1 | 1 | | 89R12265 JBD-D |
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2 | 2 | | By: Flores S.B. No. 2862 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to active shooter events and other emergencies, including |
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10 | 10 | | certain accreditations of law enforcement agencies that respond to |
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11 | 11 | | such emergencies. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subchapter B, Chapter 2A, Code of Criminal |
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14 | 14 | | Procedure, is amended by adding Article 2A.067 to read as follows: |
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15 | 15 | | Art. 2A.067. POLICY FOR RESPONDING TO ACTIVE SHOOTER |
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16 | 16 | | EMERGENCY. (a) This article applies only to a law enforcement |
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17 | 17 | | agency of a municipality, county, school district, or institution |
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18 | 18 | | of higher education, as defined by Section 61.003, Education Code. |
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19 | 19 | | (b) Each law enforcement agency to which this article |
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20 | 20 | | applies shall adopt a detailed written policy for responding to an |
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21 | 21 | | active shooter emergency. The policy must be based on current best |
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22 | 22 | | practices. |
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23 | 23 | | SECTION 2. Section 12.104(b), Education Code, is amended to |
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24 | 24 | | read as follows: |
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25 | 25 | | (b) An open-enrollment charter school is subject to: |
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26 | 26 | | (1) a provision of this title establishing a criminal |
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27 | 27 | | offense; |
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28 | 28 | | (2) the provisions in Chapter 554, Government Code; |
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29 | 29 | | and |
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30 | 30 | | (3) a prohibition, restriction, or requirement, as |
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31 | 31 | | applicable, imposed by this title or a rule adopted under this |
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32 | 32 | | title, relating to: |
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33 | 33 | | (A) the Public Education Information Management |
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34 | 34 | | System (PEIMS) to the extent necessary to monitor compliance with |
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35 | 35 | | this subchapter as determined by the commissioner; |
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36 | 36 | | (B) criminal history records under Subchapter C, |
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37 | 37 | | Chapter 22; |
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38 | 38 | | (C) reading instruments and accelerated reading |
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39 | 39 | | instruction programs under Section 28.006; |
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40 | 40 | | (D) accelerated instruction under Section |
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41 | 41 | | 28.0211; |
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42 | 42 | | (E) high school graduation requirements under |
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43 | 43 | | Section 28.025; |
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44 | 44 | | (F) special education programs under Subchapter |
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45 | 45 | | A, Chapter 29; |
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46 | 46 | | (G) bilingual education under Subchapter B, |
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47 | 47 | | Chapter 29; |
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48 | 48 | | (H) prekindergarten programs under Subchapter E |
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49 | 49 | | or E-1, Chapter 29, except class size limits for prekindergarten |
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50 | 50 | | classes imposed under Section 25.112, which do not apply; |
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51 | 51 | | (I) extracurricular activities under Section |
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52 | 52 | | 33.081; |
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53 | 53 | | (J) discipline management practices or behavior |
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54 | 54 | | management techniques under Section 37.0021; |
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55 | 55 | | (K) health and safety under Chapter 38; |
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56 | 56 | | (L) the provisions of Subchapter A, Chapter 39; |
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57 | 57 | | (M) public school accountability and special |
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58 | 58 | | investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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59 | 59 | | 39, and Chapter 39A; |
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60 | 60 | | (N) the requirement under Section 21.006 to |
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61 | 61 | | report an educator's misconduct; |
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62 | 62 | | (O) intensive programs of instruction under |
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63 | 63 | | Section 28.0213; |
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64 | 64 | | (P) the right of a school employee to report a |
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65 | 65 | | crime, as provided by Section 37.148; |
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66 | 66 | | (Q) bullying prevention policies and procedures |
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67 | 67 | | under Section 37.0832; |
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68 | 68 | | (R) the right of a school under Section 37.0052 |
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69 | 69 | | to place a student who has engaged in certain bullying behavior in a |
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70 | 70 | | disciplinary alternative education program or to expel the student; |
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71 | 71 | | (S) the right under Section 37.0151 to report to |
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72 | 72 | | local law enforcement certain conduct constituting assault or |
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73 | 73 | | harassment; |
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74 | 74 | | (T) a parent's right to information regarding the |
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75 | 75 | | provision of assistance for learning difficulties to the parent's |
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76 | 76 | | child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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77 | 77 | | (U) establishment of residency under Section |
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78 | 78 | | 25.001; |
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79 | 79 | | (V) school safety requirements under Sections |
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80 | 80 | | 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
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81 | 81 | | 37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, |
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82 | 82 | | and 37.2071 and Subchapter J, Chapter 37; |
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83 | 83 | | (W) the early childhood literacy and mathematics |
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84 | 84 | | proficiency plans under Section 11.185; |
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85 | 85 | | (X) the college, career, and military readiness |
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86 | 86 | | plans under Section 11.186; and |
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87 | 87 | | (Y) parental options to retain a student under |
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88 | 88 | | Section 28.02124. |
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89 | 89 | | SECTION 3. Section 37.108, Education Code, is amended by |
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90 | 90 | | amending Subsections (a) and (b) and adding Subsection (a-1) to |
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91 | 91 | | read as follows: |
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92 | 92 | | (a) Each school district or public junior college district |
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93 | 93 | | shall adopt and implement a multihazard emergency operations plan |
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94 | 94 | | for use in the district's facilities. The plan must address |
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95 | 95 | | prevention, mitigation, preparedness, response, and recovery as |
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96 | 96 | | defined by the Texas School Safety Center in conjunction with the |
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97 | 97 | | governor's office of homeland security, the commissioner of |
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98 | 98 | | education, and the commissioner of higher education. The plan must |
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99 | 99 | | provide for: |
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100 | 100 | | (1) training in responding to an emergency for |
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101 | 101 | | district employees, including substitute teachers; |
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102 | 102 | | (2) measures to ensure district employees, including |
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103 | 103 | | substitute teachers, have classroom access to a telephone, |
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104 | 104 | | including a cellular telephone, or another electronic |
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105 | 105 | | communication device allowing for immediate contact with district |
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106 | 106 | | emergency services or emergency services agencies, law enforcement |
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107 | 107 | | agencies, health departments, and fire departments; |
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108 | 108 | | (3) measures to ensure district communications |
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109 | 109 | | technology and infrastructure are adequate to allow for |
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110 | 110 | | communication during an emergency; |
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111 | 111 | | (4) if the plan applies to a school district, |
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112 | 112 | | mandatory school drills and exercises, including drills required |
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113 | 113 | | under Section 37.114, to prepare district students and employees |
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114 | 114 | | for responding to an emergency; |
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115 | 115 | | (5) measures to ensure coordination with the |
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116 | 116 | | Department of State Health Services and local emergency management |
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117 | 117 | | agencies, law enforcement, health departments, and fire |
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118 | 118 | | departments in the event of an emergency; |
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119 | 119 | | (6) the implementation of a safety and security audit |
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120 | 120 | | as required by Subsection (b); [and] |
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121 | 121 | | (7) measures for the prompt recovery of services |
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122 | 122 | | provided by the school district or public junior college district |
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123 | 123 | | after an active shooter emergency; and |
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124 | 124 | | (8) any other requirements established by the Texas |
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125 | 125 | | School Safety Center in consultation with the agency and relevant |
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126 | 126 | | local law enforcement agencies. |
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127 | 127 | | (a-1) Annually, each school district or public junior |
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128 | 128 | | college district shall organize a meeting with the Department of |
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129 | 129 | | Public Safety, appropriate local law enforcement agencies, and |
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130 | 130 | | local emergency first responders regarding the district's |
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131 | 131 | | multihazard emergency operations plan. The meeting must include a |
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132 | 132 | | discussion and analysis of how the district's multihazard emergency |
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133 | 133 | | operations plan would be implemented in an emergency situation. |
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134 | 134 | | (b) At least once every three years, each school district or |
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135 | 135 | | public junior college district shall conduct a safety and security |
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136 | 136 | | audit of the district's facilities that includes a security review |
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137 | 137 | | as described by Section 37.1087 for each district facility. A |
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138 | 138 | | district, or a person included in the registry established by the |
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139 | 139 | | Texas School Safety Center under Section 37.2091 who is engaged by |
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140 | 140 | | the district to conduct a safety and security audit, shall follow |
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141 | 141 | | safety and security audit procedures developed by the Texas School |
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142 | 142 | | Safety Center in coordination with the commissioner of education or |
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143 | 143 | | commissioner of higher education, as applicable. |
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144 | 144 | | SECTION 4. Section 37.1083(a), Education Code, is amended |
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145 | 145 | | to read as follows: |
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146 | 146 | | (a) The agency shall monitor the implementation and |
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147 | 147 | | operation of requirements related to school district safety and |
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148 | 148 | | security, including school district: |
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149 | 149 | | (1) multihazard emergency operations plans; [and] |
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150 | 150 | | (2) safety and security audits; and |
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151 | 151 | | (3) security reviews. |
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152 | 152 | | SECTION 5. Subchapter D, Chapter 37, Education Code, is |
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153 | 153 | | amended by adding Section 37.1087 to read as follows: |
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154 | 154 | | Sec. 37.1087. SECURITY REVIEW. (a) If a school district or |
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155 | 155 | | public junior college district constructs, acquires, renovates, or |
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156 | 156 | | improves a district facility, the district shall, as soon as |
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157 | 157 | | practicable, conduct a security review of the facility to: |
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158 | 158 | | (1) determine whether the facility meets school safety |
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159 | 159 | | and security requirements; and |
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160 | 160 | | (2) identify security vulnerabilities at the facility |
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161 | 161 | | in the event of an active shooter emergency and describe strategies |
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162 | 162 | | to mitigate each vulnerability identified. |
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163 | 163 | | (b) The agency, in consultation with the Department of |
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164 | 164 | | Public Safety and the Texas School Safety Center, shall establish |
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165 | 165 | | guidelines for the security review required under this section. |
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166 | 166 | | SECTION 6. Section 37.109(b), Education Code, is amended to |
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167 | 167 | | read as follows: |
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168 | 168 | | (b) The committee shall: |
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169 | 169 | | (1) participate on behalf of the district in |
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170 | 170 | | developing and implementing emergency plans consistent with the |
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171 | 171 | | district multihazard emergency operations plan required by Section |
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172 | 172 | | 37.108(a) to ensure that the plans reflect specific campus, |
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173 | 173 | | facility, or support services needs; |
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174 | 174 | | (2) periodically provide recommendations to the |
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175 | 175 | | district's board of trustees and district administrators regarding |
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176 | 176 | | updating the district multihazard emergency operations plan |
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177 | 177 | | required by Section 37.108(a) in accordance with best practices |
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178 | 178 | | identified by the agency, the Texas School Safety Center, or a |
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179 | 179 | | person included in the registry established by the Texas School |
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180 | 180 | | Safety Center under Section 37.2091; |
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181 | 181 | | (3) provide the district with any campus, facility, or |
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182 | 182 | | support services information required in connection with a safety |
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183 | 183 | | and security audit required by Section 37.108(b), a safety and |
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184 | 184 | | security audit report required by Section 37.108(c), a security |
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185 | 185 | | review required by Section 37.1087, or another report required to |
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186 | 186 | | be submitted by the district to the Texas School Safety Center; |
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187 | 187 | | (4) review each report required to be submitted by the |
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188 | 188 | | district to the Texas School Safety Center to ensure that the report |
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189 | 189 | | contains accurate and complete information regarding each campus, |
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190 | 190 | | facility, or support service in accordance with criteria |
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191 | 191 | | established by the center; and |
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192 | 192 | | (5) consult with local law enforcement agencies on |
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193 | 193 | | methods to increase law enforcement presence near district |
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194 | 194 | | campuses. |
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195 | 195 | | SECTION 7. Section 51.217(b), Education Code, is amended to |
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196 | 196 | | read as follows: |
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197 | 197 | | (b) An institution shall adopt and implement a multihazard |
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198 | 198 | | emergency operations plan for use at the institution. The plan must |
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199 | 199 | | address mitigation, preparedness, response, and recovery. The plan |
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200 | 200 | | must provide for: |
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201 | 201 | | (1) employee training in responding to an emergency; |
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202 | 202 | | (2) mandatory drills to prepare students, faculty, and |
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203 | 203 | | employees for responding to an emergency; |
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204 | 204 | | (3) measures to ensure coordination with the |
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205 | 205 | | Department of State Health Services, local emergency management |
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206 | 206 | | agencies, law enforcement, health departments, and fire |
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207 | 207 | | departments in the event of an emergency; [and] |
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208 | 208 | | (4) the implementation of a safety and security audit |
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209 | 209 | | as required by Subsection (c); and |
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210 | 210 | | (5) measures for the prompt recovery of services |
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211 | 211 | | provided by the institution after an active shooter emergency. |
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212 | 212 | | SECTION 8. Subchapter C, Chapter 418, Government Code, is |
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213 | 213 | | amended by adding Section 418.059 to read as follows: |
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214 | 214 | | Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO |
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215 | 215 | | ACTIVE SHOOTER EVENT. (a) The division shall develop a guide on |
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216 | 216 | | preparing for and responding to an active shooter event, with an |
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217 | 217 | | emphasis on providing information relevant to civic, volunteer, and |
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218 | 218 | | community organizations. |
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219 | 219 | | (b) The division shall post the guide on the division's |
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220 | 220 | | Internet website for public use. The guide must provide a |
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221 | 221 | | comprehensive approach to preparing for and responding to active |
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222 | 222 | | shooter events and include information on: |
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223 | 223 | | (1) planning and preparing the response to an active |
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224 | 224 | | shooter event, including recommended tactics and equipment; |
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225 | 225 | | (2) providing leadership, incident command, and |
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226 | 226 | | coordination in response to the event; |
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227 | 227 | | (3) communicating with the public during and after the |
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228 | 228 | | event; |
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229 | 229 | | (4) investigating and reporting following the event; |
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230 | 230 | | (5) arranging for trauma and support services, |
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231 | 231 | | including acute support services and long-term support services; |
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232 | 232 | | and |
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233 | 233 | | (6) preserving and restoring community cohesion and |
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234 | 234 | | public life after the event. |
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235 | 235 | | (c) In developing and revising the guide, the division may, |
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236 | 236 | | in collaboration with the department, seek the advice and |
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237 | 237 | | assistance of local governments, civic organizations, volunteer |
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238 | 238 | | organizations, and community leaders. |
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239 | 239 | | SECTION 9. Subchapter H, Chapter 418, Government Code, is |
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240 | 240 | | amended by adding Sections 418.1873 and 418.1877 to read as |
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241 | 241 | | follows: |
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242 | 242 | | Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE |
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243 | 243 | | SHOOTER EVENT REQUIRED FOR CERTAIN ENTITIES. (a) In this section: |
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244 | 244 | | (1) "Emergency medical services" and "emergency |
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245 | 245 | | medical services provider" have the meanings assigned by Section |
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246 | 246 | | 773.003, Health and Safety Code. |
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247 | 247 | | (2) "Local law enforcement agency" means a political |
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248 | 248 | | subdivision of this state authorized by law to employ or appoint |
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249 | 249 | | peace officers. |
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250 | 250 | | (b) Each local law enforcement agency and emergency medical |
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251 | 251 | | services provider that responds to an active shooter event by |
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252 | 252 | | providing law enforcement services or emergency medical services, |
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253 | 253 | | or both, shall: |
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254 | 254 | | (1) not later than the 30th day after the date of the |
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255 | 255 | | event, initiate an evaluation of the agency's or provider's |
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256 | 256 | | response to the event and submit a preliminary report to the |
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257 | 257 | | division and the department regarding, at minimum, the items |
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258 | 258 | | required in the template created under Subsection (c); and |
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259 | 259 | | (2) not later than the 60th day after the date of the |
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260 | 260 | | event, finalize the report described by Subdivision (1) and submit |
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261 | 261 | | the report to the division and the department. |
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262 | 262 | | (c) The division, in collaboration with the department, |
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263 | 263 | | shall create a template for use by a local law enforcement agency or |
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264 | 264 | | emergency medical services provider in evaluating and reporting on |
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265 | 265 | | the agency's or provider's response to an active shooter event. The |
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266 | 266 | | template must include: |
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267 | 267 | | (1) prompts for reporting on the following items: |
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268 | 268 | | (A) a brief description and outcome of the active |
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269 | 269 | | shooter event; |
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270 | 270 | | (B) a statement of personnel and equipment |
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271 | 271 | | deployed during the event; |
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272 | 272 | | (C) a cost analysis, including salaries, |
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273 | 273 | | equipment, and incidentals; |
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274 | 274 | | (D) a copy of appropriate event logs and reports; |
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275 | 275 | | (E) any maps, forms, or related documentation |
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276 | 276 | | used in responding to or evaluating the agency's or provider's |
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277 | 277 | | response to the event; |
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278 | 278 | | (F) a summary of any deaths or injuries that |
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279 | 279 | | occurred as a result of the event; |
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280 | 280 | | (G) any information relating to the status of |
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281 | 281 | | criminal investigations and subsequent prosecutions arising out of |
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282 | 282 | | the event; and |
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283 | 283 | | (H) a final evaluation, including: |
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284 | 284 | | (i) conclusions relating to the agency's or |
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285 | 285 | | provider's response to the event; |
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286 | 286 | | (ii) problems encountered during the |
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287 | 287 | | response regarding personnel, equipment, resources, or multiagency |
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288 | 288 | | response; |
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289 | 289 | | (iii) suggestions for revising policy, such |
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290 | 290 | | as improving training and equipment; and |
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291 | 291 | | (iv) any additional considerations that |
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292 | 292 | | would improve the agency's or provider's response to active shooter |
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293 | 293 | | events in the future; and |
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294 | 294 | | (2) any other content the division considers |
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295 | 295 | | appropriate. |
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296 | 296 | | (d) The division shall adopt rules to implement this |
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297 | 297 | | section, including a rule defining "active shooter event." |
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298 | 298 | | (e) A local law enforcement agency or emergency medical |
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299 | 299 | | services provider that complies with this section regarding an |
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300 | 300 | | active shooter event is not required to conduct any evaluation or |
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301 | 301 | | issue any report that may be required under Section 418.188 |
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302 | 302 | | regarding that event. |
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303 | 303 | | Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER |
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304 | 304 | | EVENTS REQUIRED. (a) In this section: |
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305 | 305 | | (1) "Emergency medical services personnel" and |
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306 | 306 | | "emergency medical services provider" have the meanings assigned by |
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307 | 307 | | Section 773.003, Health and Safety Code. |
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308 | 308 | | (2) "Local law enforcement agency" has the meaning |
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309 | 309 | | assigned by Section 418.1873. |
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310 | 310 | | (b) The division by rule shall require the peace officers of |
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311 | 311 | | each local law enforcement agency and the emergency medical |
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312 | 312 | | services personnel of each emergency medical services provider to |
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313 | 313 | | complete a training program each year that involves reviewing at |
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314 | 314 | | least one final report required by Section 418.1873. |
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315 | 315 | | (c) The division shall collaborate with the department, the |
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316 | 316 | | Texas Commission on Law Enforcement, and the Department of State |
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317 | 317 | | Health Services, as appropriate, to develop the training programs |
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318 | 318 | | required by Subsection (b). |
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319 | 319 | | (d) The division, the Texas Commission on Law Enforcement, |
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320 | 320 | | and the Department of State Health Services may adopt rules to |
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321 | 321 | | enforce this section. |
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322 | 322 | | SECTION 10. Chapter 418, Government Code, is amended by |
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323 | 323 | | adding Subchapter K to read as follows: |
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324 | 324 | | SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR |
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325 | 325 | | CERTAIN PUBLIC INFORMATION OFFICERS |
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326 | 326 | | Sec. 418.331. DEFINITION. In this subchapter, "public |
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327 | 327 | | information officer" means an individual who is employed or |
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328 | 328 | | appointed by a state agency, local government entity, or |
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329 | 329 | | open-enrollment charter school and whose duties include |
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330 | 330 | | communicating with the public during a disaster regarding the |
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331 | 331 | | disaster. |
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332 | 332 | | Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION |
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333 | 333 | | REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. Each of the |
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334 | 334 | | following entities shall employ or appoint a public information |
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335 | 335 | | officer who must obtain certification in emergency communications |
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336 | 336 | | from the division and complete continuing education on emergency |
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337 | 337 | | communications as provided by this subchapter: |
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338 | 338 | | (1) a municipality, including the municipal police |
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339 | 339 | | department; |
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340 | 340 | | (2) a county; |
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341 | 341 | | (3) a sheriff's office; |
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342 | 342 | | (4) an independent school district; |
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343 | 343 | | (5) an open-enrollment charter school; |
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344 | 344 | | (6) the department; and |
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345 | 345 | | (7) the division. |
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346 | 346 | | Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a) |
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347 | 347 | | A public information officer described by Section 418.332 shall: |
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348 | 348 | | (1) obtain certification from the division in |
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349 | 349 | | emergency communications not later than the first anniversary of |
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350 | 350 | | the date the public information officer was hired or appointed; and |
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351 | 351 | | (2) complete a continuing education program on |
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352 | 352 | | emergency communications administered by the Federal Emergency |
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353 | 353 | | Management Agency and approved by the division twice during each |
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354 | 354 | | 12-month period beginning on the date the public information |
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355 | 355 | | officer obtained certification. |
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356 | 356 | | (b) The division shall establish minimum education and |
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357 | 357 | | training requirements for initial certification and continuing |
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358 | 358 | | education under this subchapter by designating courses approved by |
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359 | 359 | | the Federal Emergency Management Agency. These minimum |
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360 | 360 | | requirements must include courses provided by the Federal Emergency |
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361 | 361 | | Management Agency on: |
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362 | 362 | | (1) the National Incident Management System; |
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363 | 363 | | (2) the Incident Command System; and |
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364 | 364 | | (3) the basic skills and principles necessary to |
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365 | 365 | | fulfill the role of a public information officer with respect to |
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366 | 366 | | emergency communications. |
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367 | 367 | | (c) The division shall assist the entities subject to |
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368 | 368 | | Section 418.332 in identifying approved training programs. |
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369 | 369 | | Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each |
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370 | 370 | | entity subject to Section 418.332 shall: |
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371 | 371 | | (1) maintain records that demonstrate the compliance |
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372 | 372 | | of each public information officer employed or appointed by that |
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373 | 373 | | entity with the certification and continuing education |
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374 | 374 | | requirements of this subchapter; and |
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375 | 375 | | (2) permit inspection and copying by the division, |
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376 | 376 | | during reasonable hours and in a reasonable manner, of the |
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377 | 377 | | compliance records required to be maintained under Subdivision (1). |
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378 | 378 | | (b) The division shall permit inspection and copying by the |
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379 | 379 | | department of the compliance records the division maintains under |
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380 | 380 | | Subsection (a)(1) during reasonable hours and in a reasonable |
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381 | 381 | | manner. |
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382 | 382 | | Sec. 418.335. RULES. The division may adopt rules to |
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383 | 383 | | administer this subchapter. |
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384 | 384 | | SECTION 11. Subchapter A, Chapter 772, Government Code, is |
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385 | 385 | | amended by adding Sections 772.00791, 772.013, and 772.014 to read |
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386 | 386 | | as follows: |
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387 | 387 | | Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT |
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388 | 388 | | PROGRAM. (a) In this section, "criminal justice division" means |
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389 | 389 | | the criminal justice division established under Section 772.006. |
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390 | 390 | | (b) The criminal justice division shall establish and |
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391 | 391 | | administer a grant program to provide financial assistance to a law |
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392 | 392 | | enforcement agency in this state for purposes of becoming |
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393 | 393 | | accredited or maintaining accreditation: |
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394 | 394 | | (1) through the Texas Police Chiefs Association Law |
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395 | 395 | | Enforcement Agency Best Practices Accreditation Program; |
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396 | 396 | | (2) by the Commission on Accreditation for Law |
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397 | 397 | | Enforcement Agencies, Inc.; |
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398 | 398 | | (3) by the International Association of Campus Law |
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399 | 399 | | Enforcement Administrators; |
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400 | 400 | | (4) by an accreditation program developed by the |
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401 | 401 | | Sheriffs' Association of Texas; or |
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402 | 402 | | (5) by an association or organization designated by |
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403 | 403 | | the Texas Commission on Law Enforcement as provided by Subsection |
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404 | 404 | | (i). |
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405 | 405 | | (c) Except as provided by Subsection (e), the amount of a |
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406 | 406 | | grant awarded to a law enforcement agency under this section is as |
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407 | 407 | | follows: |
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408 | 408 | | (1) $25,000 for each qualifying accreditation: |
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409 | 409 | | (A) held by the agency on the date on which the |
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410 | 410 | | program under this section was established; or |
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411 | 411 | | (B) received by the agency after the date |
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412 | 412 | | described by Paragraph (A); and |
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413 | 413 | | (2) $12,500 for each qualifying reaccreditation |
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414 | 414 | | received by the agency after the date described by Subdivision |
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415 | 415 | | (1)(A). |
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416 | 416 | | (d) A law enforcement agency may not be awarded a grant |
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417 | 417 | | described by Subsection (c)(1) with respect to an accreditation for |
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418 | 418 | | which the agency has previously been awarded a grant under that |
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419 | 419 | | subsection. |
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420 | 420 | | (e) If a law enforcement agency was awarded a grant |
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421 | 421 | | described by Subsection (c)(1) and the accreditation expires |
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422 | 422 | | without the agency receiving reaccreditation, the agency may be |
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423 | 423 | | awarded a grant under this section in the amount provided by |
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424 | 424 | | Subsection (c)(2) for becoming accredited by the accrediting entity |
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425 | 425 | | for which the grant under Subsection (c)(1) was awarded. |
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426 | 426 | | (f) The criminal justice division shall establish: |
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427 | 427 | | (1) eligibility criteria for grant applicants; |
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428 | 428 | | (2) grant application procedures; |
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429 | 429 | | (3) guidelines relating to grant amounts; |
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430 | 430 | | (4) procedures for evaluating grant applications; and |
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431 | 431 | | (5) procedures for monitoring the use of a grant |
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432 | 432 | | awarded under the program and ensuring compliance with any |
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433 | 433 | | conditions of a grant. |
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434 | 434 | | (g) Not later than December 1 of each year, the criminal |
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435 | 435 | | justice division shall submit to the Legislative Budget Board a |
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436 | 436 | | report that provides the following information for the preceding |
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437 | 437 | | state fiscal year: |
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438 | 438 | | (1) the name of each law enforcement agency that |
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439 | 439 | | applied for a grant under this section; and |
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440 | 440 | | (2) the amount of money distributed to each law |
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441 | 441 | | enforcement agency awarded a grant under this section. |
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442 | 442 | | (h) The criminal justice division may use any revenue |
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443 | 443 | | available for purposes of this section. |
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444 | 444 | | (i) The criminal justice division, with the assistance of |
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445 | 445 | | the Texas Commission on Law Enforcement, shall periodically review |
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446 | 446 | | associations and organizations that establish standards of |
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447 | 447 | | practice for law enforcement agencies and that offer accreditation |
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448 | 448 | | to agencies that meet those standards. On a determination by the |
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449 | 449 | | criminal justice division that accreditation of law enforcement |
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450 | 450 | | agencies in this state by an association or organization would |
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451 | 451 | | benefit public safety, the commission may designate the association |
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452 | 452 | | or organization as an accrediting entity for purposes of Subsection |
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453 | 453 | | (b)(5). |
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454 | 454 | | Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION |
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455 | 455 | | PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL |
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456 | 456 | | SUBDIVISIONS. (a) In this section: |
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457 | 457 | | (1) "Council of governments" means a regional planning |
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458 | 458 | | commission or similar regional planning commission created under |
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459 | 459 | | Chapter 391, Local Government Code. |
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460 | 460 | | (2) "Department" means the Department of Public |
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461 | 461 | | Safety. |
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462 | 462 | | (3) "First responder" means: |
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463 | 463 | | (A) a peace officer described by Article 2A.001, |
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464 | 464 | | Code of Criminal Procedure; |
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465 | 465 | | (B) an individual included as fire protection |
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466 | 466 | | personnel by Section 419.021; and |
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467 | 467 | | (C) an individual included as emergency medical |
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468 | 468 | | services personnel by Section 773.003, Health and Safety Code. |
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469 | 469 | | (b) To prepare for complex responses to and investigations |
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470 | 470 | | of emergencies that may occur within the territory of a council of |
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471 | 471 | | governments and that require mutual aid and support from more than |
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472 | 472 | | one governmental entity, the department and each political |
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473 | 473 | | subdivision that elects, appoints, or employs a first responder |
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474 | 474 | | within the territory of the council of governments shall |
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475 | 475 | | collectively participate in a multiagency tabletop exercise at |
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476 | 476 | | least semiannually and an in-person drill exercise at least |
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477 | 477 | | annually. |
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478 | 478 | | (c) The department shall invite any appropriate federal |
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479 | 479 | | agency to participate in an exercise described by Subsection (b). |
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480 | 480 | | Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF |
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481 | 481 | | PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this |
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482 | 482 | | section: |
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483 | 483 | | (1) "Council of governments" means a regional planning |
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484 | 484 | | commission or similar regional planning commission created under |
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485 | 485 | | Chapter 391, Local Government Code. |
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486 | 486 | | (2) "Department" means the Department of Public |
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487 | 487 | | Safety. |
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488 | 488 | | (b) The department and each local law enforcement agency |
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489 | 489 | | located wholly or partly within the geographic boundaries of a |
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490 | 490 | | council of governments shall collectively enter into a mutual aid |
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491 | 491 | | agreement that establishes the procedures for the provision of |
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492 | 492 | | resources, personnel, facilities, equipment, and supplies in |
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493 | 493 | | responses to critical incidents in a vertically integrated fashion. |
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494 | 494 | | (c) In establishing the procedures, the department and |
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495 | 495 | | local law enforcement agencies shall: |
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496 | 496 | | (1) give priority to establishing the |
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497 | 497 | | interoperability of communications equipment among the parties to |
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498 | 498 | | the agreement; |
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499 | 499 | | (2) establish procedures for interagency coordination |
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500 | 500 | | in activities arising from critical incidents, including evidence |
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501 | 501 | | collection; |
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502 | 502 | | (3) set jurisdictional boundaries; and |
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503 | 503 | | (4) determine the capabilities, processes, and |
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504 | 504 | | expectations among the parties to the agreement. |
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505 | 505 | | (d) The department shall invite any appropriate federal |
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506 | 506 | | agency to enter into the agreement described by Subsection (b). |
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507 | 507 | | SECTION 12. Chapter 370, Local Government Code, is amended |
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508 | 508 | | by adding Sections 370.010, 370.011, and 370.012 to read as |
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509 | 509 | | follows: |
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510 | 510 | | Sec. 370.010. RESILIENT EMERGENCY MANAGEMENT SYSTEM FOR |
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511 | 511 | | CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "first |
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512 | 512 | | responder" means: |
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513 | 513 | | (1) a peace officer described by Article 2A.001, Code |
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514 | 514 | | of Criminal Procedure; |
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515 | 515 | | (2) an individual included as fire protection |
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516 | 516 | | personnel by Section 419.021, Government Code; or |
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517 | 517 | | (3) an individual included as emergency medical |
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518 | 518 | | services personnel by Section 773.003, Health and Safety Code. |
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519 | 519 | | (b) A political subdivision that elects, appoints, or |
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520 | 520 | | employs first responders shall develop a resilient emergency |
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521 | 521 | | management system to coordinate the political subdivision's |
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522 | 522 | | response to an emergency. The system must provide for the |
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523 | 523 | | establishment of: |
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524 | 524 | | (1) a shared emergency response plan across each |
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525 | 525 | | department or agency of the political subdivision with a first |
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526 | 526 | | responder; and |
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527 | 527 | | (2) a multi-department and agency coordination group |
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528 | 528 | | to support resource prioritization and allocation for the political |
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529 | 529 | | subdivision during an emergency. |
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530 | 530 | | (c) The governing body of a political subdivision by |
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531 | 531 | | official action must approve the resilient emergency management |
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532 | 532 | | system required to be established under Subsection (b) for the |
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533 | 533 | | political subdivision. |
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534 | 534 | | Sec. 370.011. RECOVERY OF SERVICES OF CERTAIN POLITICAL |
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535 | 535 | | SUBDIVISIONS AND INTERJURISDICTIONAL AGENCIES AFTER ACTIVE SHOOTER |
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536 | 536 | | EMERGENCY. (a) In this section, "interjurisdictional agency" has |
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537 | 537 | | the meaning assigned by Section 418.004, Government Code. |
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538 | 538 | | (b) Each political subdivision and interjurisdictional |
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539 | 539 | | agency with an operations plan for emergency response shall adopt |
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540 | 540 | | and implement measures for the prompt recovery of services provided |
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541 | 541 | | by the political subdivision or agency after an active shooter |
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542 | 542 | | emergency. |
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543 | 543 | | Sec. 370.012. TACTICAL EQUIPMENT FOR LAW ENFORCEMENT |
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544 | 544 | | RESPONSE TO CRITICAL INCIDENT. (a) In this section: |
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545 | 545 | | (1) "Critical incident" has the meaning assigned by |
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546 | 546 | | Section 772.0074, Government Code. |
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547 | 547 | | (2) "Institution of higher education" means: |
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548 | 548 | | (A) an institution of higher education as defined |
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549 | 549 | | by Section 61.003, Education Code; or |
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550 | 550 | | (B) a private or independent institution of |
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551 | 551 | | higher education as defined by that section. |
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552 | 552 | | (3) "Law enforcement agency" means: |
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553 | 553 | | (A) a municipal police department; |
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554 | 554 | | (B) a county sheriff's department; |
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555 | 555 | | (C) a county constable's department; or |
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556 | 556 | | (D) a department or agency of a school district, |
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557 | 557 | | open-enrollment charter school, or institution of higher education |
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558 | 558 | | authorized by law to employ peace officers. |
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559 | 559 | | (4) "Peace officer" means an individual described by |
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560 | 560 | | Article 2A.001, Code of Criminal Procedure. |
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561 | 561 | | (5) "Tactical equipment" means equipment intended for |
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562 | 562 | | use by a peace officer to facilitate the officer's onsite response |
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563 | 563 | | to an ongoing critical incident, including: |
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564 | 564 | | (A) a weapon; |
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565 | 565 | | (B) a breaching tool; |
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566 | 566 | | (C) a ballistic shield; and |
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567 | 567 | | (D) a bulletproof vest or body armor. |
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568 | 568 | | (b) A law enforcement agency shall make available for use by |
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569 | 569 | | the agency's peace officers sufficient tactical equipment to allow |
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570 | 570 | | the peace officers to effectively respond to a critical incident. |
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571 | 571 | | (c) A law enforcement agency satisfies the requirement of |
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572 | 572 | | Subsection (b) by providing tactical equipment to equip the greater |
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573 | 573 | | of: |
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574 | 574 | | (1) at least 20 percent of the agency's peace officers; |
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575 | 575 | | or |
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576 | 576 | | (2) five of the agency's peace officers. |
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577 | 577 | | (d) A law enforcement agency may enter into a mutual aid |
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578 | 578 | | agreement with a law enforcement agency with overlapping or |
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579 | 579 | | adjacent jurisdiction to share tactical equipment during a critical |
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580 | 580 | | incident in the quantity that allows the agency to meet the |
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581 | 581 | | equipment requirement prescribed by Subsection (c). |
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582 | 582 | | SECTION 13. Chapter 391, Local Government Code, is amended |
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583 | 583 | | by adding Section 391.0041 to read as follows: |
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584 | 584 | | Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST |
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585 | 585 | | RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section: |
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586 | 586 | | (1) "Council of governments" means a regional planning |
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587 | 587 | | commission for a state planning region created under this chapter. |
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588 | 588 | | (2) "Critical incident" means an incident involving a |
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589 | 589 | | first responder that occurs while the first responder is performing |
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590 | 590 | | official duties and that results in serious bodily injury to the |
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591 | 591 | | first responder or poses a substantial risk of serious bodily |
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592 | 592 | | injury or death to the first responder or of serious harm to the |
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593 | 593 | | first responder's mental health or well-being. |
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594 | 594 | | (3) "First responder" means: |
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595 | 595 | | (A) a peace officer described by Article 2A.001, |
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596 | 596 | | Code of Criminal Procedure; |
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597 | 597 | | (B) an individual included as fire protection |
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598 | 598 | | personnel by Section 419.021, Government Code; and |
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599 | 599 | | (C) an individual included as emergency medical |
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600 | 600 | | services personnel by Section 773.003, Health and Safety Code. |
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601 | 601 | | (b) Each council of governments shall develop a mental |
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602 | 602 | | health resources plan to address the mental health needs of a first |
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603 | 603 | | responder following a critical incident that occurs within the |
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604 | 604 | | territory of the council. |
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605 | 605 | | (c) A plan developed under Subsection (b): |
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606 | 606 | | (1) must require the council of governments to |
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607 | 607 | | provide: |
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608 | 608 | | (A) education and training to a first responder |
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609 | 609 | | prior to a critical incident on topics including: |
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610 | 610 | | (i) the potential psychological impact that |
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611 | 611 | | being involved in an incident may have on the first responder; and |
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612 | 612 | | (ii) resources available to the first |
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613 | 613 | | responder to address the psychological impact of an incident, |
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614 | 614 | | including mental health counseling, peer support programs, and |
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615 | 615 | | stress management practices; or |
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616 | 616 | | (B) a list of recommended providers located |
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617 | 617 | | within the territory of the council who can provide the education |
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618 | 618 | | and training described by Paragraph (A); |
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619 | 619 | | (2) may recommend that an employer of a first |
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620 | 620 | | responder: |
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621 | 621 | | (A) provide mental health counseling for the |
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622 | 622 | | first responder following a critical incident; |
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623 | 623 | | (B) create a process to conduct a critical |
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624 | 624 | | incident stress debriefing following an incident; and |
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625 | 625 | | (C) create a peer support program to support the |
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626 | 626 | | first responder following an incident; and |
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627 | 627 | | (3) may include any other recommendation the council |
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628 | 628 | | of governments considers appropriate to address the mental health |
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629 | 629 | | needs of a first responder following a critical incident. |
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630 | 630 | | SECTION 14. Section 1701.253, Occupations Code, is amended |
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631 | 631 | | by adding Subsection (u) to read as follows: |
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632 | 632 | | (u) As part of the minimum curriculum requirements, the |
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633 | 633 | | commission shall require an officer to complete the training |
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634 | 634 | | courses described by Section 1701.273. |
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635 | 635 | | SECTION 15. Subchapter F, Chapter 1701, Occupations Code, |
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636 | 636 | | is amended by adding Section 1701.273 to read as follows: |
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637 | 637 | | Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND. |
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638 | 638 | | (a) The commission shall require a peace officer to complete the |
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639 | 639 | | following emergency response management training courses, or a |
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640 | 640 | | substantially similar successor course as determined by the |
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641 | 641 | | commission, provided by the Federal Emergency Management Agency: |
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642 | 642 | | (1) Introduction to the Incident Command System; and |
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643 | 643 | | (2) National Incident Management System, An |
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644 | 644 | | Introduction. |
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645 | 645 | | (b) The commission shall require an officer to complete the |
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646 | 646 | | training courses described by Subsection (a) unless the officer has |
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647 | 647 | | completed the training under Section 1701.253(u). |
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648 | 648 | | SECTION 16. Subchapter H, Chapter 1701, Occupations Code, |
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649 | 649 | | is amended by adding Section 1701.3526 to read as follows: |
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650 | 650 | | Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE |
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651 | 651 | | AND COMMAND. (a) The commission shall require a peace officer whose |
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652 | 652 | | duties involve the supervision of officers in an incident response |
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653 | 653 | | to complete, as part of the continuing education programs under |
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654 | 654 | | Section 1701.351(a), an advanced incident response and command |
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655 | 655 | | course provided by the Federal Emergency Management Agency, as |
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656 | 656 | | determined by commission rule. |
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657 | 657 | | (b) The exemption under Section 1701.351(d) does not apply |
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658 | 658 | | to the training required by Subsection (a). |
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659 | 659 | | SECTION 17. Each law enforcement agency to which Article |
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660 | 660 | | 2A.067, Code of Criminal Procedure, as added by this Act, applies |
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661 | 661 | | shall adopt the policy required by that article as soon as |
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662 | 662 | | practicable after the effective date of this Act. |
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663 | 663 | | SECTION 18. Not later than December 1, 2025, the Texas |
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664 | 664 | | Division of Emergency Management shall develop and post the guide |
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665 | 665 | | required by Section 418.059, Government Code, as added by this Act. |
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666 | 666 | | SECTION 19. A public information officer described by |
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667 | 667 | | Section 418.332, Government Code, as added by this Act, who was |
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668 | 668 | | employed or appointed before the effective date of this Act shall |
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669 | 669 | | obtain the certification required by Section 418.333, Government |
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670 | 670 | | Code, as added by this Act, not later than September 1, 2026. |
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671 | 671 | | SECTION 20. Not later than January 1, 2026, the Department |
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672 | 672 | | of Public Safety and local law enforcement agencies shall enter |
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673 | 673 | | into mutual aid agreements as required by Section 772.014, |
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674 | 674 | | Government Code, as added by this Act. |
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675 | 675 | | SECTION 21. Not later than January 1, 2026, each political |
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676 | 676 | | subdivision subject to Section 370.010, Local Government Code, as |
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677 | 677 | | added by this Act, shall establish a resilient emergency management |
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678 | 678 | | system as required by that section. |
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679 | 679 | | SECTION 22. As soon as practicable after the effective date |
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680 | 680 | | of this Act, each council of governments, as defined by Section |
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681 | 681 | | 391.0041, Local Government Code, as added by this Act, shall |
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682 | 682 | | develop a mental health resources plan required to be created under |
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683 | 683 | | that section. |
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684 | 684 | | SECTION 23. As soon as practicable after the effective date |
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685 | 685 | | of this Act, the Texas Commission on Law Enforcement shall adopt |
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686 | 686 | | rules to implement the changes in law made by this Act to |
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687 | 687 | | Subchapters F and H, Chapter 1701, Occupations Code. |
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688 | 688 | | SECTION 24. The minimum curriculum requirements under |
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689 | 689 | | Section 1701.253(u), Occupations Code, as added by this Act, apply |
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690 | 690 | | only to an officer who first begins to satisfy those requirements on |
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691 | 691 | | or after January 1, 2026. |
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692 | 692 | | SECTION 25. Section 1701.3526, Occupations Code, as added |
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693 | 693 | | by this Act, applies only with respect to a 24-month continuing |
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694 | 694 | | education training unit that begins on or after the effective date |
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695 | 695 | | of this Act. A training unit that begins before the effective date |
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696 | 696 | | of this Act is governed by the law in effect on the date the training |
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697 | 697 | | unit began, and the former law is continued in effect for that |
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698 | 698 | | purpose. |
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699 | 699 | | SECTION 26. This Act takes effect September 1, 2025. |
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