Texas 2025 - 89th Regular

Texas Senate Bill SB1262 Compare Versions

OldNewDifferences
1-By: Nichols, Hagenbuch, West S.B. No. 1262
2- (In the Senate - Filed February 13, 2025; February 28, 2025,
3- read first time and referred to Committee on Education K-16;
4- April 14, 2025, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 10, Nays 0; April 14, 2025,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1262 By: Creighton
1+89R5011 ANG-F
2+ By: Nichols S.B. No. 1262
93
104
115
126
137 A BILL TO BE ENTITLED
148 AN ACT
159 relating to measures for ensuring public school safety, including
1610 the commissioning of peace officers by the Texas Education Agency,
17- the composition of the board of directors of the Texas School Safety
18- Center, and public school safety and security requirements and
19- resources.
11+ public school safety and security requirements, and the provision
12+ of safety-related resources.
2013 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2114 SECTION 1. Article 2A.001, Code of Criminal Procedure, is
2215 amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
2316 Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
2417 Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
2518 Regular Session, 2023, and is further amended to read as follows:
2619 Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
2720 peace officers:
2821 (1) a sheriff, a sheriff's deputy, or a reserve deputy
2922 sheriff who holds a permanent peace officer license issued under
3023 Chapter 1701, Occupations Code;
3124 (2) a constable, a deputy constable, or a reserve
3225 deputy constable who holds a permanent peace officer license issued
3326 under Chapter 1701, Occupations Code;
3427 (3) a marshal or police officer of a municipality or a
3528 reserve municipal police officer who holds a permanent peace
3629 officer license issued under Chapter 1701, Occupations Code;
3730 (4) a ranger, officer, or member of the reserve
3831 officer corps commissioned by the Public Safety Commission and the
3932 director of the Department of Public Safety;
4033 (5) an investigator of a district attorney's, criminal
4134 district attorney's, or county attorney's office;
4235 (6) a law enforcement agent of the Texas Alcoholic
4336 Beverage Commission;
4437 (7) a member of an arson investigating unit
4538 commissioned by a municipality, a county, or the state;
4639 (8) an officer commissioned under Section 37.081 or
4740 37.0818, Education Code, or Subchapter E, Chapter 51, Education
4841 Code;
4942 (9) an officer commissioned by the Texas Facilities
5043 Commission;
5144 (10) a law enforcement officer commissioned by the
5245 Parks and Wildlife Commission;
5346 (11) an officer commissioned under Chapter 23,
5447 Transportation Code;
5548 (12) a municipal park and recreational patrol officer
5649 or security officer;
5750 (13) a security officer or investigator commissioned
5851 as a peace officer by the comptroller;
5952 (14) an officer commissioned by a water control and
6053 improvement district under Section 49.216, Water Code;
6154 (15) an officer commissioned by a board of trustees
6255 under Chapter 54, Transportation Code;
6356 (16) an investigator commissioned by the Texas Medical
6457 Board;
6558 (17) an officer commissioned by:
6659 (A) the board of managers of the Dallas County
6760 Hospital District, the Tarrant County Hospital District, the Bexar
6861 County Hospital District, or the El Paso County Hospital District
6962 under Section 281.057, Health and Safety Code;
7063 (B) the board of directors of the Ector County
7164 Hospital District under Section 1024.117, Special District Local
7265 Laws Code;
7366 (C) the board of directors of the Midland County
7467 Hospital District of Midland County, Texas, under Section 1061.121,
7568 Special District Local Laws Code; or
7669 (D) the board of hospital managers of the Lubbock
7770 County Hospital District of Lubbock County, Texas, under Section
7871 1053.113, Special District Local Laws Code;
7972 (18) a county park ranger commissioned under
8073 Subchapter E, Chapter 351, Local Government Code;
8174 (19) an investigator employed by the Texas Racing
8275 Commission;
8376 (20) an officer commissioned under Chapter 554,
8477 Occupations Code;
8578 (21) an officer commissioned by the governing body of
8679 a metropolitan rapid transit authority under Section 451.108,
8780 Transportation Code, or a regional transportation authority under
8881 Section 452.110, Transportation Code;
8982 (22) an investigator commissioned by the attorney
9083 general under Section 402.009, Government Code;
9184 (23) a security officer or investigator commissioned
9285 as a peace officer under Chapter 466, Government Code;
9386 (24) an officer appointed by an appellate court under
9487 Subchapter F, Chapter 53, Government Code;
9588 (25) an officer commissioned by the state fire marshal
9689 under Chapter 417, Government Code;
9790 (26) an investigator commissioned by the commissioner
9891 of insurance under Section 701.104, Insurance Code;
9992 (27) an officer appointed by the inspector general of
10093 [apprehension specialist or inspector general commissioned by] the
10194 Texas Juvenile Justice Department [as an officer] under Section
10295 242.102 [or 243.052], Human Resources Code;
10396 (28) an officer appointed by the inspector general of
10497 the Texas Department of Criminal Justice under Section 493.019,
10598 Government Code;
10699 (29) an investigator commissioned by the Texas
107100 Commission on Law Enforcement under Section 1701.160, Occupations
108101 Code;
109102 (30) a fire marshal or any related officer, inspector,
110103 or investigator commissioned by a county under Subchapter B,
111104 Chapter 352, Local Government Code;
112105 (31) a fire marshal or any officer, inspector, or
113106 investigator commissioned by an emergency services district under
114107 Chapter 775, Health and Safety Code;
115108 (32) a fire marshal or any officer, inspector, or
116109 investigator of a municipality who holds a permanent peace officer
117110 license issued under Chapter 1701, Occupations Code;
118111 (33) an officer commissioned by the State Board of
119112 Dental Examiners under Section 254.013, Occupations Code, subject
120113 to the limitations imposed by that section; [and]
121114 (34) [(33)] an Alamo complex ranger commissioned by
122115 the General Land Office under Section 31.0515, Natural Resources
123116 Code, subject to the limitations imposed by that section; and
124117 (35) an officer commissioned by the Texas Education
125118 Agency as an officer under Section 37.1031, Education Code
126119 [investigator commissioned by the Texas Juvenile Justice
127120 Department as an officer under Section 221.011, Human Resources
128121 Code].
129122 SECTION 2. Section 7.021, Education Code, is amended by
130123 adding Subsection (d) to read as follows:
131124 (d) The agency may commission peace officers as provided by
132125 Section 37.1031 to enforce Subchapter D, Chapter 37.
133126 SECTION 3. Section 37.0814, Education Code, is amended by
134- amending Subsection (d) and adding Subsection (d-1) to read as
135- follows:
136- (d) The board of trustees of a school district that claims a
137- good cause exception under Subsection (c) must develop an
138- alternative standard with which the district is able to comply,
139- which may include providing a person to act as a security officer
140- who is:
141- (1) a school marshal; or
142- (2) a school district employee or a person with whom
143- the district contracts who:
144- (A) either:
145- (i) has completed school safety training
146- provided by a qualified handgun instructor certified in school
147- safety under Section 411.1901, Government Code; or
148- (ii) not later than the 180th day after the
149- date on which the employee or person begins duties as a security
150- officer, completes training deemed appropriate by the district, in
151- consultation with the district's police department, or, if the
152- district does not have a police department, a local law enforcement
153- agency, in:
154- (a) active shooter response, which
155- must be provided by an instructor certified by the Advanced Law
156- Enforcement Rapid Response Training Center at Texas State
157- University--San Marcos;
158- (b) school safety and emergency
159- management;
160- (c) crisis intervention;
161- (d) incident command;
162- (e) first aid administration;
163- (f) mental health; and
164- (g) qualifications relating to the
165- carrying or use of a firearm; and
166- (B) carries a handgun on school premises in
167- accordance with written regulations or written authorization of the
168- district under Section 46.03(a)(1)(A), Penal Code.
127+ adding Subsection (d-1) to read as follows:
169128 (d-1) A good cause exception claimed by the board of
170129 trustees of a school district under Subsection (c) expires on the
171- first anniversary of the date the exception is claimed. On the
130+ fifth anniversary of the date the exception is claimed. On the
172131 expiration of the exception, the board must reevaluate whether the
173132 board is able to comply with this section and, if not, renew:
174133 (1) the claim for an exception under Subsection (c);
175134 and
176135 (2) the alternative standard developed under
177136 Subsection (d).
178137 SECTION 4. Subchapter D, Chapter 37, Education Code, is
179138 amended by adding Section 37.1031 to read as follows:
180139 Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may
181140 commission as a peace officer to enforce this subchapter an
182141 employee who has been certified as qualified to be a peace officer
183142 by the Texas Commission on Law Enforcement.
184143 (b) An employee commissioned as a peace officer under this
185144 section has the powers, privileges, and immunities of a peace
186145 officer while carrying out duties as a peace officer under this
187146 subchapter.
188- SECTION 5. Section 37.108, Education Code, is amended by
189- amending Subsections (a), (c), and (f) and adding Subsection (a-1)
190- to read as follows:
191- (a) Each school district or public junior college district
192- shall adopt and implement a multihazard emergency operations plan
193- for use in the district's facilities. The plan must address
194- prevention, mitigation, preparedness, response, and recovery as
195- defined by the Texas School Safety Center in conjunction with the
196- governor's office of homeland security, the commissioner of
197- education, and the commissioner of higher education. The plan must
198- provide for:
199- (1) training in responding to an emergency for
200- district employees, including school district substitute teachers;
201- (2) measures to ensure district employees, including
202- school district substitute teachers, have classroom access to a
203- telephone, including a cellular telephone, or another electronic
204- communication device allowing for immediate contact with district
205- emergency services or emergency services agencies, law enforcement
206- agencies, health departments, and fire departments;
207- (3) measures to ensure district communications
208- technology and infrastructure are adequate to allow for
209- communication during an emergency;
210- (4) if the plan applies to a school district,
211- mandatory school drills and exercises, including drills required
212- under Section 37.114, to prepare district students and employees
213- for responding to an emergency;
214- (5) measures to ensure coordination with the
215- Department of State Health Services and local emergency management
216- agencies, law enforcement, health departments, and fire
217- departments in the event of an emergency;
218- (6) the implementation of a safety and security audit
219- as required by Subsection (b); and
220- (7) any other requirements established by the Texas
221- School Safety Center in consultation with the agency and the Texas
222- Higher Education Coordinating Board.
223- (a-1) The Texas School Safety Center shall provide to the
224- superintendent of each school district and to the president of each
225- public junior college district notice of the requirements
226- established under Subsection (a)(7) applicable to the district [and
227- relevant local law enforcement agencies].
228- (c) A school district or public junior college district
229- shall report the results of the safety and security audit conducted
230- under Subsection (b) to the district's board of trustees and, in the
231- manner required by the Texas School Safety Center, to the Texas
232- School Safety Center. The district must maintain a copy of the
233- [The] report [provided to the Texas School Safety Center under this
234- subsection must be] signed by:
235- (1) for a school district, the district's board of
236- trustees and superintendent; or
237- (2) for a public junior college district, the
238- president of the junior college district.
147+ SECTION 5. Section 37.108(f), Education Code, is amended to
148+ read as follows:
239149 (f) A school district shall include in its multihazard
240150 emergency operations plan:
241151 (1) a chain of command that designates the individual
242152 responsible for making final decisions during a disaster or
243153 emergency situation and identifies other individuals responsible
244154 for making those decisions if the designated person is unavailable;
245155 (2) provisions that address physical and
246156 psychological safety for responding to a natural disaster, active
247157 shooter, and any other dangerous scenario identified for purposes
248158 of this section by the agency or the Texas School Safety Center;
249159 (3) provisions for ensuring the safety of students in
250160 portable buildings;
251161 (4) provisions for ensuring that students and district
252162 personnel with disabilities are provided equal access to safety
253163 during a disaster or emergency situation;
254164 (5) provisions for providing immediate notification
255165 to parents, guardians, and other persons standing in parental
256166 relation in circumstances involving a significant threat to the
257167 health or safety of students, including identification of the
258168 individual with responsibility for overseeing the notification;
259169 (6) provisions for supporting the psychological
260170 safety of students, district personnel, and the community during
261171 the response and recovery phase following a disaster or emergency
262172 situation that:
263173 (A) are aligned with best practice-based
264174 programs and research-based practices recommended under Section
265175 38.351;
266176 (B) include strategies for ensuring any required
267177 professional development training for suicide prevention and
268178 grief-informed and trauma-informed care is provided to appropriate
269179 school personnel;
270180 (C) include training on integrating
271181 psychological safety and suicide prevention strategies into the
272182 district's plan, such as psychological first aid for schools
273183 training, from an approved list of recommended training established
274184 by the commissioner and Texas School Safety Center for:
275185 (i) members of the district's school safety
276186 and security committee under Section 37.109;
277187 (ii) district school counselors and mental
278188 health professionals; and
279189 (iii) educators and other district
280190 personnel as determined by the district;
281191 (D) include strategies and procedures for
282192 integrating and supporting physical and psychological safety that
283193 align with the provisions described by Subdivision (2); and
284194 (E) implement trauma-informed policies;
285195 (7) a policy for providing a substitute teacher access
286196 to school campus buildings and materials necessary for the
287197 substitute teacher to carry out the duties of a district employee
288198 during an emergency or a mandatory emergency drill;
289199 (8) provisions, as determined by the agency, for
290200 ensuring the safety of students, staff, and spectators during
291201 extracurricular activities sponsored or sanctioned by the
292202 district;
293203 (9) the name of each individual on the district's
294204 school safety and security committee established under Section
295205 37.109 and the date of each committee meeting during the preceding
296206 year; and
297207 (10) [(9)] certification that the district is in
298- compliance with Section 37.117, as added by Chapter 896 (H.B. 3),
299- Acts of the 88th Legislature, Regular Session, 2023.
208+ compliance with Section 37.117.
300209 SECTION 6. Subchapter D, Chapter 37, Education Code, is
301210 amended by adding Section 37.1088 to read as follows:
302211 Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not
303212 later than December 31 of each year, the agency shall prepare and
304213 submit to the governor, the lieutenant governor, the speaker of the
305214 house of representatives, and each standing committee of each house
306215 of the legislature with primary jurisdiction over primary and
307216 secondary education, finance, and appropriations a report that
308217 includes the deidentified results of the vulnerability assessments
309218 and intruder detection audits conducted under Sections 37.1083 and
310219 37.1084 during the preceding year.
311220 (b) The report under Subsection (a) must include
312221 recommendations and possible corrective actions for specific
313222 deficiencies in campus security identified at multiple school
314223 districts and open-enrollment charter schools.
315- SECTION 7. Section 37.115, Education Code, is amended by
316- adding Subsection (d-1) and amending Subsection (h) to read as
317- follows:
318- (d-1) Notwithstanding Subsection (d), if a student in a
319- special education program under Subchapter A, Chapter 29, is the
320- subject of a threat assessment under Subsection (f), the team
321- conducting the threat assessment must include at least one of the
322- following persons who has specific knowledge of the student's
323- disability and the disability's manifestations:
324- (1) a special education teacher who provides
325- instruction to the student;
326- (2) a behavior analyst licensed under Chapter 506,
327- Occupations Code;
328- (3) a clinical or master social worker licensed under
329- Chapter 505, Occupations Code; or
330- (4) a specialist in school psychology licensed under
331- Chapter 501, Occupations Code.
332- (h) On a determination that a student or other individual
333- poses a serious risk of violence to self or others, a team shall
334- immediately report the team's determination to the superintendent
335- and, if[. If] the individual is a student, [the superintendent
336- shall] immediately attempt to inform the parent or person standing
337- in parental relation to the student. The requirements of this
338- subsection do not prevent an employee of the school from acting
339- immediately to prevent an imminent threat or respond to an
340- emergency.
341- SECTION 8. Sections 37.203(a) and (b), Education Code, are
342- amended to read as follows:
343- (a) The center is advised by a board of directors composed
344- of:
345- (1) the attorney general, or the attorney general's
346- designee;
347- (2) the commissioner, or the commissioner's designee;
348- (3) the executive director of the Texas Juvenile
349- Justice Department, or the executive director's designee;
350- (4) the commissioner of the Department of State Health
351- Services, or the commissioner's designee;
352- (5) the commissioner of higher education, or the
353- commissioner's designee; and
354- (6) the following members appointed by the governor
355- with the advice and consent of the senate:
356- (A) a juvenile court judge;
357- (B) a member of a school district's board of
358- trustees;
359- (C) an administrator of a public primary school;
360- (D) an administrator of a public secondary
361- school;
362- (E) a member of the state parent-teacher
363- association;
364- (F) a teacher from a public primary or secondary
365- school;
366- (G) a public school superintendent who is a
367- member of the Texas Association of School Administrators;
368- (H) a school district police officer or a peace
369- officer whose primary duty consists of working in a public school;
370- (I) a professional architect who is registered in
371- this state and a member of the Texas Society of Architects;
372- (J) an administrator of a public junior college;
373- and
374- (K) [(J)] three members of the public.
375- (b) Members of the board appointed under Subsection (a)(6)
376- serve staggered two-year terms, with the terms of the members
377- described by Subsections (a)(6)(A)-(F) expiring on February 1 of
378- each odd-numbered year and the terms of the members described by
379- Subsections (a)(6)(G)-(K) [(J)] expiring on February 1 of each
380- even-numbered year. A member may serve more than one term.
381- SECTION 9. Section 37.222(b), Education Code, is amended to
224+ SECTION 7. Section 37.222(b), Education Code, is amended to
382225 read as follows:
383226 (b) At least three times each school year, each [Each]
384227 school district and open-enrollment charter school shall provide
385228 the information and other resources described under Subsection (a)
386229 to the parent or guardian of each student enrolled in the district
387230 or school.
388- SECTION 10. Section 37.353, Education Code, is amended by
231+ SECTION 8. Section 37.353, Education Code, is amended by
389232 adding Subsection (c) to read as follows:
390233 (c) A good cause exception claimed by a school district
391234 under Subsection (a) expires on the fifth anniversary of the date on
392235 which the exception is claimed. On the expiration of the exception,
393236 the district must reevaluate whether the district is able to comply
394237 with each school facility standard related to safety and security,
395238 and if not, renew:
396239 (1) the claim for an exception under Subsection (a);
397240 and
398241 (2) the alternative performance standard developed
399242 under Subsection (b).
400- SECTION 11. Section 48.115(b), Education Code, is amended
401- to read as follows:
402- (b) Funds allocated under this section must be used to
403- improve school safety and security, including costs associated
404- with:
405- (1) securing school facilities in accordance with the
406- requirements of Section 37.351, including:
407- (A) improvements to school infrastructure;
408- (B) the use or installation of perimeter security
409- fencing conducive to a public school learning environment or
410- physical barriers, which may not include razor wire;
411- (C) interior and exterior door and window safety
412- and security upgrades, including:
413- (i) exterior door numbering;
414- (ii) primary and secondary locking systems;
415- and
416- (iii) security film that provides resistance
417- to a forced entry; and
418- (D) the purchase and maintenance of:
419- (i) security cameras and, if the district
420- has already installed security cameras, other security equipment,
421- including video surveillance as provided by Section 29.022; and
422- (ii) technology, including communications
423- systems or devices, such as silent panic alert devices, two-way
424- radios, or wireless Internet booster equipment, that facilitates
425- communication and information sharing between students, school
426- personnel, and first responders in an emergency;
427- (2) providing security for the district, including:
428- (A) employing school district peace officers,
429- private security officers, and school marshals; and
430- (B) collaborating with local law enforcement
431- agencies, such as entering into a memorandum of understanding for
432- the assignment of school resource officers to schools in the
433- district;
434- (3) school safety and security measures, including:
435- (A) active shooter and emergency response
436- training;
437- (B) prevention and treatment programs relating
438- to addressing adverse childhood experiences; and
439- (C) the prevention, identification, and
440- management of emergencies and threats, using evidence-based,
441- effective prevention practices and including:
442- (i) providing licensed counselors, social
443- workers, behavioral interventionists, chaplains, and individuals
444- trained in restorative discipline and [restorative] justice or
445- other discipline management practices;
446- (ii) providing mental health personnel and
447- support, including chaplains;
448- (iii) providing behavioral health
449- services, including services provided by chaplains;
450- (iv) establishing threat reporting
451- systems; and
452- (v) developing and implementing programs
453- focused on restorative justice practices, culturally relevant
454- instruction, and providing mental health support, including
455- support provided by chaplains;
456- (4) providing programs related to suicide prevention,
457- intervention, and postvention, including programs provided by
458- chaplains; and
459- (5) employing a school safety director and other
460- personnel to manage and monitor school safety initiatives and the
461- implementation of school safety requirements for the district.
462- SECTION 12. Sections 85.024(a) and (b), Local Government
243+ SECTION 9. Sections 85.024(a) and (b), Local Government
463244 Code, are amended to read as follows:
464245 (a) The sheriff of a county with a total population of less
465- than 350,000 in which a school district or open-enrollment charter
466- [public] school is located shall call and conduct a meeting at least
467- twice each calendar year, not less than three months apart,
468- [semiannual meetings] to discuss:
246+ than 350,000 in which a public school is located shall call and
247+ conduct a meeting at least twice each year [semiannual meetings] to
248+ discuss:
469249 (1) school safety;
470250 (2) coordinated law enforcement response to school
471251 violence incidents;
472252 (3) law enforcement agency capabilities;
473253 (4) available resources;
474254 (5) emergency radio interoperability;
475255 (6) chain of command planning; and
476256 (7) other related subjects proposed by a person in
477257 attendance at the meeting.
478258 (b) The sheriff of a county to which this section applies in
479- which more than one school district or open-enrollment charter
480- [public] school is located may discuss school safety policies for
481- more than [is only required to hold] one school district or
482- open-enrollment charter school in a [semiannual] meeting described
483- by Subsection (a). This subsection does not require districts or
484- schools [public schools] located within the same county to adopt
485- the same school safety policies.
486- SECTION 13. Section 37.2161, Education Code, is repealed.
487- SECTION 14. This Act applies beginning with the 2025-2026
259+ which more than one public school is located is only required to
260+ hold one [semiannual] meeting described by Subsection (a) for all
261+ the public schools located in the county. This subsection does not
262+ require public schools located within the same county to adopt the
263+ same school safety policies.
264+ SECTION 10. This Act applies beginning with the 2025-2026
488265 school year.
489- SECTION 15. Not later than February 1, 2026, the governor
490- shall appoint the new member to the board of directors of the Texas
491- School Safety Center as required by Section 37.203(a)(6)(J),
492- Education Code, as amended by this Act.
493- SECTION 16. To the extent of any conflict, this Act prevails
266+ SECTION 11. To the extent of any conflict, this Act prevails
494267 over another Act of the 89th Legislature, Regular Session, 2025,
495268 relating to nonsubstantive additions to and corrections in enacted
496269 codes.
497- SECTION 17. This Act takes effect immediately if it
270+ SECTION 12. This Act takes effect immediately if it
498271 receives a vote of two-thirds of all the members elected to each
499272 house, as provided by Section 39, Article III, Texas Constitution.
500273 If this Act does not receive the vote necessary for immediate
501274 effect, this Act takes effect September 1, 2025.
502- * * * * *