BILL ANALYSIS Senate Research Center S.B. 1262 89R5011 ANG-F By: Nichols Education K-16 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Last session, the legislature passed historic school safety legislation in H.B. 3. S.B. 1262 is a follow up to that bill and seeks to clean up some provisions within H.B. 3. Specifically, this bill allows the Texas Education Agency (TEA) to commission peace officers, requires districts to renew a good cause exception for the armed guard requirement every five years, requires TEA to create a school safety report outlining the results of district vulnerability assessments and intruder detection audits, and further clarifies existing statute. As proposed, S.B. 1262 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 2A.001, Code of Criminal Procedure, 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 further amends it as follows: Art. 2A.001. PEACE OFFICERS GENERALLY. Provides that the following are peace officers: (1)-(7) makes no changes to these subdivisions; (8) an officer commissioned under certain provisions, including Section 37.0818 (Private School Peace Officers), Education Code; (9)-(26) makes no changes to these subdivisions; (27) an officer appointed by the inspector general of the Texas Juvenile Justice Department (TJJD) under Section 242.102 (Office of Inspector General), rather than an apprehension specialist or inspector general commissioned by TJJD as an officer under Section 242.102 or 243.052 (Apprehension Specialists), Human Resources Code; (28)-(31) makes no changes to these subdivisions; (32) a fire marshal or any officer, inspector, or investigator of a municipality who holds a permanent peace officer license issued under Chapter 1701 (Law Enforcement Officers), Occupations Code; (33) redesignates existing Subdivision (32) as Subdivision (33) and makes a nonsubstantive change; (34) an Alamo complex ranger commissioned by the General Land Office under Section 31.0515 (Duties Related to the Alamo Complex), Natural Resources Code, subject to the limitations imposed by that section; and (35) an officer commissioned by the Texas Education Agency (TEA) as an officer under Section 37.1031, Education Code. Deletes existing text providing that an investigator commissioned by TJJD as an officer under Section 221.011, Human Resources Code, is a peace officer. Makes nonsubstantive changes. SECTION 2. Amends Section 7.021, Education Code, by adding Subsection (d) to authorize TEA to commission peace officers as provided by Section 37.1031 to enforce Subchapter D (Protection of Buildings and Grounds), Chapter 37 (Discipline; Law and Order). SECTION 3. Amends Section 37.0814, Education Code, by adding Subsection (d-1), as follows: (d-1) Provides that a good cause exception claimed by the board of trustees of a school district (board) under Subsection (c) (relating to authorizing the board to claim a good cause exception under certain circumstances involving noncompliance with armed security requirements) expires on the fifth anniversary of the date the exception is claimed. Requires the board, on the expiration of the exception, to reevaluate whether the board is able to comply with this section and, if not, renew the claim for an exception under Subsection (c) and the alternative standard developed under Subsection (d) (relating to requiring the board that claims a good cause exception to develop alternative compliance standards). SECTION 4. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1031, as follows: Sec. 37.1031. AGENCY PEACE OFFICERS. (a) Authorizes TEA to 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) Provides that 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. Amends Section 37.108(f), Education Code, as follows: (f) Requires a school district to include in its multihazard emergency operations plan certain provisions, including provisions, as determined by TEA, for ensuring the safety of students, staff, and spectators during extracurricular activities sponsored or sanctioned by the district. Makes nonsubstantive changes. SECTION 6. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1088, as follows: Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Requires TEA, not later than December 31 of each year, to 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 (Agency Monitoring of School District Safety and Security Requirements) and 37.1084 (Regional School Safety Review Teams) during the preceding year. (b) Requires that the report under Subsection (a) include recommendations and possible corrective actions for specific deficiencies in campus security identified at multiple school districts and open-enrollment charter schools. SECTION 7. Amends Section 37.222(b), Education Code, as follows: (b) Requires each school district and open-enrollment charter school, at least three times each school year, to provide the information and other resources described under Subsection (a) (relating to requiring the Texas School Safety Center to provide to certain education entities certain resources regarding the safe storage of firearms) to the parent or guardian of each student enrolled in the district or school. Makes a nonsubstantive change. SECTION 8. Amends Section 37.353, Education Code, by adding Subsection (c), as follows: (c) Provides that a good cause exception claimed by a school district under Subsection (a) (relating to authorizing a school district to claim a good cause exception under certain circumstances involving noncompliance with a safety and security standard) expires on the fifth anniversary of the date on which the exception is claimed. Requires the district, on the expiration of the exception, to reevaluate whether the district is able to comply with each school facility standard related to safety and security, and if not, renew the claim for an exception under Subsection (a) and the alternative performance standard developed under Subsection (b) (relating to requiring a school district that claims a good cause exception to develop an alternative compliance standard). SECTION 9. Amends Sections 85.024(a) and (b), Local Government Code, as follows: (a) Requires the sheriff of a county with a total population of less than 350,000 in which a public school is located to call and conduct a meeting at least twice each year, rather than call and conduct semiannual meetings, to discuss certain subjects. (b) Provides that the sheriff of a county to which Section 85.024 (School Safety Meetings) applies in which more than one public school is located is only required to hold one meeting described by Subsection (a) for all the public schools located in the county, rather than one semiannual meeting described by Subsection (a). SECTION 10. Provides that this Act applies beginning with the 20252026 school year. SECTION 11. Provides that, 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. Effective date: upon passage or September 1, 2025. BILL ANALYSIS Senate Research Center S.B. 1262 89R5011 ANG-F By: Nichols Education K-16 3/28/2025 As Filed Senate Research Center S.B. 1262 89R5011 ANG-F By: Nichols Education K-16 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Last session, the legislature passed historic school safety legislation in H.B. 3. S.B. 1262 is a follow up to that bill and seeks to clean up some provisions within H.B. 3. Specifically, this bill allows the Texas Education Agency (TEA) to commission peace officers, requires districts to renew a good cause exception for the armed guard requirement every five years, requires TEA to create a school safety report outlining the results of district vulnerability assessments and intruder detection audits, and further clarifies existing statute. As proposed, S.B. 1262 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 2A.001, Code of Criminal Procedure, 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 further amends it as follows: Art. 2A.001. PEACE OFFICERS GENERALLY. Provides that the following are peace officers: (1)-(7) makes no changes to these subdivisions; (8) an officer commissioned under certain provisions, including Section 37.0818 (Private School Peace Officers), Education Code; (9)-(26) makes no changes to these subdivisions; (27) an officer appointed by the inspector general of the Texas Juvenile Justice Department (TJJD) under Section 242.102 (Office of Inspector General), rather than an apprehension specialist or inspector general commissioned by TJJD as an officer under Section 242.102 or 243.052 (Apprehension Specialists), Human Resources Code; (28)-(31) makes no changes to these subdivisions; (32) a fire marshal or any officer, inspector, or investigator of a municipality who holds a permanent peace officer license issued under Chapter 1701 (Law Enforcement Officers), Occupations Code; (33) redesignates existing Subdivision (32) as Subdivision (33) and makes a nonsubstantive change; (34) an Alamo complex ranger commissioned by the General Land Office under Section 31.0515 (Duties Related to the Alamo Complex), Natural Resources Code, subject to the limitations imposed by that section; and (35) an officer commissioned by the Texas Education Agency (TEA) as an officer under Section 37.1031, Education Code. Deletes existing text providing that an investigator commissioned by TJJD as an officer under Section 221.011, Human Resources Code, is a peace officer. Makes nonsubstantive changes. SECTION 2. Amends Section 7.021, Education Code, by adding Subsection (d) to authorize TEA to commission peace officers as provided by Section 37.1031 to enforce Subchapter D (Protection of Buildings and Grounds), Chapter 37 (Discipline; Law and Order). SECTION 3. Amends Section 37.0814, Education Code, by adding Subsection (d-1), as follows: (d-1) Provides that a good cause exception claimed by the board of trustees of a school district (board) under Subsection (c) (relating to authorizing the board to claim a good cause exception under certain circumstances involving noncompliance with armed security requirements) expires on the fifth anniversary of the date the exception is claimed. Requires the board, on the expiration of the exception, to reevaluate whether the board is able to comply with this section and, if not, renew the claim for an exception under Subsection (c) and the alternative standard developed under Subsection (d) (relating to requiring the board that claims a good cause exception to develop alternative compliance standards). SECTION 4. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1031, as follows: Sec. 37.1031. AGENCY PEACE OFFICERS. (a) Authorizes TEA to 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) Provides that 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. Amends Section 37.108(f), Education Code, as follows: (f) Requires a school district to include in its multihazard emergency operations plan certain provisions, including provisions, as determined by TEA, for ensuring the safety of students, staff, and spectators during extracurricular activities sponsored or sanctioned by the district. Makes nonsubstantive changes. SECTION 6. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1088, as follows: Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Requires TEA, not later than December 31 of each year, to 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 (Agency Monitoring of School District Safety and Security Requirements) and 37.1084 (Regional School Safety Review Teams) during the preceding year. (b) Requires that the report under Subsection (a) include recommendations and possible corrective actions for specific deficiencies in campus security identified at multiple school districts and open-enrollment charter schools. SECTION 7. Amends Section 37.222(b), Education Code, as follows: (b) Requires each school district and open-enrollment charter school, at least three times each school year, to provide the information and other resources described under Subsection (a) (relating to requiring the Texas School Safety Center to provide to certain education entities certain resources regarding the safe storage of firearms) to the parent or guardian of each student enrolled in the district or school. Makes a nonsubstantive change. SECTION 8. Amends Section 37.353, Education Code, by adding Subsection (c), as follows: (c) Provides that a good cause exception claimed by a school district under Subsection (a) (relating to authorizing a school district to claim a good cause exception under certain circumstances involving noncompliance with a safety and security standard) expires on the fifth anniversary of the date on which the exception is claimed. Requires the district, on the expiration of the exception, to reevaluate whether the district is able to comply with each school facility standard related to safety and security, and if not, renew the claim for an exception under Subsection (a) and the alternative performance standard developed under Subsection (b) (relating to requiring a school district that claims a good cause exception to develop an alternative compliance standard). SECTION 9. Amends Sections 85.024(a) and (b), Local Government Code, as follows: (a) Requires the sheriff of a county with a total population of less than 350,000 in which a public school is located to call and conduct a meeting at least twice each year, rather than call and conduct semiannual meetings, to discuss certain subjects. (b) Provides that the sheriff of a county to which Section 85.024 (School Safety Meetings) applies in which more than one public school is located is only required to hold one meeting described by Subsection (a) for all the public schools located in the county, rather than one semiannual meeting described by Subsection (a). SECTION 10. Provides that this Act applies beginning with the 20252026 school year. SECTION 11. Provides that, 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. Effective date: upon passage or September 1, 2025.