(g) Any meetings between a law enforcement agency or
emergency medical services provider and the division or the
department are not subject to the open meeting requirements of
Chapter 551.
Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER
INCIDENTS AT SCHOOL FACILITIES REQUIRED. (a) In this section:
(1) "Emergency medical services personnel" and
"emergency medical services provider" have the meanings assigned by
Section 773.003, Health and Safety Code.
(2) "Local law enforcement agency" has the meaning
assigned by Section 418.1873.
(b) The Texas Commission on Law Enforcement by rule shall
require the peace officers of each local law enforcement agency to
complete a training program for responding to active shooter
incidents at primary and secondary school facilities developed by
the Advanced Law Enforcement Rapid Response Training Center at
Texas State University--San Marcos as required by Section 96.42,
Education Code.
(c) The division by rule shall require the emergency medical
services personnel of each emergency medical services provider to
complete a training program for responding to active shooter
incidents at primary and secondary school facilities developed by
the division. The training program must involve reviewing at least
one final evaluation and report required by Section 418.1873.
(d) The division, the Texas Commission on Law Enforcement,
and the Department of State Health Services may adopt rules to
enforce this section.
SECTION 12. Chapter 418, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR
CERTAIN PUBLIC INFORMATION OFFICERS
Sec. 418.331. DEFINITION. In this subchapter, "public
information officer" means an individual who is employed or
appointed by a state agency, local government entity, or
open-enrollment charter school and whose duties include
communicating with the public during a disaster regarding the
disaster.
Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION
REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) Each of the
following entities shall employ or appoint a public information
officer who must obtain certification in emergency communications
from the division and complete continuing education on emergency
communications as provided by this subchapter:
(1) a municipality;
(2) a county;
(3) an independent school district;
(4) an open-enrollment charter school; and
(5) the division.
(b) The chief administrator of an agency may be appointed or
employed as a public information officer.
Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a)
A public information officer described by Sections 411.3735 and
418.332 shall:
(1) obtain certification from the division in
emergency communications not later than the first anniversary of
the date the public information officer was hired or appointed; and
(2) complete a continuing education program on
emergency communications approved by the division once during each
12-month period beginning on the date the public information
officer obtained certification.
(b) The division shall establish minimum education and
training requirements for initial certification and continuing
education under this subchapter. The minimum requirements must
comply with the policies and standards developed by the Texas
Commission on Law Enforcement under Section 1701.163, Occupations
Code. These minimum requirements must include courses on:
(1) the National Incident Management System;
(2) the Incident Command System; and
(3) the basic skills and principles necessary to
fulfill the role of a public information officer with respect to
emergency communications.
(c) The division shall assist the entities subject to
Sections 411.3735 and 418.332 in identifying approved training
programs.
(d) The following courses may be taken to satisfy minimum
education and training requirements under this subchapter:
(1) a course provided by the Bill Blackwood Law
Enforcement Management Institute of Texas; or
(2) a course approved by the Texas Commission on Law
Enforcement.
Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each
entity subject to Section 418.332 shall:
(1) maintain records that demonstrate the compliance
of each public information officer employed or appointed by that
entity with the certification and continuing education
requirements of this subchapter; and
(2) submit to the division the compliance records
required to be maintained under Subdivision (1).
(b) The division shall permit inspection and copying by the
department of the compliance records the division maintains under
Subsection (a)(1) during reasonable hours and in a reasonable
manner.
Sec. 418.335. RULES. The division may adopt rules to
administer this subchapter.
SECTION 13. Subchapter A, Chapter 772, Government Code, is
amended by adding Sections 772.00791, 772.013, and 772.014 to read
as follows:
Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT
PROGRAM. (a) In this section, "criminal justice division" means
the criminal justice division established under Section 772.006.
(b) The criminal justice division shall establish and
administer a grant program to provide financial assistance to a law
enforcement agency in this state for purposes of becoming
accredited or maintaining accreditation:
(1) through the Texas Police Chiefs Association Law
Enforcement Agency Best Practices Accreditation Program;
(2) by the Commission on Accreditation for Law
Enforcement Agencies, Inc.;
(3) by the International Association of Campus Law
Enforcement Administrators;
(4) by an accreditation program developed by the
Sheriffs' Association of Texas; or
(5) by an association or organization designated by
the Texas Commission on Law Enforcement as provided by Subsection
(i).
(c) Except as provided by Subsection (e), the amount of a
grant awarded to a law enforcement agency under this section is as
follows:
(1) $25,000 for each qualifying accreditation:
(A) held by the agency on the date on which the
program under this section was established; or
(B) received by the agency after the date
described by Paragraph (A); and
(2) $12,500 for each qualifying reaccreditation
received by the agency after the date described by Subdivision
(1)(A).
(d) A law enforcement agency may not be awarded a grant
described by Subsection (c)(1) with respect to an accreditation for
which the agency has previously been awarded a grant under that
subdivision.
(e) If a law enforcement agency was awarded a grant
described by Subsection (c)(1) and the accreditation expires
without the agency receiving reaccreditation, the agency may be
awarded a grant under this section in the amount provided by
Subsection (c)(2) for becoming accredited by the accrediting entity
for which the grant under Subsection (c)(1) was awarded.
(f) The criminal justice division shall establish:
(1) eligibility criteria for grant applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
conditions of a grant.
(g) Not later than December 1 of each year, the criminal
justice division shall submit to the Legislative Budget Board a
report that provides the following information for the preceding
state fiscal year:
(1) the name of each law enforcement agency that
applied for a grant under this section; and
(2) the amount of money distributed to each law
enforcement agency awarded a grant under this section.
(h) The criminal justice division may use any revenue
available for purposes of this section.
(i) The criminal justice division, with the assistance of
the Texas Commission on Law Enforcement, shall periodically review
associations and organizations that establish standards of
practice for law enforcement agencies and that offer accreditation
to agencies that meet those standards. On a determination by the
criminal justice division that accreditation of law enforcement
agencies in this state by an association or organization would
benefit public safety, the commission may designate the association
or organization as an accrediting entity for purposes of Subsection
(b)(5).
Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION
PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL
SUBDIVISIONS. (a) In this section:
(1) "Department" means the Department of Public
Safety.
(2) "First responder" means:
(A) a peace officer described by Article 2A.001,
Code of Criminal Procedure;
(B) an individual included as fire protection
personnel by Section 419.021; and
(C) an individual included as emergency medical
services personnel by Section 773.003, Health and Safety Code.
(b) To prepare for complex responses to and investigations
of emergencies that require mutual aid and support from more than
one governmental entity, the department shall consult with the
sheriff of each county in which a primary or secondary school
facility is located to determine which governmental entities that
employ a first responder are reasonably likely, in the sheriff's
opinion, to respond to an active shooter incident at one of those
facilities.
(c) The department, each sheriff described by Subsection
(b), and each governmental entity identified by the sheriff under
that subsection shall collectively participate in:
(1) a multiagency tabletop exercise at least once each
odd-numbered year; and
(2) an in-person drill at least once each
even-numbered year.
(d) The department shall invite any appropriate federal
agency to participate in an exercise described by Subsection (c).
Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF
PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this
section, "department" means the Department of Public Safety.
(b) The department and each governmental entity identified
by a sheriff under Section 772.013(b) shall collectively enter into
a mutual aid agreement that establishes the procedures for the
provision of resources, personnel, facilities, equipment, and
supplies in responses to critical incidents in a vertically
integrated fashion.
(c) In establishing the procedures, the department and
local law enforcement agencies shall:
(1) give priority to establishing the
interoperability of communications equipment among the parties to
the agreement;
(2) establish procedures for interagency coordination
in activities arising from critical incidents, including evidence
collection;
(3) set jurisdictional boundaries; and
(4) determine the capabilities, processes, and
expectations among the parties to the agreement.
(d) The department shall invite any appropriate federal
agency to enter into the agreement described by Subsection (b).
SECTION 14. Section 85.024, Local Government Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(c-1) to read as follows:
(a) The sheriff of a county [with a total population of less
than 350,000] in which a public school is located shall call and
conduct an annual meeting [semiannual meetings] to discuss:
(1) school safety;
(2) coordinated law enforcement response to school
violence incidents;
(3) law enforcement agency capabilities;
(4) available resources;
(5) emergency radio interoperability;
(6) chain of command planning; [and]
(7) each public school's multihazard emergency
operations plan, including a discussion and analysis of how the
school's multihazard emergency operations plan would be
implemented in an emergency situation; and
(8) other related subjects proposed by a person in
attendance at the meeting.
(c) In a county with a population of less than 350,000, the
[The] following persons shall attend a meeting called under
Subsection (a):
(1) the sheriff or the sheriff's designee;
(2) the police chief of a municipal police department
in the county or the police chief's designee;
(3) each elected constable in the county or the
constable's designees;
(4) each police chief of a school district's police
department or school district security coordinator from each school
district located in the county;
(5) a representative of the Department of Public
Safety assigned to the county;
(6) a representative of each other state agency with
commissioned peace officers assigned to the county;
(7) a person appointed to a command staff position at
an emergency medical service in the county;
(8) a person appointed to a command staff position at a
municipal emergency medical service in the county;
(9) a person appointed to a command staff position at a
fire department in the county;
(10) the superintendent or the superintendent's
designee of each school district located in the county;
(11) the person who serves the function of
superintendent, or that person's designee, in each open-enrollment
charter school located in the county; [and]
(12) a representative of the Texas Division of
Emergency Management; and
(13) any other person the sheriff considers
appropriate.
(c-1) In a county with a population of 350,000 or more, the
following persons shall attend a meeting called under Subsection
(a):
(1) for each school district located in the county,
either:
(A) the police chief of the district's police
department, or the chief's designee; or
(B) if the district contracts with another
political subdivision for law enforcement services, the chief
administrative officer of the law enforcement agency providing law
enforcement services to the district, or the officer's designee;
(2) the superintendent of each school district located
in the county; and
(3) any other person the sheriff considers
appropriate.
SECTION 15. Chapter 391, Local Government Code, is amended
by adding Section 391.0041 to read as follows:
Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST
RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section:
(1) "Council of governments" means a regional planning
commission for a state planning region created under this chapter.
(2) "Critical incident" means an incident involving a
first responder that occurs while the first responder is performing
official duties and that results in serious bodily injury to the
first responder or poses a substantial risk of serious bodily
injury or death to the first responder or of serious harm to the
first responder's mental health or well-being.
(3) "First responder" means:
(A) a peace officer described by Article 2A.001,
Code of Criminal Procedure;
(B) an individual included as fire protection
personnel by Section 419.021, Government Code; and
(C) an individual included as emergency medical
services personnel by Section 773.003, Health and Safety Code.
(b) The Texas Division of Emergency Management, in
coordination with the Health and Human Services Commission and the
Department of State Health Services, shall:
(1) develop a mental health resources plan to address
the mental health needs of first responders following a critical
incident; and
(2) provide the plan to each local emergency
management director in the state.
(c) A plan developed under Subsection (b):
(1) must identify and provide for:
(A) education and training to a first responder
prior to a critical incident on topics including:
(i) the potential psychological impact that
being involved in an incident may have on the first responder; and
(ii) resources available to the first
responder to address the psychological impact of an incident,
including mental health counseling, peer support programs, and
stress management practices; or
(B) a list of recommended providers located
within the territory of the council of governments who can provide
the education and training described by Paragraph (A);
(2) may recommend that an employer of a first
responder:
(A) create a process to conduct a critical
incident stress debriefing following an incident; and
(B) create a peer support program to support the
first responder following an incident; and
(3) may include any other recommendation the council
of governments considers appropriate to address the mental health
needs of a first responder following a critical incident.
(d) Each political subdivision that receives a plan under
this section shall:
(1) implement the plan; and
(2) share the plan with each council of governments
that has jurisdiction over the political subdivision to ensure
regional plan integration and awareness.
SECTION 16. Section 1701.163, Occupations Code, is amended
to read as follows:
Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
AGENCIES. (a) The commission, with input from an advisory
committee, shall by rule establish minimum standards with respect
to the creation or continued operation of a law enforcement agency
based on the function, size, and jurisdiction of the agency,
including:
(1) a determination regarding the public benefit of
creating the agency in the community;
(2) the sustainable funding sources for the agency;
(3) the physical resources available to officers,
including:
(A) all standard duty firearms;
(B) less lethal force weapons, including a
requirement of at least one per officer on duty;
(C) effective communications equipment;
(D) protective equipment, including a
requirement of:
(i) at least one bullet-resistant vest per
officer on duty; and
(ii) access to at least one breaching tool
and one ballistic shield;
(E) officer uniforms; and
(F) patrol vehicles and associated equipment;
(4) the physical facilities of the agency, including
any evidence room, dispatch area, or public area;
(5) the policies of the agency, including policies on:
(A) use of force;
(B) vehicle pursuit;
(C) professional conduct of officers;
(D) domestic abuse protocols;
(E) response to missing persons;
(F) supervision of part-time officers;
(G) impartial policing;
(H) active shooters, including a detailed
written policy based on current best practices for responding to an
active shooter incident at a primary or secondary school facility
and a recommendation for the frequency at which simulated emergency
drills should be conducted; and
(I) barricaded subjects;
(6) the administrative structure of the agency;
(7) liability insurance; and
(8) any other standard the commission considers
necessary.
(b) A law enforcement agency may enter into a mutual aid
agreement with a law enforcement agency with overlapping or
adjacent jurisdiction to share protective equipment during a
critical incident, as defined by Section 391.0041, Local Government
Code, to meet the requirements under Subsection (a)(3)(D).
SECTION 17. Section 1701.253, Occupations Code, is amended
by adding Subsection (u) to read as follows:
(u) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the training
courses described by Section 1701.273.
SECTION 18. Subchapter F, Chapter 1701, Occupations Code,
is amended by adding Section 1701.273 to read as follows:
Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND.
(a) The commission shall require a peace officer to complete the
following emergency response management training courses, or a
substantially similar successor course as determined by the
commission, in collaboration with the Texas Division of Emergency
Management:
(1) Introduction to the Incident Command System; and
(2) National Incident Management System, An
Introduction.
(b) The commission shall require an officer to complete the
training courses described by Subsection (a) unless the officer has
completed the training under Section 1701.253(u).
SECTION 19. Subchapter H, Chapter 1701, Occupations Code,
is amended by adding Section 1701.3526 to read as follows:
Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE
AND COMMAND. (a) The commission shall require a peace officer whose
duties involve the supervision of officers in an incident response
to complete, as part of the continuing education programs under
Section 1701.351(a), an advanced incident response and command
course, in collaboration with the Texas Division of Emergency
Management, as determined by commission rule.
(b) The exemption under Section 1701.351(d) does not apply
to the training required by Subsection (a).
SECTION 20. Section 85.024(b), Local Government Code, is
repealed.
SECTION 21. Not later than December 1, 2025, the Advanced
Law Enforcement Rapid Response Training Center at Texas State
University--San Marcos shall develop the template and training
program required by Section 96.42, Education Code, as added by this
Act.
SECTION 22. Not later than December 1, 2025, the Texas
Division of Emergency Management shall develop and post the guide
required by Section 418.059, Government Code, as added by this Act.
SECTION 23. Not later than December 1, 2025, the Texas
Division of Emergency Management shall develop the training program
required by Section 418.1877(c), Government Code, as added by this
Act.
SECTION 24. A public information officer described by
Section 411.3735 or 418.332, Government Code, as added by this Act,
who was employed or appointed before the effective date of this Act
shall obtain the certification required by Section 418.333,
Government Code, as added by this Act, not later than September 1,
2026.
SECTION 25. Not later than January 1, 2026, the Department
of Public Safety and local law enforcement agencies shall enter
into mutual aid agreements as required by Section 772.014,
Government Code, as added by this Act.
SECTION 26. As soon as practicable after the effective date
of this Act, each council of governments, as defined by Section
391.0041, Local Government Code, as added by this Act, shall
develop a mental health resources plan required to be created under
that section.
SECTION 27. As soon as practicable after the effective date
of this Act, the Texas Commission on Law Enforcement shall adopt
rules to implement the changes in law made by this Act to
Subchapters D, F, and H, Chapter 1701, Occupations Code.
SECTION 28. The minimum curriculum requirements under
Section 1701.253(u), Occupations Code, as added by this Act, apply
only to an officer who first begins to satisfy those requirements on
or after January 1, 2026.
SECTION 29. Section 1701.3526, Occupations Code, as added
by this Act, applies only with respect to a 24-month continuing
education training unit that begins on or after the effective date
of this Act. A training unit that begins before the effective date
of this Act is governed by the law in effect on the date the training
unit began, and the former law is continued in effect for that
purpose.
SECTION 30. This Act takes effect September 1, 2025.