20 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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21 | 14 | | SECTION 1. Article 2A.001, Code of Criminal Procedure, is |
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22 | 15 | | amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1, |
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23 | 16 | | Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and |
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24 | 17 | | Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, |
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25 | 18 | | Regular Session, 2023, and is further amended to read as follows: |
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26 | 19 | | Art. 2A.001. PEACE OFFICERS GENERALLY. The following are |
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27 | 20 | | peace officers: |
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28 | 21 | | (1) a sheriff, a sheriff's deputy, or a reserve deputy |
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29 | 22 | | sheriff who holds a permanent peace officer license issued under |
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30 | 23 | | Chapter 1701, Occupations Code; |
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31 | 24 | | (2) a constable, a deputy constable, or a reserve |
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32 | 25 | | deputy constable who holds a permanent peace officer license issued |
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33 | 26 | | under Chapter 1701, Occupations Code; |
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34 | 27 | | (3) a marshal or police officer of a municipality or a |
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35 | 28 | | reserve municipal police officer who holds a permanent peace |
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36 | 29 | | officer license issued under Chapter 1701, Occupations Code; |
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37 | 30 | | (4) a ranger, officer, or member of the reserve |
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38 | 31 | | officer corps commissioned by the Public Safety Commission and the |
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39 | 32 | | director of the Department of Public Safety; |
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40 | 33 | | (5) an investigator of a district attorney's, criminal |
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41 | 34 | | district attorney's, or county attorney's office; |
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42 | 35 | | (6) a law enforcement agent of the Texas Alcoholic |
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43 | 36 | | Beverage Commission; |
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44 | 37 | | (7) a member of an arson investigating unit |
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45 | 38 | | commissioned by a municipality, a county, or the state; |
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46 | 39 | | (8) an officer commissioned under Section 37.081 or |
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47 | 40 | | 37.0818, Education Code, or Subchapter E, Chapter 51, Education |
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48 | 41 | | Code; |
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49 | 42 | | (9) an officer commissioned by the Texas Facilities |
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50 | 43 | | Commission; |
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51 | 44 | | (10) a law enforcement officer commissioned by the |
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52 | 45 | | Parks and Wildlife Commission; |
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53 | 46 | | (11) an officer commissioned under Chapter 23, |
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54 | 47 | | Transportation Code; |
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55 | 48 | | (12) a municipal park and recreational patrol officer |
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56 | 49 | | or security officer; |
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57 | 50 | | (13) a security officer or investigator commissioned |
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58 | 51 | | as a peace officer by the comptroller; |
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59 | 52 | | (14) an officer commissioned by a water control and |
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60 | 53 | | improvement district under Section 49.216, Water Code; |
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61 | 54 | | (15) an officer commissioned by a board of trustees |
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62 | 55 | | under Chapter 54, Transportation Code; |
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63 | 56 | | (16) an investigator commissioned by the Texas Medical |
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64 | 57 | | Board; |
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65 | 58 | | (17) an officer commissioned by: |
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66 | 59 | | (A) the board of managers of the Dallas County |
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67 | 60 | | Hospital District, the Tarrant County Hospital District, the Bexar |
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68 | 61 | | County Hospital District, or the El Paso County Hospital District |
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69 | 62 | | under Section 281.057, Health and Safety Code; |
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70 | 63 | | (B) the board of directors of the Ector County |
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71 | 64 | | Hospital District under Section 1024.117, Special District Local |
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72 | 65 | | Laws Code; |
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73 | 66 | | (C) the board of directors of the Midland County |
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74 | 67 | | Hospital District of Midland County, Texas, under Section 1061.121, |
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75 | 68 | | Special District Local Laws Code; or |
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76 | 69 | | (D) the board of hospital managers of the Lubbock |
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77 | 70 | | County Hospital District of Lubbock County, Texas, under Section |
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78 | 71 | | 1053.113, Special District Local Laws Code; |
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79 | 72 | | (18) a county park ranger commissioned under |
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80 | 73 | | Subchapter E, Chapter 351, Local Government Code; |
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81 | 74 | | (19) an investigator employed by the Texas Racing |
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82 | 75 | | Commission; |
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83 | 76 | | (20) an officer commissioned under Chapter 554, |
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84 | 77 | | Occupations Code; |
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85 | 78 | | (21) an officer commissioned by the governing body of |
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86 | 79 | | a metropolitan rapid transit authority under Section 451.108, |
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87 | 80 | | Transportation Code, or a regional transportation authority under |
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88 | 81 | | Section 452.110, Transportation Code; |
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89 | 82 | | (22) an investigator commissioned by the attorney |
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90 | 83 | | general under Section 402.009, Government Code; |
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91 | 84 | | (23) a security officer or investigator commissioned |
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92 | 85 | | as a peace officer under Chapter 466, Government Code; |
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93 | 86 | | (24) an officer appointed by an appellate court under |
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94 | 87 | | Subchapter F, Chapter 53, Government Code; |
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95 | 88 | | (25) an officer commissioned by the state fire marshal |
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96 | 89 | | under Chapter 417, Government Code; |
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97 | 90 | | (26) an investigator commissioned by the commissioner |
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98 | 91 | | of insurance under Section 701.104, Insurance Code; |
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99 | 92 | | (27) an officer appointed by the inspector general of |
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100 | 93 | | [apprehension specialist or inspector general commissioned by] the |
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101 | 94 | | Texas Juvenile Justice Department [as an officer] under Section |
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102 | 95 | | 242.102 [or 243.052], Human Resources Code; |
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103 | 96 | | (28) an officer appointed by the inspector general of |
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104 | 97 | | the Texas Department of Criminal Justice under Section 493.019, |
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105 | 98 | | Government Code; |
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106 | 99 | | (29) an investigator commissioned by the Texas |
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107 | 100 | | Commission on Law Enforcement under Section 1701.160, Occupations |
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108 | 101 | | Code; |
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109 | 102 | | (30) a fire marshal or any related officer, inspector, |
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110 | 103 | | or investigator commissioned by a county under Subchapter B, |
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111 | 104 | | Chapter 352, Local Government Code; |
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112 | 105 | | (31) a fire marshal or any officer, inspector, or |
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113 | 106 | | investigator commissioned by an emergency services district under |
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114 | 107 | | Chapter 775, Health and Safety Code; |
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115 | 108 | | (32) a fire marshal or any officer, inspector, or |
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116 | 109 | | investigator of a municipality who holds a permanent peace officer |
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117 | 110 | | license issued under Chapter 1701, Occupations Code; |
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118 | 111 | | (33) an officer commissioned by the State Board of |
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119 | 112 | | Dental Examiners under Section 254.013, Occupations Code, subject |
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120 | 113 | | to the limitations imposed by that section; [and] |
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121 | 114 | | (34) [(33)] an Alamo complex ranger commissioned by |
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122 | 115 | | the General Land Office under Section 31.0515, Natural Resources |
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123 | 116 | | Code, subject to the limitations imposed by that section; and |
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124 | 117 | | (35) an officer commissioned by the Texas Education |
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125 | 118 | | Agency as an officer under Section 37.1031, Education Code |
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126 | 119 | | [investigator commissioned by the Texas Juvenile Justice |
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127 | 120 | | Department as an officer under Section 221.011, Human Resources |
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128 | 121 | | Code]. |
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129 | 122 | | SECTION 2. Section 7.021, Education Code, is amended by |
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130 | 123 | | adding Subsection (d) to read as follows: |
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131 | 124 | | (d) The agency may commission peace officers as provided by |
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132 | 125 | | Section 37.1031 to enforce Subchapter D, Chapter 37. |
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133 | 126 | | SECTION 3. Section 37.0814, Education Code, is amended by |
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134 | | - | amending Subsection (d) and adding Subsection (d-1) to read as |
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135 | | - | follows: |
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136 | | - | (d) The board of trustees of a school district that claims a |
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137 | | - | good cause exception under Subsection (c) must develop an |
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138 | | - | alternative standard with which the district is able to comply, |
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139 | | - | which may include providing a person to act as a security officer |
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140 | | - | who is: |
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141 | | - | (1) a school marshal; or |
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142 | | - | (2) a school district employee or a person with whom |
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143 | | - | the district contracts who: |
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144 | | - | (A) either: |
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145 | | - | (i) has completed school safety training |
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146 | | - | provided by a qualified handgun instructor certified in school |
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147 | | - | safety under Section 411.1901, Government Code; or |
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148 | | - | (ii) not later than the 180th day after the |
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149 | | - | date on which the employee or person begins duties as a security |
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150 | | - | officer, completes training deemed appropriate by the district, in |
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151 | | - | consultation with the district's police department, or, if the |
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152 | | - | district does not have a police department, a local law enforcement |
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153 | | - | agency, in: |
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154 | | - | (a) active shooter response, which |
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155 | | - | must be provided by an instructor certified by the Advanced Law |
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156 | | - | Enforcement Rapid Response Training Center at Texas State |
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157 | | - | University--San Marcos; |
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158 | | - | (b) school safety and emergency |
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159 | | - | management; |
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160 | | - | (c) crisis intervention; |
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161 | | - | (d) incident command; |
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162 | | - | (e) first aid administration; |
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163 | | - | (f) mental health; and |
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164 | | - | (g) qualifications relating to the |
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165 | | - | carrying or use of a firearm; and |
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166 | | - | (B) carries a handgun on school premises in |
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167 | | - | accordance with written regulations or written authorization of the |
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168 | | - | district under Section 46.03(a)(1)(A), Penal Code. |
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| 127 | + | adding Subsection (d-1) to read as follows: |
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188 | | - | SECTION 5. Section 37.108, Education Code, is amended by |
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189 | | - | amending Subsections (a), (c), and (f) and adding Subsection (a-1) |
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190 | | - | to read as follows: |
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191 | | - | (a) Each school district or public junior college district |
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192 | | - | shall adopt and implement a multihazard emergency operations plan |
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193 | | - | for use in the district's facilities. The plan must address |
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194 | | - | prevention, mitigation, preparedness, response, and recovery as |
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195 | | - | defined by the Texas School Safety Center in conjunction with the |
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196 | | - | governor's office of homeland security, the commissioner of |
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197 | | - | education, and the commissioner of higher education. The plan must |
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198 | | - | provide for: |
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199 | | - | (1) training in responding to an emergency for |
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200 | | - | district employees, including school district substitute teachers; |
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201 | | - | (2) measures to ensure district employees, including |
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202 | | - | school district substitute teachers, have classroom access to a |
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203 | | - | telephone, including a cellular telephone, or another electronic |
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204 | | - | communication device allowing for immediate contact with district |
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205 | | - | emergency services or emergency services agencies, law enforcement |
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206 | | - | agencies, health departments, and fire departments; |
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207 | | - | (3) measures to ensure district communications |
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208 | | - | technology and infrastructure are adequate to allow for |
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209 | | - | communication during an emergency; |
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210 | | - | (4) if the plan applies to a school district, |
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211 | | - | mandatory school drills and exercises, including drills required |
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212 | | - | under Section 37.114, to prepare district students and employees |
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213 | | - | for responding to an emergency; |
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214 | | - | (5) measures to ensure coordination with the |
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215 | | - | Department of State Health Services and local emergency management |
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216 | | - | agencies, law enforcement, health departments, and fire |
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217 | | - | departments in the event of an emergency; |
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218 | | - | (6) the implementation of a safety and security audit |
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219 | | - | as required by Subsection (b); and |
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220 | | - | (7) any other requirements established by the Texas |
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221 | | - | School Safety Center in consultation with the agency and the Texas |
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222 | | - | Higher Education Coordinating Board. |
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223 | | - | (a-1) The Texas School Safety Center shall provide to the |
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224 | | - | superintendent of each school district and to the president of each |
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225 | | - | public junior college district notice of the requirements |
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226 | | - | established under Subsection (a)(7) applicable to the district [and |
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227 | | - | relevant local law enforcement agencies]. |
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228 | | - | (c) A school district or public junior college district |
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229 | | - | shall report the results of the safety and security audit conducted |
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230 | | - | under Subsection (b) to the district's board of trustees and, in the |
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231 | | - | manner required by the Texas School Safety Center, to the Texas |
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232 | | - | School Safety Center. The district must maintain a copy of the |
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233 | | - | [The] report [provided to the Texas School Safety Center under this |
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234 | | - | subsection must be] signed by: |
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235 | | - | (1) for a school district, the district's board of |
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236 | | - | trustees and superintendent; or |
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237 | | - | (2) for a public junior college district, the |
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238 | | - | president of the junior college district. |
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| 147 | + | SECTION 5. Section 37.108(f), Education Code, is amended to |
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| 148 | + | read as follows: |
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239 | 149 | | (f) A school district shall include in its multihazard |
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240 | 150 | | emergency operations plan: |
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241 | 151 | | (1) a chain of command that designates the individual |
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242 | 152 | | responsible for making final decisions during a disaster or |
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243 | 153 | | emergency situation and identifies other individuals responsible |
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244 | 154 | | for making those decisions if the designated person is unavailable; |
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245 | 155 | | (2) provisions that address physical and |
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246 | 156 | | psychological safety for responding to a natural disaster, active |
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247 | 157 | | shooter, and any other dangerous scenario identified for purposes |
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248 | 158 | | of this section by the agency or the Texas School Safety Center; |
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249 | 159 | | (3) provisions for ensuring the safety of students in |
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250 | 160 | | portable buildings; |
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251 | 161 | | (4) provisions for ensuring that students and district |
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252 | 162 | | personnel with disabilities are provided equal access to safety |
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253 | 163 | | during a disaster or emergency situation; |
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254 | 164 | | (5) provisions for providing immediate notification |
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255 | 165 | | to parents, guardians, and other persons standing in parental |
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256 | 166 | | relation in circumstances involving a significant threat to the |
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257 | 167 | | health or safety of students, including identification of the |
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258 | 168 | | individual with responsibility for overseeing the notification; |
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259 | 169 | | (6) provisions for supporting the psychological |
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260 | 170 | | safety of students, district personnel, and the community during |
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261 | 171 | | the response and recovery phase following a disaster or emergency |
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262 | 172 | | situation that: |
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263 | 173 | | (A) are aligned with best practice-based |
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264 | 174 | | programs and research-based practices recommended under Section |
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265 | 175 | | 38.351; |
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266 | 176 | | (B) include strategies for ensuring any required |
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267 | 177 | | professional development training for suicide prevention and |
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268 | 178 | | grief-informed and trauma-informed care is provided to appropriate |
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269 | 179 | | school personnel; |
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270 | 180 | | (C) include training on integrating |
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271 | 181 | | psychological safety and suicide prevention strategies into the |
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272 | 182 | | district's plan, such as psychological first aid for schools |
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273 | 183 | | training, from an approved list of recommended training established |
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274 | 184 | | by the commissioner and Texas School Safety Center for: |
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275 | 185 | | (i) members of the district's school safety |
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276 | 186 | | and security committee under Section 37.109; |
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277 | 187 | | (ii) district school counselors and mental |
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278 | 188 | | health professionals; and |
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279 | 189 | | (iii) educators and other district |
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280 | 190 | | personnel as determined by the district; |
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281 | 191 | | (D) include strategies and procedures for |
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282 | 192 | | integrating and supporting physical and psychological safety that |
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283 | 193 | | align with the provisions described by Subdivision (2); and |
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284 | 194 | | (E) implement trauma-informed policies; |
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285 | 195 | | (7) a policy for providing a substitute teacher access |
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286 | 196 | | to school campus buildings and materials necessary for the |
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287 | 197 | | substitute teacher to carry out the duties of a district employee |
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288 | 198 | | during an emergency or a mandatory emergency drill; |
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289 | 199 | | (8) provisions, as determined by the agency, for |
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290 | 200 | | ensuring the safety of students, staff, and spectators during |
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291 | 201 | | extracurricular activities sponsored or sanctioned by the |
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292 | 202 | | district; |
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293 | 203 | | (9) the name of each individual on the district's |
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294 | 204 | | school safety and security committee established under Section |
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295 | 205 | | 37.109 and the date of each committee meeting during the preceding |
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296 | 206 | | year; and |
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297 | 207 | | (10) [(9)] certification that the district is in |
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315 | | - | SECTION 7. Section 37.115, Education Code, is amended by |
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316 | | - | adding Subsection (d-1) and amending Subsection (h) to read as |
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317 | | - | follows: |
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318 | | - | (d-1) Notwithstanding Subsection (d), if a student in a |
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319 | | - | special education program under Subchapter A, Chapter 29, is the |
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320 | | - | subject of a threat assessment under Subsection (f), the team |
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321 | | - | conducting the threat assessment must include at least one of the |
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322 | | - | following persons who has specific knowledge of the student's |
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323 | | - | disability and the disability's manifestations: |
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324 | | - | (1) a special education teacher who provides |
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325 | | - | instruction to the student; |
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326 | | - | (2) a behavior analyst licensed under Chapter 506, |
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327 | | - | Occupations Code; |
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328 | | - | (3) a clinical or master social worker licensed under |
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329 | | - | Chapter 505, Occupations Code; or |
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330 | | - | (4) a specialist in school psychology licensed under |
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331 | | - | Chapter 501, Occupations Code. |
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332 | | - | (h) On a determination that a student or other individual |
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333 | | - | poses a serious risk of violence to self or others, a team shall |
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334 | | - | immediately report the team's determination to the superintendent |
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335 | | - | and, if[. If] the individual is a student, [the superintendent |
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336 | | - | shall] immediately attempt to inform the parent or person standing |
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337 | | - | in parental relation to the student. The requirements of this |
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338 | | - | subsection do not prevent an employee of the school from acting |
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339 | | - | immediately to prevent an imminent threat or respond to an |
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340 | | - | emergency. |
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341 | | - | SECTION 8. Sections 37.203(a) and (b), Education Code, are |
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342 | | - | amended to read as follows: |
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343 | | - | (a) The center is advised by a board of directors composed |
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344 | | - | of: |
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345 | | - | (1) the attorney general, or the attorney general's |
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346 | | - | designee; |
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347 | | - | (2) the commissioner, or the commissioner's designee; |
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348 | | - | (3) the executive director of the Texas Juvenile |
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349 | | - | Justice Department, or the executive director's designee; |
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350 | | - | (4) the commissioner of the Department of State Health |
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351 | | - | Services, or the commissioner's designee; |
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352 | | - | (5) the commissioner of higher education, or the |
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353 | | - | commissioner's designee; and |
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354 | | - | (6) the following members appointed by the governor |
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355 | | - | with the advice and consent of the senate: |
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356 | | - | (A) a juvenile court judge; |
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357 | | - | (B) a member of a school district's board of |
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358 | | - | trustees; |
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359 | | - | (C) an administrator of a public primary school; |
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360 | | - | (D) an administrator of a public secondary |
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361 | | - | school; |
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362 | | - | (E) a member of the state parent-teacher |
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363 | | - | association; |
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364 | | - | (F) a teacher from a public primary or secondary |
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365 | | - | school; |
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366 | | - | (G) a public school superintendent who is a |
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367 | | - | member of the Texas Association of School Administrators; |
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368 | | - | (H) a school district police officer or a peace |
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369 | | - | officer whose primary duty consists of working in a public school; |
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370 | | - | (I) a professional architect who is registered in |
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371 | | - | this state and a member of the Texas Society of Architects; |
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372 | | - | (J) an administrator of a public junior college; |
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373 | | - | and |
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374 | | - | (K) [(J)] three members of the public. |
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375 | | - | (b) Members of the board appointed under Subsection (a)(6) |
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376 | | - | serve staggered two-year terms, with the terms of the members |
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377 | | - | described by Subsections (a)(6)(A)-(F) expiring on February 1 of |
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378 | | - | each odd-numbered year and the terms of the members described by |
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379 | | - | Subsections (a)(6)(G)-(K) [(J)] expiring on February 1 of each |
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380 | | - | even-numbered year. A member may serve more than one term. |
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381 | | - | SECTION 9. Section 37.222(b), Education Code, is amended to |
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| 224 | + | SECTION 7. Section 37.222(b), Education Code, is amended to |
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400 | | - | SECTION 11. Section 48.115(b), Education Code, is amended |
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401 | | - | to read as follows: |
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402 | | - | (b) Funds allocated under this section must be used to |
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403 | | - | improve school safety and security, including costs associated |
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404 | | - | with: |
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405 | | - | (1) securing school facilities in accordance with the |
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406 | | - | requirements of Section 37.351, including: |
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407 | | - | (A) improvements to school infrastructure; |
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408 | | - | (B) the use or installation of perimeter security |
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409 | | - | fencing conducive to a public school learning environment or |
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410 | | - | physical barriers, which may not include razor wire; |
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411 | | - | (C) interior and exterior door and window safety |
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412 | | - | and security upgrades, including: |
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413 | | - | (i) exterior door numbering; |
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414 | | - | (ii) primary and secondary locking systems; |
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415 | | - | and |
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416 | | - | (iii) security film that provides resistance |
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417 | | - | to a forced entry; and |
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418 | | - | (D) the purchase and maintenance of: |
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419 | | - | (i) security cameras and, if the district |
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420 | | - | has already installed security cameras, other security equipment, |
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421 | | - | including video surveillance as provided by Section 29.022; and |
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422 | | - | (ii) technology, including communications |
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423 | | - | systems or devices, such as silent panic alert devices, two-way |
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424 | | - | radios, or wireless Internet booster equipment, that facilitates |
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425 | | - | communication and information sharing between students, school |
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426 | | - | personnel, and first responders in an emergency; |
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427 | | - | (2) providing security for the district, including: |
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428 | | - | (A) employing school district peace officers, |
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429 | | - | private security officers, and school marshals; and |
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430 | | - | (B) collaborating with local law enforcement |
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431 | | - | agencies, such as entering into a memorandum of understanding for |
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432 | | - | the assignment of school resource officers to schools in the |
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433 | | - | district; |
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434 | | - | (3) school safety and security measures, including: |
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435 | | - | (A) active shooter and emergency response |
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436 | | - | training; |
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437 | | - | (B) prevention and treatment programs relating |
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438 | | - | to addressing adverse childhood experiences; and |
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439 | | - | (C) the prevention, identification, and |
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440 | | - | management of emergencies and threats, using evidence-based, |
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441 | | - | effective prevention practices and including: |
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442 | | - | (i) providing licensed counselors, social |
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443 | | - | workers, behavioral interventionists, chaplains, and individuals |
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444 | | - | trained in restorative discipline and [restorative] justice or |
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445 | | - | other discipline management practices; |
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446 | | - | (ii) providing mental health personnel and |
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447 | | - | support, including chaplains; |
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448 | | - | (iii) providing behavioral health |
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449 | | - | services, including services provided by chaplains; |
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450 | | - | (iv) establishing threat reporting |
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451 | | - | systems; and |
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452 | | - | (v) developing and implementing programs |
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453 | | - | focused on restorative justice practices, culturally relevant |
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454 | | - | instruction, and providing mental health support, including |
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455 | | - | support provided by chaplains; |
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456 | | - | (4) providing programs related to suicide prevention, |
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457 | | - | intervention, and postvention, including programs provided by |
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458 | | - | chaplains; and |
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459 | | - | (5) employing a school safety director and other |
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460 | | - | personnel to manage and monitor school safety initiatives and the |
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461 | | - | implementation of school safety requirements for the district. |
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462 | | - | SECTION 12. Sections 85.024(a) and (b), Local Government |
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| 243 | + | SECTION 9. Sections 85.024(a) and (b), Local Government |
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