By: Guillen H.B. No. 462
A BILL TO BE ENTITLED
AN ACT
relating to the armed security officers required to be present at
public schools and the permissible uses of the school safety
allotment and the creation of a mental health allotment under the
Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0814(b), Education Code, is amended
to read as follows:
(b) A security officer described by Subsection (a) must be:
(1) a school district peace officer;
(2) a school resource officer; [or]
(3) a commissioned peace officer employed as security
personnel under Section 37.081; or
(4) a canine unit, as defined by Section 108.001,
Business & Commerce Code.
SECTION 2. Section 48.115, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-2) and
(a-3) to read as follows:
(a) Except as provided by Subsection (a-1) and subject to
Subsection (a-2), a school district is entitled to an annual
allotment equal to the sum of the following amounts or a greater
amount provided by appropriation:
(1) $100 [$10] for each student in average daily
attendance, plus $1 for each student in average daily attendance
per every $50 by which the district's maximum basic allotment under
Section 48.051 exceeds $6,160, prorated as necessary; and
(2) $100,000 [$15,000] per campus.
(a-2) To be eligible to receive an allotment under this
section, a school district must ensure that:
(1) at least one security officer described by Section
37.0814(b) armed with a firearm is present at each district campus
during regular school hours; and
(2) at least one school marshal or security officer
described by Section 37.0814(b) who has received training
comparable to the training required for a school marshal under
Section 1701.260(c), Occupations Code, and is armed with a firearm
is appointed, assigned, or employed by the district for every 200
students enrolled at the district.
(a-3) Requirements under subsection (a-2)(2) can also be
met via at least one remote-human-operated aerial device described
by Article 2.33(a)(1), Code of Criminal Procedure, deployed or
contracted by the district at each district campus providing less
lethal interdiction capability by means of air-based irritant
delivery or other mechanisms for every 200 students enrolled at the
district.
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities in accordance with the
requirements of Section 37.351, including:
(A) improvements to school infrastructure;
(B) the use or installation of perimeter security
fencing conducive to a public school learning environment or
physical barriers, which may not include razor wire;
(C) exterior door and window safety and security
upgrades, including exterior door numbering and locking systems and
security film that provides resistance to a forced entry; and
(D) the purchase and maintenance of:
(i) security cameras and, if the district
has already installed security cameras, other security equipment,
including video surveillance as provided by Section 29.022; and
(ii) technology, including communications
systems or devices, such as silent panic alert devices, two-way
radios, or wireless Internet booster equipment, that facilitates
communication and information sharing between students, school
personnel, and first responders in an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security measures, including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including the establishment of
[:
(i) providing licensed counselors, social
workers, chaplains, and individuals trained in restorative
discipline and restorative justice practices;
(ii) providing mental health personnel and
support, including chaplains;
(iii) providing behavioral health
services, including services provided by chaplains;
(iv)] threat reporting systems;[and
(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support, including
support provided by chaplains;]
[(4) providing programs related to suicide prevention,
intervention, and postvention, including programs provided by
chaplains;] and
(4) [(5)] employing a school safety director and other
personnel to manage and monitor school safety initiatives and the
implementation of school safety requirements for the district.
SECTION 3. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.117 to read as follows:
Sec. 48.117. MENTAL HEALTH ALLOTMENT. (a) A school
district is entitled to an annual allotment of $100,000 or a greater
amount provided by appropriation to support mental health services
at the district.
(b) In addition to the allotment under Subsection (a), a
school district that receives an allotment under Section 48.101 or
at which more than 50 percent of enrolled students are
educationally disadvantaged is entitled to an allotment for each
student enrolled in the district in an amount provided by
appropriation.
(c) Funds allocated under this section:
(1) must be used to develop or enhance a comprehensive
school mental health system that, through the implementation of
programs, practices, and procedures in accordance with Section
38.351, provides a tiered array of supports and services in the
educational setting, including support provided by chaplains, that
contribute to:
(A) a positive school climate;
(B) the development of skills related to managing
emotions, establishing and maintaining positive relationships, and
responsible decision-making;
(C) the learning and well-being of students with
or at risk of mental health or substance use conditions;
(D) family and community engagement;
(E) reduced exclusionary discipline practices;
and
(F) staff wellness; and
(2) may be used to pay for costs associated with:
(A) the salary of school personnel, including
chaplains, responsible for planning, coordinating, delivering, or
monitoring supports and services described by Subdivision (1);
(B) training school personnel regarding
effective practices and district and campus procedures to support
student mental health;
(C) a contract-based collaborative effort or
partnership with one or more local community programs, agencies, or
providers, including programs provided by chaplains; and
(D) developing and implementing programs focused
on restorative justice practices, including programs provided by
chaplains.
(d) Funds allocated for purposes of this section may not be
used to supplant any other funds that may be provided for the same
purpose.
(e) Not later than June 1 of each year and in accordance with
commissioner rule, each school district shall submit to the
commissioner information regarding the outcomes and expenditures
related to funds allocated to the district under this section.
(f) Not later than September 1 of each year, the
commissioner shall publish a report regarding the use of funds
allocated under this section during the preceding school year,
including information regarding the programs, personnel, and
resources implemented, employed, or purchased by school districts
using the funds and other purposes for which the funds were used.
SECTION 4. This Act takes effect September 1, 2025.