89R5011 ANG-F
By: King H.B. No. 3351
A BILL TO BE ENTITLED
AN ACT
relating to measures for ensuring public school safety, including
the commissioning of peace officers by the Texas Education Agency,
public school safety and security requirements, and the provision
of safety-related resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.001, Code of Criminal Procedure, is
amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
Regular Session, 2023, and is further amended to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081 or
37.0818, Education Code, or Subchapter E, Chapter 51, Education
Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) an officer appointed by the inspector general of
[apprehension specialist or inspector general commissioned by] the
Texas Juvenile Justice Department [as an officer] under Section
242.102 [or 243.052], Human Resources Code;
(28) an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) a fire marshal or any officer, inspector, or
investigator of a municipality who holds a permanent peace officer
license issued under Chapter 1701, Occupations Code;
(33) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; [and]
(34) [(33)] an Alamo complex ranger commissioned by
the General Land Office under Section 31.0515, Natural Resources
Code, subject to the limitations imposed by that section; and
(35) an officer commissioned by the Texas Education
Agency as an officer under Section 37.1031, Education Code
[investigator commissioned by the Texas Juvenile Justice
Department as an officer under Section 221.011, Human Resources
Code].
SECTION 2. Section 7.021, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) The agency may commission peace officers as provided by
Section 37.1031 to enforce Subchapter D, Chapter 37.
SECTION 3. Section 37.0814, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) A good cause exception claimed by the board of
trustees of a school district under Subsection (c) expires on the
fifth anniversary of the date the exception is claimed. On the
expiration of the exception, the board must reevaluate whether the
board is able to comply with this section and, if not, renew:
(1) the claim for an exception under Subsection (c);
and
(2) the alternative standard developed under
Subsection (d).
SECTION 4. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1031 to read as follows:
Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may
commission as a peace officer to enforce this subchapter an
employee who has been certified as qualified to be a peace officer
by the Texas Commission on Law Enforcement.
(b) An employee commissioned as a peace officer under this
section has the powers, privileges, and immunities of a peace
officer while carrying out duties as a peace officer under this
subchapter.
SECTION 5. Section 37.108(f), Education Code, is amended to
read as follows:
(f) A school district shall include in its multihazard
emergency operations plan:
(1) a chain of command that designates the individual
responsible for making final decisions during a disaster or
emergency situation and identifies other individuals responsible
for making those decisions if the designated person is unavailable;
(2) provisions that address physical and
psychological safety for responding to a natural disaster, active
shooter, and any other dangerous scenario identified for purposes
of this section by the agency or the Texas School Safety Center;
(3) provisions for ensuring the safety of students in
portable buildings;
(4) provisions for ensuring that students and district
personnel with disabilities are provided equal access to safety
during a disaster or emergency situation;
(5) provisions for providing immediate notification
to parents, guardians, and other persons standing in parental
relation in circumstances involving a significant threat to the
health or safety of students, including identification of the
individual with responsibility for overseeing the notification;
(6) provisions for supporting the psychological
safety of students, district personnel, and the community during
the response and recovery phase following a disaster or emergency
situation that:
(A) are aligned with best practice-based
programs and research-based practices recommended under Section
38.351;
(B) include strategies for ensuring any required
professional development training for suicide prevention and
grief-informed and trauma-informed care is provided to appropriate
school personnel;
(C) include training on integrating
psychological safety and suicide prevention strategies into the
district's plan, such as psychological first aid for schools
training, from an approved list of recommended training established
by the commissioner and Texas School Safety Center for:
(i) members of the district's school safety
and security committee under Section 37.109;
(ii) district school counselors and mental
health professionals; and
(iii) educators and other district
personnel as determined by the district;
(D) include strategies and procedures for
integrating and supporting physical and psychological safety that
align with the provisions described by Subdivision (2); and
(E) implement trauma-informed policies;
(7) a policy for providing a substitute teacher access
to school campus buildings and materials necessary for the
substitute teacher to carry out the duties of a district employee
during an emergency or a mandatory emergency drill;
(8) provisions, as determined by the agency, for
ensuring the safety of students, staff, and spectators during
extracurricular activities sponsored or sanctioned by the
district;
(9) the name of each individual on the district's
school safety and security committee established under Section
37.109 and the date of each committee meeting during the preceding
year; and
(10) [(9)] certification that the district is in
compliance with Section 37.117.
SECTION 6. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1088 to read as follows:
Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not
later than December 31 of each year, the agency shall prepare and
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and each standing committee of each house
of the legislature with primary jurisdiction over primary and
secondary education, finance, and appropriations a report that
includes the deidentified results of the vulnerability assessments
and intruder detection audits conducted under Sections 37.1083 and
37.1084 during the preceding year.
(b) The report under Subsection (a) must include
recommendations and possible corrective actions for specific
deficiencies in campus security identified at multiple school
districts and open-enrollment charter schools.
SECTION 7. Section 37.222(b), Education Code, is amended to
read as follows:
(b) At least three times each school year, each [Each]
school district and open-enrollment charter school shall provide
the information and other resources described under Subsection (a)
to the parent or guardian of each student enrolled in the district
or school.
SECTION 8. Section 37.353, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A good cause exception claimed by a school district
under Subsection (a) expires on the fifth anniversary of the date on
which the exception is claimed. On the expiration of the exception,
the district must reevaluate whether the district is able to comply
with each school facility standard related to safety and security,
and if not, renew:
(1) the claim for an exception under Subsection (a);
and
(2) the alternative performance standard developed
under Subsection (b).
SECTION 9. Sections 85.024(a) and (b), Local Government
Code, are amended 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 a meeting at least twice each year [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) other related subjects proposed by a person in
attendance at the meeting.
(b) The sheriff of a county to which this section applies in
which more than one public school is located is only required to
hold one [semiannual] meeting described by Subsection (a) for all
the public schools located in the county. This subsection does not
require public schools located within the same county to adopt the
same school safety policies.
SECTION 10. This Act applies beginning with the 2025-2026
school year.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.