2 | 4 | | |
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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to a school security volunteer program in certain |
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7 | 9 | | counties. |
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8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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10 | 12 | | amended by adding Section 37.0817 to read as follows: |
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11 | 13 | | Sec. 37.0817. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In |
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12 | 14 | | this section: |
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13 | 15 | | (1) "Honorably retired" has the meaning assigned by |
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14 | 16 | | Section 411.199(c), Government Code. |
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15 | 17 | | (2) "Qualified retired law enforcement officer" means |
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16 | 18 | | a person who: |
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17 | 19 | | (A) meets the qualifications provided by 18 |
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18 | 20 | | U.S.C. Section 926C(c); and |
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19 | 21 | | (B) is honorably retired. |
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20 | 22 | | (3) "Veteran" has the meaning assigned by Section |
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21 | 23 | | 521.1235, Transportation Code. |
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22 | 24 | | (b) This section applies only to a school district or |
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23 | 25 | | open-enrollment charter school located in a county with a |
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24 | 26 | | population of less than one million. |
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25 | 27 | | (c) The board of trustees of a school district to which this |
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26 | 28 | | section applies, or the governing body of an open-enrollment |
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27 | 29 | | charter school to which this section applies, may approve a program |
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28 | 30 | | under which the district or school provides written regulations or |
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29 | 31 | | written authorization for eligible persons to serve as school |
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30 | 32 | | security volunteers by: |
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31 | 33 | | (1) providing security services for the district or |
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32 | 34 | | school on school grounds, including any location in which an |
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33 | 35 | | activity sponsored by the district or school is being conducted, |
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34 | 36 | | and in school vehicles; and |
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35 | 37 | | (2) carrying a handgun in providing the security |
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36 | 38 | | services under Subdivision (1). |
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37 | 39 | | (d) A person is eligible to serve as a school security |
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38 | 40 | | volunteer for a program approved under this section only if: |
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39 | 41 | | (1) the person is not: |
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40 | 42 | | (A) an employee of the district or school; |
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41 | 43 | | (B) a contractor providing services under a |
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42 | 44 | | contract with the district or school; or |
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43 | 45 | | (C) a person who otherwise receives compensation |
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44 | 46 | | or remuneration from the district or school; |
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45 | 47 | | (2) the person is: |
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46 | 48 | | (A) a qualified retired law enforcement officer; |
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47 | 49 | | or |
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48 | 50 | | (B) a veteran; and |
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49 | 51 | | (3) the board of trustees or governing body determines |
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50 | 52 | | the person is eligible based on the results of a criminal background |
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51 | 53 | | check conducted on the person using criminal history record |
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52 | 54 | | information obtained by the district or school in accordance with |
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53 | 55 | | Section 22.0835. |
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54 | 56 | | (e) A school district that approves a program under this |
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55 | 57 | | section must include the program in the district's multihazard |
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56 | 58 | | emergency operations plan required under Section 37.108. An |
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57 | 59 | | open-enrollment charter school that approves a program under this |
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58 | 60 | | section must adopt and implement measures to ensure, in an |
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59 | 61 | | emergency, coordination with the Department of State Health |
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60 | 62 | | Services and local emergency management agencies, law enforcement |
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61 | 63 | | agencies, health departments, and fire departments. |
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62 | 64 | | (f) A school district or open-enrollment charter school |
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63 | 65 | | that approves a program under this section must provide to each |
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64 | 66 | | school security volunteer a course of instruction on the safety and |
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65 | 67 | | security policies of the district or school. A district must |
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66 | 68 | | include instruction about the district's multihazard emergency |
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67 | 69 | | operations plan adopted under Section 37.108. |
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68 | 70 | | (g) A school district or open-enrollment charter school |
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69 | 71 | | that approves a program under this section must: |
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70 | 72 | | (1) provide to each person serving as a school |
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71 | 73 | | security volunteer under the program a uniform that clearly |
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72 | 74 | | identifies the person as a school security volunteer; and |
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73 | 75 | | (2) require each school security volunteer to wear a |
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74 | 76 | | uniform described by Subdivision (1) while providing security |
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75 | 77 | | services at the district or school in the manner provided under |
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76 | 78 | | Subsection (c). |
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77 | 79 | | (h) A person who serves as a school security volunteer under |
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78 | 80 | | this section is not a commissioned peace officer or a school |
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79 | 81 | | resource officer, as defined by Section 1701.601, Occupations Code, |
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80 | 82 | | and may not, in providing security services in the manner allowed |
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81 | 83 | | under Subsection (c), engage in law enforcement activities or |
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82 | 84 | | otherwise exercise powers or duties reserved to commissioned peace |
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83 | 85 | | officers or school resource officers under this chapter or other |
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84 | 86 | | law. |
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85 | 87 | | (i) A school security volunteer is immune from civil |
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86 | 88 | | liability to the same extent as a professional employee of a school |
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87 | 89 | | district under Section 22.0511. This subsection does not limit the |
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88 | 90 | | liability of a person for intentional misconduct or gross |
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89 | 91 | | negligence. |
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90 | 92 | | SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is |
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91 | 93 | | amended by adding Section 1702.334 to read as follows: |
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92 | 94 | | Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter |
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93 | 95 | | does not apply to a person who serves as a school security volunteer |
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94 | 96 | | for a school district or open-enrollment charter school under a |
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95 | 97 | | program adopted under Section 37.0817, Education Code. |
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96 | 98 | | SECTION 3. The change in law made by this Act applies |
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97 | 99 | | beginning with the 2025-2026 school year. |
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98 | 100 | | SECTION 4. This Act takes effect immediately if it receives |
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99 | 101 | | a vote of two-thirds of all the members elected to each house, as |
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100 | 102 | | provided by Section 39, Article III, Texas Constitution. If this |
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101 | 103 | | Act does not receive the vote necessary for immediate effect, this |
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102 | 104 | | Act takes effect September 1, 2025. |
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