Texas 2025 - 89th Regular

Texas House Bill HB3351 Compare Versions

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

Old	New	Differences
1	1	89R5011 ANG-F
2	2	By: King H.B. No. 3351
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to measures for ensuring public school safety, including
10	10	the commissioning of peace officers by the Texas Education Agency,
11	11	public school safety and security requirements, and the provision
12	12	of safety-related resources.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 2A.001, Code of Criminal Procedure, is
15	15	amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
16	16	Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
17	17	Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
18	18	Regular Session, 2023, and is further amended to read as follows:
19	19	Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
20	20	peace officers:
21	21	(1) a sheriff, a sheriff's deputy, or a reserve deputy
22	22	sheriff who holds a permanent peace officer license issued under
23	23	Chapter 1701, Occupations Code;
24	24	(2) a constable, a deputy constable, or a reserve
25	25	deputy constable who holds a permanent peace officer license issued
26	26	under Chapter 1701, Occupations Code;
27	27	(3) a marshal or police officer of a municipality or a
28	28	reserve municipal police officer who holds a permanent peace
29	29	officer license issued under Chapter 1701, Occupations Code;
30	30	(4) a ranger, officer, or member of the reserve
31	31	officer corps commissioned by the Public Safety Commission and the
32	32	director of the Department of Public Safety;
33	33	(5) an investigator of a district attorney's, criminal
34	34	district attorney's, or county attorney's office;
35	35	(6) a law enforcement agent of the Texas Alcoholic
36	36	Beverage Commission;
37	37	(7) a member of an arson investigating unit
38	38	commissioned by a municipality, a county, or the state;
39	39	(8) an officer commissioned under Section 37.081 or
40	40	37.0818, Education Code, or Subchapter E, Chapter 51, Education
41	41	Code;
42	42	(9) an officer commissioned by the Texas Facilities
43	43	Commission;
44	44	(10) a law enforcement officer commissioned by the
45	45	Parks and Wildlife Commission;
46	46	(11) an officer commissioned under Chapter 23,
47	47	Transportation Code;
48	48	(12) a municipal park and recreational patrol officer
49	49	or security officer;
50	50	(13) a security officer or investigator commissioned
51	51	as a peace officer by the comptroller;
52	52	(14) an officer commissioned by a water control and
53	53	improvement district under Section 49.216, Water Code;
54	54	(15) an officer commissioned by a board of trustees
55	55	under Chapter 54, Transportation Code;
56	56	(16) an investigator commissioned by the Texas Medical
57	57	Board;
58	58	(17) an officer commissioned by:
59	59	(A) the board of managers of the Dallas County
60	60	Hospital District, the Tarrant County Hospital District, the Bexar
61	61	County Hospital District, or the El Paso County Hospital District
62	62	under Section 281.057, Health and Safety Code;
63	63	(B) the board of directors of the Ector County
64	64	Hospital District under Section 1024.117, Special District Local
65	65	Laws Code;
66	66	(C) the board of directors of the Midland County
67	67	Hospital District of Midland County, Texas, under Section 1061.121,
68	68	Special District Local Laws Code; or
69	69	(D) the board of hospital managers of the Lubbock
70	70	County Hospital District of Lubbock County, Texas, under Section
71	71	1053.113, Special District Local Laws Code;
72	72	(18) a county park ranger commissioned under
73	73	Subchapter E, Chapter 351, Local Government Code;
74	74	(19) an investigator employed by the Texas Racing
75	75	Commission;
76	76	(20) an officer commissioned under Chapter 554,
77	77	Occupations Code;
78	78	(21) an officer commissioned by the governing body of
79	79	a metropolitan rapid transit authority under Section 451.108,
80	80	Transportation Code, or a regional transportation authority under
81	81	Section 452.110, Transportation Code;
82	82	(22) an investigator commissioned by the attorney
83	83	general under Section 402.009, Government Code;
84	84	(23) a security officer or investigator commissioned
85	85	as a peace officer under Chapter 466, Government Code;
86	86	(24) an officer appointed by an appellate court under
87	87	Subchapter F, Chapter 53, Government Code;
88	88	(25) an officer commissioned by the state fire marshal
89	89	under Chapter 417, Government Code;
90	90	(26) an investigator commissioned by the commissioner
91	91	of insurance under Section 701.104, Insurance Code;
92	92	(27) an officer appointed by the inspector general of
93	93	[apprehension specialist or inspector general commissioned by] the
94	94	Texas Juvenile Justice Department [as an officer] under Section
95	95	242.102 [or 243.052], Human Resources Code;
96	96	(28) an officer appointed by the inspector general of
97	97	the Texas Department of Criminal Justice under Section 493.019,
98	98	Government Code;
99	99	(29) an investigator commissioned by the Texas
100	100	Commission on Law Enforcement under Section 1701.160, Occupations
101	101	Code;
102	102	(30) a fire marshal or any related officer, inspector,
103	103	or investigator commissioned by a county under Subchapter B,
104	104	Chapter 352, Local Government Code;
105	105	(31) a fire marshal or any officer, inspector, or
106	106	investigator commissioned by an emergency services district under
107	107	Chapter 775, Health and Safety Code;
108	108	(32) a fire marshal or any officer, inspector, or
109	109	investigator of a municipality who holds a permanent peace officer
110	110	license issued under Chapter 1701, Occupations Code;
111	111	(33) an officer commissioned by the State Board of
112	112	Dental Examiners under Section 254.013, Occupations Code, subject
113	113	to the limitations imposed by that section; [and]
114	114	(34) [(33)] an Alamo complex ranger commissioned by
115	115	the General Land Office under Section 31.0515, Natural Resources
116	116	Code, subject to the limitations imposed by that section; and
117	117	(35) an officer commissioned by the Texas Education
118	118	Agency as an officer under Section 37.1031, Education Code
119	119	[investigator commissioned by the Texas Juvenile Justice
120	120	Department as an officer under Section 221.011, Human Resources
121	121	Code].
122	122	SECTION 2. Section 7.021, Education Code, is amended by
123	123	adding Subsection (d) to read as follows:
124	124	(d) The agency may commission peace officers as provided by
125	125	Section 37.1031 to enforce Subchapter D, Chapter 37.
126	126	SECTION 3. Section 37.0814, Education Code, is amended by
127	127	adding Subsection (d-1) to read as follows:
128	128	(d-1) A good cause exception claimed by the board of
129	129	trustees of a school district under Subsection (c) expires on the
130	130	fifth anniversary of the date the exception is claimed. On the
131	131	expiration of the exception, the board must reevaluate whether the
132	132	board is able to comply with this section and, if not, renew:
133	133	(1) the claim for an exception under Subsection (c);
134	134	and
135	135	(2) the alternative standard developed under
136	136	Subsection (d).
137	137	SECTION 4. Subchapter D, Chapter 37, Education Code, is
138	138	amended by adding Section 37.1031 to read as follows:
139	139	Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may
140	140	commission as a peace officer to enforce this subchapter an
141	141	employee who has been certified as qualified to be a peace officer
142	142	by the Texas Commission on Law Enforcement.
143	143	(b) An employee commissioned as a peace officer under this
144	144	section has the powers, privileges, and immunities of a peace
145	145	officer while carrying out duties as a peace officer under this
146	146	subchapter.
147	147	SECTION 5. Section 37.108(f), Education Code, is amended to
148	148	read as follows:
149	149	(f) A school district shall include in its multihazard
150	150	emergency operations plan:
151	151	(1) a chain of command that designates the individual
152	152	responsible for making final decisions during a disaster or
153	153	emergency situation and identifies other individuals responsible
154	154	for making those decisions if the designated person is unavailable;
155	155	(2) provisions that address physical and
156	156	psychological safety for responding to a natural disaster, active
157	157	shooter, and any other dangerous scenario identified for purposes
158	158	of this section by the agency or the Texas School Safety Center;
159	159	(3) provisions for ensuring the safety of students in
160	160	portable buildings;
161	161	(4) provisions for ensuring that students and district
162	162	personnel with disabilities are provided equal access to safety
163	163	during a disaster or emergency situation;
164	164	(5) provisions for providing immediate notification
165	165	to parents, guardians, and other persons standing in parental
166	166	relation in circumstances involving a significant threat to the
167	167	health or safety of students, including identification of the
168	168	individual with responsibility for overseeing the notification;
169	169	(6) provisions for supporting the psychological
170	170	safety of students, district personnel, and the community during
171	171	the response and recovery phase following a disaster or emergency
172	172	situation that:
173	173	(A) are aligned with best practice-based
174	174	programs and research-based practices recommended under Section
175	175	38.351;
176	176	(B) include strategies for ensuring any required
177	177	professional development training for suicide prevention and
178	178	grief-informed and trauma-informed care is provided to appropriate
179	179	school personnel;
180	180	(C) include training on integrating
181	181	psychological safety and suicide prevention strategies into the
182	182	district's plan, such as psychological first aid for schools
183	183	training, from an approved list of recommended training established
184	184	by the commissioner and Texas School Safety Center for:
185	185	(i) members of the district's school safety
186	186	and security committee under Section 37.109;
187	187	(ii) district school counselors and mental
188	188	health professionals; and
189	189	(iii) educators and other district
190	190	personnel as determined by the district;
191	191	(D) include strategies and procedures for
192	192	integrating and supporting physical and psychological safety that
193	193	align with the provisions described by Subdivision (2); and
194	194	(E) implement trauma-informed policies;
195	195	(7) a policy for providing a substitute teacher access
196	196	to school campus buildings and materials necessary for the
197	197	substitute teacher to carry out the duties of a district employee
198	198	during an emergency or a mandatory emergency drill;
199	199	(8) provisions, as determined by the agency, for
200	200	ensuring the safety of students, staff, and spectators during
201	201	extracurricular activities sponsored or sanctioned by the
202	202	district;
203	203	(9) the name of each individual on the district's
204	204	school safety and security committee established under Section
205	205	37.109 and the date of each committee meeting during the preceding
206	206	year; and
207	207	(10) [(9)] certification that the district is in
208	208	compliance with Section 37.117.
209	209	SECTION 6. Subchapter D, Chapter 37, Education Code, is
210	210	amended by adding Section 37.1088 to read as follows:
211	211	Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not
212	212	later than December 31 of each year, the agency shall prepare and
213	213	submit to the governor, the lieutenant governor, the speaker of the
214	214	house of representatives, and each standing committee of each house
215	215	of the legislature with primary jurisdiction over primary and
216	216	secondary education, finance, and appropriations a report that
217	217	includes the deidentified results of the vulnerability assessments
218	218	and intruder detection audits conducted under Sections 37.1083 and
219	219	37.1084 during the preceding year.
220	220	(b) The report under Subsection (a) must include
221	221	recommendations and possible corrective actions for specific
222	222	deficiencies in campus security identified at multiple school
223	223	districts and open-enrollment charter schools.
224	224	SECTION 7. Section 37.222(b), Education Code, is amended to
225	225	read as follows:
226	226	(b) At least three times each school year, each [Each]
227	227	school district and open-enrollment charter school shall provide
228	228	the information and other resources described under Subsection (a)
229	229	to the parent or guardian of each student enrolled in the district
230	230	or school.
231	231	SECTION 8. Section 37.353, Education Code, is amended by
232	232	adding Subsection (c) to read as follows:
233	233	(c) A good cause exception claimed by a school district
234	234	under Subsection (a) expires on the fifth anniversary of the date on
235	235	which the exception is claimed. On the expiration of the exception,
236	236	the district must reevaluate whether the district is able to comply
237	237	with each school facility standard related to safety and security,
238	238	and if not, renew:
239	239	(1) the claim for an exception under Subsection (a);
240	240	and
241	241	(2) the alternative performance standard developed
242	242	under Subsection (b).
243	243	SECTION 9. Sections 85.024(a) and (b), Local Government
244	244	Code, are amended to read as follows:
245	245	(a) The sheriff of a county with a total population of less
246	246	than 350,000 in which a public school is located shall call and
247	247	conduct a meeting at least twice each year [semiannual meetings] to
248	248	discuss:
249	249	(1) school safety;
250	250	(2) coordinated law enforcement response to school
251	251	violence incidents;
252	252	(3) law enforcement agency capabilities;
253	253	(4) available resources;
254	254	(5) emergency radio interoperability;
255	255	(6) chain of command planning; and
256	256	(7) other related subjects proposed by a person in
257	257	attendance at the meeting.
258	258	(b) The sheriff of a county to which this section applies in
259	259	which more than one public school is located is only required to
260	260	hold one [semiannual] meeting described by Subsection (a) for all
261	261	the public schools located in the county. This subsection does not
262	262	require public schools located within the same county to adopt the
263	263	same school safety policies.
264	264	SECTION 10. This Act applies beginning with the 2025-2026
265	265	school year.
266	266	SECTION 11. To the extent of any conflict, this Act prevails
267	267	over another Act of the 89th Legislature, Regular Session, 2025,
268	268	relating to nonsubstantive additions to and corrections in enacted
269	269	codes.
270	270	SECTION 12. This Act takes effect immediately if it
271	271	receives a vote of two-thirds of all the members elected to each
272	272	house, as provided by Section 39, Article III, Texas Constitution.
273	273	If this Act does not receive the vote necessary for immediate
274	274	effect, this Act takes effect September 1, 2025.