Texas 2025 - 89th Regular

Texas Senate Bill SB2862 Compare Versions

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11 89R12265 JBD-D
22 By: Flores S.B. No. 2862
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to active shooter events and other emergencies, including
1010 certain accreditations of law enforcement agencies that respond to
1111 such emergencies.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subchapter B, Chapter 2A, Code of Criminal
1414 Procedure, is amended by adding Article 2A.067 to read as follows:
1515 Art. 2A.067. POLICY FOR RESPONDING TO ACTIVE SHOOTER
1616 EMERGENCY. (a) This article applies only to a law enforcement
1717 agency of a municipality, county, school district, or institution
1818 of higher education, as defined by Section 61.003, Education Code.
1919 (b) Each law enforcement agency to which this article
2020 applies shall adopt a detailed written policy for responding to an
2121 active shooter emergency. The policy must be based on current best
2222 practices.
2323 SECTION 2. Section 12.104(b), Education Code, is amended to
2424 read as follows:
2525 (b) An open-enrollment charter school is subject to:
2626 (1) a provision of this title establishing a criminal
2727 offense;
2828 (2) the provisions in Chapter 554, Government Code;
2929 and
3030 (3) a prohibition, restriction, or requirement, as
3131 applicable, imposed by this title or a rule adopted under this
3232 title, relating to:
3333 (A) the Public Education Information Management
3434 System (PEIMS) to the extent necessary to monitor compliance with
3535 this subchapter as determined by the commissioner;
3636 (B) criminal history records under Subchapter C,
3737 Chapter 22;
3838 (C) reading instruments and accelerated reading
3939 instruction programs under Section 28.006;
4040 (D) accelerated instruction under Section
4141 28.0211;
4242 (E) high school graduation requirements under
4343 Section 28.025;
4444 (F) special education programs under Subchapter
4545 A, Chapter 29;
4646 (G) bilingual education under Subchapter B,
4747 Chapter 29;
4848 (H) prekindergarten programs under Subchapter E
4949 or E-1, Chapter 29, except class size limits for prekindergarten
5050 classes imposed under Section 25.112, which do not apply;
5151 (I) extracurricular activities under Section
5252 33.081;
5353 (J) discipline management practices or behavior
5454 management techniques under Section 37.0021;
5555 (K) health and safety under Chapter 38;
5656 (L) the provisions of Subchapter A, Chapter 39;
5757 (M) public school accountability and special
5858 investigations under Subchapters A, B, C, D, F, G, and J, Chapter
5959 39, and Chapter 39A;
6060 (N) the requirement under Section 21.006 to
6161 report an educator's misconduct;
6262 (O) intensive programs of instruction under
6363 Section 28.0213;
6464 (P) the right of a school employee to report a
6565 crime, as provided by Section 37.148;
6666 (Q) bullying prevention policies and procedures
6767 under Section 37.0832;
6868 (R) the right of a school under Section 37.0052
6969 to place a student who has engaged in certain bullying behavior in a
7070 disciplinary alternative education program or to expel the student;
7171 (S) the right under Section 37.0151 to report to
7272 local law enforcement certain conduct constituting assault or
7373 harassment;
7474 (T) a parent's right to information regarding the
7575 provision of assistance for learning difficulties to the parent's
7676 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
7777 (U) establishment of residency under Section
7878 25.001;
7979 (V) school safety requirements under Sections
8080 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
8181 37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207,
8282 and 37.2071 and Subchapter J, Chapter 37;
8383 (W) the early childhood literacy and mathematics
8484 proficiency plans under Section 11.185;
8585 (X) the college, career, and military readiness
8686 plans under Section 11.186; and
8787 (Y) parental options to retain a student under
8888 Section 28.02124.
8989 SECTION 3. Section 37.108, Education Code, is amended by
9090 amending Subsections (a) and (b) and adding Subsection (a-1) to
9191 read as follows:
9292 (a) Each school district or public junior college district
9393 shall adopt and implement a multihazard emergency operations plan
9494 for use in the district's facilities. The plan must address
9595 prevention, mitigation, preparedness, response, and recovery as
9696 defined by the Texas School Safety Center in conjunction with the
9797 governor's office of homeland security, the commissioner of
9898 education, and the commissioner of higher education. The plan must
9999 provide for:
100100 (1) training in responding to an emergency for
101101 district employees, including substitute teachers;
102102 (2) measures to ensure district employees, including
103103 substitute teachers, have classroom access to a telephone,
104104 including a cellular telephone, or another electronic
105105 communication device allowing for immediate contact with district
106106 emergency services or emergency services agencies, law enforcement
107107 agencies, health departments, and fire departments;
108108 (3) measures to ensure district communications
109109 technology and infrastructure are adequate to allow for
110110 communication during an emergency;
111111 (4) if the plan applies to a school district,
112112 mandatory school drills and exercises, including drills required
113113 under Section 37.114, to prepare district students and employees
114114 for responding to an emergency;
115115 (5) measures to ensure coordination with the
116116 Department of State Health Services and local emergency management
117117 agencies, law enforcement, health departments, and fire
118118 departments in the event of an emergency;
119119 (6) the implementation of a safety and security audit
120120 as required by Subsection (b); [and]
121121 (7) measures for the prompt recovery of services
122122 provided by the school district or public junior college district
123123 after an active shooter emergency; and
124124 (8) any other requirements established by the Texas
125125 School Safety Center in consultation with the agency and relevant
126126 local law enforcement agencies.
127127 (a-1) Annually, each school district or public junior
128128 college district shall organize a meeting with the Department of
129129 Public Safety, appropriate local law enforcement agencies, and
130130 local emergency first responders regarding the district's
131131 multihazard emergency operations plan. The meeting must include a
132132 discussion and analysis of how the district's multihazard emergency
133133 operations plan would be implemented in an emergency situation.
134134 (b) At least once every three years, each school district or
135135 public junior college district shall conduct a safety and security
136136 audit of the district's facilities that includes a security review
137137 as described by Section 37.1087 for each district facility. A
138138 district, or a person included in the registry established by the
139139 Texas School Safety Center under Section 37.2091 who is engaged by
140140 the district to conduct a safety and security audit, shall follow
141141 safety and security audit procedures developed by the Texas School
142142 Safety Center in coordination with the commissioner of education or
143143 commissioner of higher education, as applicable.
144144 SECTION 4. Section 37.1083(a), Education Code, is amended
145145 to read as follows:
146146 (a) The agency shall monitor the implementation and
147147 operation of requirements related to school district safety and
148148 security, including school district:
149149 (1) multihazard emergency operations plans; [and]
150150 (2) safety and security audits; and
151151 (3) security reviews.
152152 SECTION 5. Subchapter D, Chapter 37, Education Code, is
153153 amended by adding Section 37.1087 to read as follows:
154154 Sec. 37.1087. SECURITY REVIEW. (a) If a school district or
155155 public junior college district constructs, acquires, renovates, or
156156 improves a district facility, the district shall, as soon as
157157 practicable, conduct a security review of the facility to:
158158 (1) determine whether the facility meets school safety
159159 and security requirements; and
160160 (2) identify security vulnerabilities at the facility
161161 in the event of an active shooter emergency and describe strategies
162162 to mitigate each vulnerability identified.
163163 (b) The agency, in consultation with the Department of
164164 Public Safety and the Texas School Safety Center, shall establish
165165 guidelines for the security review required under this section.
166166 SECTION 6. Section 37.109(b), Education Code, is amended to
167167 read as follows:
168168 (b) The committee shall:
169169 (1) participate on behalf of the district in
170170 developing and implementing emergency plans consistent with the
171171 district multihazard emergency operations plan required by Section
172172 37.108(a) to ensure that the plans reflect specific campus,
173173 facility, or support services needs;
174174 (2) periodically provide recommendations to the
175175 district's board of trustees and district administrators regarding
176176 updating the district multihazard emergency operations plan
177177 required by Section 37.108(a) in accordance with best practices
178178 identified by the agency, the Texas School Safety Center, or a
179179 person included in the registry established by the Texas School
180180 Safety Center under Section 37.2091;
181181 (3) provide the district with any campus, facility, or
182182 support services information required in connection with a safety
183183 and security audit required by Section 37.108(b), a safety and
184184 security audit report required by Section 37.108(c), a security
185185 review required by Section 37.1087, or another report required to
186186 be submitted by the district to the Texas School Safety Center;
187187 (4) review each report required to be submitted by the
188188 district to the Texas School Safety Center to ensure that the report
189189 contains accurate and complete information regarding each campus,
190190 facility, or support service in accordance with criteria
191191 established by the center; and
192192 (5) consult with local law enforcement agencies on
193193 methods to increase law enforcement presence near district
194194 campuses.
195195 SECTION 7. Section 51.217(b), Education Code, is amended to
196196 read as follows:
197197 (b) An institution shall adopt and implement a multihazard
198198 emergency operations plan for use at the institution. The plan must
199199 address mitigation, preparedness, response, and recovery. The plan
200200 must provide for:
201201 (1) employee training in responding to an emergency;
202202 (2) mandatory drills to prepare students, faculty, and
203203 employees for responding to an emergency;
204204 (3) measures to ensure coordination with the
205205 Department of State Health Services, local emergency management
206206 agencies, law enforcement, health departments, and fire
207207 departments in the event of an emergency; [and]
208208 (4) the implementation of a safety and security audit
209209 as required by Subsection (c); and
210210 (5) measures for the prompt recovery of services
211211 provided by the institution after an active shooter emergency.
212212 SECTION 8. Subchapter C, Chapter 418, Government Code, is
213213 amended by adding Section 418.059 to read as follows:
214214 Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO
215215 ACTIVE SHOOTER EVENT. (a) The division shall develop a guide on
216216 preparing for and responding to an active shooter event, with an
217217 emphasis on providing information relevant to civic, volunteer, and
218218 community organizations.
219219 (b) The division shall post the guide on the division's
220220 Internet website for public use. The guide must provide a
221221 comprehensive approach to preparing for and responding to active
222222 shooter events and include information on:
223223 (1) planning and preparing the response to an active
224224 shooter event, including recommended tactics and equipment;
225225 (2) providing leadership, incident command, and
226226 coordination in response to the event;
227227 (3) communicating with the public during and after the
228228 event;
229229 (4) investigating and reporting following the event;
230230 (5) arranging for trauma and support services,
231231 including acute support services and long-term support services;
232232 and
233233 (6) preserving and restoring community cohesion and
234234 public life after the event.
235235 (c) In developing and revising the guide, the division may,
236236 in collaboration with the department, seek the advice and
237237 assistance of local governments, civic organizations, volunteer
238238 organizations, and community leaders.
239239 SECTION 9. Subchapter H, Chapter 418, Government Code, is
240240 amended by adding Sections 418.1873 and 418.1877 to read as
241241 follows:
242242 Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE
243243 SHOOTER EVENT REQUIRED FOR CERTAIN ENTITIES. (a) In this section:
244244 (1) "Emergency medical services" and "emergency
245245 medical services provider" have the meanings assigned by Section
246246 773.003, Health and Safety Code.
247247 (2) "Local law enforcement agency" means a political
248248 subdivision of this state authorized by law to employ or appoint
249249 peace officers.
250250 (b) Each local law enforcement agency and emergency medical
251251 services provider that responds to an active shooter event by
252252 providing law enforcement services or emergency medical services,
253253 or both, shall:
254254 (1) not later than the 30th day after the date of the
255255 event, initiate an evaluation of the agency's or provider's
256256 response to the event and submit a preliminary report to the
257257 division and the department regarding, at minimum, the items
258258 required in the template created under Subsection (c); and
259259 (2) not later than the 60th day after the date of the
260260 event, finalize the report described by Subdivision (1) and submit
261261 the report to the division and the department.
262262 (c) The division, in collaboration with the department,
263263 shall create a template for use by a local law enforcement agency or
264264 emergency medical services provider in evaluating and reporting on
265265 the agency's or provider's response to an active shooter event. The
266266 template must include:
267267 (1) prompts for reporting on the following items:
268268 (A) a brief description and outcome of the active
269269 shooter event;
270270 (B) a statement of personnel and equipment
271271 deployed during the event;
272272 (C) a cost analysis, including salaries,
273273 equipment, and incidentals;
274274 (D) a copy of appropriate event logs and reports;
275275 (E) any maps, forms, or related documentation
276276 used in responding to or evaluating the agency's or provider's
277277 response to the event;
278278 (F) a summary of any deaths or injuries that
279279 occurred as a result of the event;
280280 (G) any information relating to the status of
281281 criminal investigations and subsequent prosecutions arising out of
282282 the event; and
283283 (H) a final evaluation, including:
284284 (i) conclusions relating to the agency's or
285285 provider's response to the event;
286286 (ii) problems encountered during the
287287 response regarding personnel, equipment, resources, or multiagency
288288 response;
289289 (iii) suggestions for revising policy, such
290290 as improving training and equipment; and
291291 (iv) any additional considerations that
292292 would improve the agency's or provider's response to active shooter
293293 events in the future; and
294294 (2) any other content the division considers
295295 appropriate.
296296 (d) The division shall adopt rules to implement this
297297 section, including a rule defining "active shooter event."
298298 (e) A local law enforcement agency or emergency medical
299299 services provider that complies with this section regarding an
300300 active shooter event is not required to conduct any evaluation or
301301 issue any report that may be required under Section 418.188
302302 regarding that event.
303303 Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER
304304 EVENTS REQUIRED. (a) In this section:
305305 (1) "Emergency medical services personnel" and
306306 "emergency medical services provider" have the meanings assigned by
307307 Section 773.003, Health and Safety Code.
308308 (2) "Local law enforcement agency" has the meaning
309309 assigned by Section 418.1873.
310310 (b) The division by rule shall require the peace officers of
311311 each local law enforcement agency and the emergency medical
312312 services personnel of each emergency medical services provider to
313313 complete a training program each year that involves reviewing at
314314 least one final report required by Section 418.1873.
315315 (c) The division shall collaborate with the department, the
316316 Texas Commission on Law Enforcement, and the Department of State
317317 Health Services, as appropriate, to develop the training programs
318318 required by Subsection (b).
319319 (d) The division, the Texas Commission on Law Enforcement,
320320 and the Department of State Health Services may adopt rules to
321321 enforce this section.
322322 SECTION 10. Chapter 418, Government Code, is amended by
323323 adding Subchapter K to read as follows:
324324 SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR
325325 CERTAIN PUBLIC INFORMATION OFFICERS
326326 Sec. 418.331. DEFINITION. In this subchapter, "public
327327 information officer" means an individual who is employed or
328328 appointed by a state agency, local government entity, or
329329 open-enrollment charter school and whose duties include
330330 communicating with the public during a disaster regarding the
331331 disaster.
332332 Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION
333333 REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. Each of the
334334 following entities shall employ or appoint a public information
335335 officer who must obtain certification in emergency communications
336336 from the division and complete continuing education on emergency
337337 communications as provided by this subchapter:
338338 (1) a municipality, including the municipal police
339339 department;
340340 (2) a county;
341341 (3) a sheriff's office;
342342 (4) an independent school district;
343343 (5) an open-enrollment charter school;
344344 (6) the department; and
345345 (7) the division.
346346 Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a)
347347 A public information officer described by Section 418.332 shall:
348348 (1) obtain certification from the division in
349349 emergency communications not later than the first anniversary of
350350 the date the public information officer was hired or appointed; and
351351 (2) complete a continuing education program on
352352 emergency communications administered by the Federal Emergency
353353 Management Agency and approved by the division twice during each
354354 12-month period beginning on the date the public information
355355 officer obtained certification.
356356 (b) The division shall establish minimum education and
357357 training requirements for initial certification and continuing
358358 education under this subchapter by designating courses approved by
359359 the Federal Emergency Management Agency. These minimum
360360 requirements must include courses provided by the Federal Emergency
361361 Management Agency on:
362362 (1) the National Incident Management System;
363363 (2) the Incident Command System; and
364364 (3) the basic skills and principles necessary to
365365 fulfill the role of a public information officer with respect to
366366 emergency communications.
367367 (c) The division shall assist the entities subject to
368368 Section 418.332 in identifying approved training programs.
369369 Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each
370370 entity subject to Section 418.332 shall:
371371 (1) maintain records that demonstrate the compliance
372372 of each public information officer employed or appointed by that
373373 entity with the certification and continuing education
374374 requirements of this subchapter; and
375375 (2) permit inspection and copying by the division,
376376 during reasonable hours and in a reasonable manner, of the
377377 compliance records required to be maintained under Subdivision (1).
378378 (b) The division shall permit inspection and copying by the
379379 department of the compliance records the division maintains under
380380 Subsection (a)(1) during reasonable hours and in a reasonable
381381 manner.
382382 Sec. 418.335. RULES. The division may adopt rules to
383383 administer this subchapter.
384384 SECTION 11. Subchapter A, Chapter 772, Government Code, is
385385 amended by adding Sections 772.00791, 772.013, and 772.014 to read
386386 as follows:
387387 Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT
388388 PROGRAM. (a) In this section, "criminal justice division" means
389389 the criminal justice division established under Section 772.006.
390390 (b) The criminal justice division shall establish and
391391 administer a grant program to provide financial assistance to a law
392392 enforcement agency in this state for purposes of becoming
393393 accredited or maintaining accreditation:
394394 (1) through the Texas Police Chiefs Association Law
395395 Enforcement Agency Best Practices Accreditation Program;
396396 (2) by the Commission on Accreditation for Law
397397 Enforcement Agencies, Inc.;
398398 (3) by the International Association of Campus Law
399399 Enforcement Administrators;
400400 (4) by an accreditation program developed by the
401401 Sheriffs' Association of Texas; or
402402 (5) by an association or organization designated by
403403 the Texas Commission on Law Enforcement as provided by Subsection
404404 (i).
405405 (c) Except as provided by Subsection (e), the amount of a
406406 grant awarded to a law enforcement agency under this section is as
407407 follows:
408408 (1) $25,000 for each qualifying accreditation:
409409 (A) held by the agency on the date on which the
410410 program under this section was established; or
411411 (B) received by the agency after the date
412412 described by Paragraph (A); and
413413 (2) $12,500 for each qualifying reaccreditation
414414 received by the agency after the date described by Subdivision
415415 (1)(A).
416416 (d) A law enforcement agency may not be awarded a grant
417417 described by Subsection (c)(1) with respect to an accreditation for
418418 which the agency has previously been awarded a grant under that
419419 subsection.
420420 (e) If a law enforcement agency was awarded a grant
421421 described by Subsection (c)(1) and the accreditation expires
422422 without the agency receiving reaccreditation, the agency may be
423423 awarded a grant under this section in the amount provided by
424424 Subsection (c)(2) for becoming accredited by the accrediting entity
425425 for which the grant under Subsection (c)(1) was awarded.
426426 (f) The criminal justice division shall establish:
427427 (1) eligibility criteria for grant applicants;
428428 (2) grant application procedures;
429429 (3) guidelines relating to grant amounts;
430430 (4) procedures for evaluating grant applications; and
431431 (5) procedures for monitoring the use of a grant
432432 awarded under the program and ensuring compliance with any
433433 conditions of a grant.
434434 (g) Not later than December 1 of each year, the criminal
435435 justice division shall submit to the Legislative Budget Board a
436436 report that provides the following information for the preceding
437437 state fiscal year:
438438 (1) the name of each law enforcement agency that
439439 applied for a grant under this section; and
440440 (2) the amount of money distributed to each law
441441 enforcement agency awarded a grant under this section.
442442 (h) The criminal justice division may use any revenue
443443 available for purposes of this section.
444444 (i) The criminal justice division, with the assistance of
445445 the Texas Commission on Law Enforcement, shall periodically review
446446 associations and organizations that establish standards of
447447 practice for law enforcement agencies and that offer accreditation
448448 to agencies that meet those standards. On a determination by the
449449 criminal justice division that accreditation of law enforcement
450450 agencies in this state by an association or organization would
451451 benefit public safety, the commission may designate the association
452452 or organization as an accrediting entity for purposes of Subsection
453453 (b)(5).
454454 Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION
455455 PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL
456456 SUBDIVISIONS. (a) In this section:
457457 (1) "Council of governments" means a regional planning
458458 commission or similar regional planning commission created under
459459 Chapter 391, Local Government Code.
460460 (2) "Department" means the Department of Public
461461 Safety.
462462 (3) "First responder" means:
463463 (A) a peace officer described by Article 2A.001,
464464 Code of Criminal Procedure;
465465 (B) an individual included as fire protection
466466 personnel by Section 419.021; and
467467 (C) an individual included as emergency medical
468468 services personnel by Section 773.003, Health and Safety Code.
469469 (b) To prepare for complex responses to and investigations
470470 of emergencies that may occur within the territory of a council of
471471 governments and that require mutual aid and support from more than
472472 one governmental entity, the department and each political
473473 subdivision that elects, appoints, or employs a first responder
474474 within the territory of the council of governments shall
475475 collectively participate in a multiagency tabletop exercise at
476476 least semiannually and an in-person drill exercise at least
477477 annually.
478478 (c) The department shall invite any appropriate federal
479479 agency to participate in an exercise described by Subsection (b).
480480 Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF
481481 PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this
482482 section:
483483 (1) "Council of governments" means a regional planning
484484 commission or similar regional planning commission created under
485485 Chapter 391, Local Government Code.
486486 (2) "Department" means the Department of Public
487487 Safety.
488488 (b) The department and each local law enforcement agency
489489 located wholly or partly within the geographic boundaries of a
490490 council of governments shall collectively enter into a mutual aid
491491 agreement that establishes the procedures for the provision of
492492 resources, personnel, facilities, equipment, and supplies in
493493 responses to critical incidents in a vertically integrated fashion.
494494 (c) In establishing the procedures, the department and
495495 local law enforcement agencies shall:
496496 (1) give priority to establishing the
497497 interoperability of communications equipment among the parties to
498498 the agreement;
499499 (2) establish procedures for interagency coordination
500500 in activities arising from critical incidents, including evidence
501501 collection;
502502 (3) set jurisdictional boundaries; and
503503 (4) determine the capabilities, processes, and
504504 expectations among the parties to the agreement.
505505 (d) The department shall invite any appropriate federal
506506 agency to enter into the agreement described by Subsection (b).
507507 SECTION 12. Chapter 370, Local Government Code, is amended
508508 by adding Sections 370.010, 370.011, and 370.012 to read as
509509 follows:
510510 Sec. 370.010. RESILIENT EMERGENCY MANAGEMENT SYSTEM FOR
511511 CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "first
512512 responder" means:
513513 (1) a peace officer described by Article 2A.001, Code
514514 of Criminal Procedure;
515515 (2) an individual included as fire protection
516516 personnel by Section 419.021, Government Code; or
517517 (3) an individual included as emergency medical
518518 services personnel by Section 773.003, Health and Safety Code.
519519 (b) A political subdivision that elects, appoints, or
520520 employs first responders shall develop a resilient emergency
521521 management system to coordinate the political subdivision's
522522 response to an emergency. The system must provide for the
523523 establishment of:
524524 (1) a shared emergency response plan across each
525525 department or agency of the political subdivision with a first
526526 responder; and
527527 (2) a multi-department and agency coordination group
528528 to support resource prioritization and allocation for the political
529529 subdivision during an emergency.
530530 (c) The governing body of a political subdivision by
531531 official action must approve the resilient emergency management
532532 system required to be established under Subsection (b) for the
533533 political subdivision.
534534 Sec. 370.011. RECOVERY OF SERVICES OF CERTAIN POLITICAL
535535 SUBDIVISIONS AND INTERJURISDICTIONAL AGENCIES AFTER ACTIVE SHOOTER
536536 EMERGENCY. (a) In this section, "interjurisdictional agency" has
537537 the meaning assigned by Section 418.004, Government Code.
538538 (b) Each political subdivision and interjurisdictional
539539 agency with an operations plan for emergency response shall adopt
540540 and implement measures for the prompt recovery of services provided
541541 by the political subdivision or agency after an active shooter
542542 emergency.
543543 Sec. 370.012. TACTICAL EQUIPMENT FOR LAW ENFORCEMENT
544544 RESPONSE TO CRITICAL INCIDENT. (a) In this section:
545545 (1) "Critical incident" has the meaning assigned by
546546 Section 772.0074, Government Code.
547547 (2) "Institution of higher education" means:
548548 (A) an institution of higher education as defined
549549 by Section 61.003, Education Code; or
550550 (B) a private or independent institution of
551551 higher education as defined by that section.
552552 (3) "Law enforcement agency" means:
553553 (A) a municipal police department;
554554 (B) a county sheriff's department;
555555 (C) a county constable's department; or
556556 (D) a department or agency of a school district,
557557 open-enrollment charter school, or institution of higher education
558558 authorized by law to employ peace officers.
559559 (4) "Peace officer" means an individual described by
560560 Article 2A.001, Code of Criminal Procedure.
561561 (5) "Tactical equipment" means equipment intended for
562562 use by a peace officer to facilitate the officer's onsite response
563563 to an ongoing critical incident, including:
564564 (A) a weapon;
565565 (B) a breaching tool;
566566 (C) a ballistic shield; and
567567 (D) a bulletproof vest or body armor.
568568 (b) A law enforcement agency shall make available for use by
569569 the agency's peace officers sufficient tactical equipment to allow
570570 the peace officers to effectively respond to a critical incident.
571571 (c) A law enforcement agency satisfies the requirement of
572572 Subsection (b) by providing tactical equipment to equip the greater
573573 of:
574574 (1) at least 20 percent of the agency's peace officers;
575575 or
576576 (2) five of the agency's peace officers.
577577 (d) A law enforcement agency may enter into a mutual aid
578578 agreement with a law enforcement agency with overlapping or
579579 adjacent jurisdiction to share tactical equipment during a critical
580580 incident in the quantity that allows the agency to meet the
581581 equipment requirement prescribed by Subsection (c).
582582 SECTION 13. Chapter 391, Local Government Code, is amended
583583 by adding Section 391.0041 to read as follows:
584584 Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST
585585 RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section:
586586 (1) "Council of governments" means a regional planning
587587 commission for a state planning region created under this chapter.
588588 (2) "Critical incident" means an incident involving a
589589 first responder that occurs while the first responder is performing
590590 official duties and that results in serious bodily injury to the
591591 first responder or poses a substantial risk of serious bodily
592592 injury or death to the first responder or of serious harm to the
593593 first responder's mental health or well-being.
594594 (3) "First responder" means:
595595 (A) a peace officer described by Article 2A.001,
596596 Code of Criminal Procedure;
597597 (B) an individual included as fire protection
598598 personnel by Section 419.021, Government Code; and
599599 (C) an individual included as emergency medical
600600 services personnel by Section 773.003, Health and Safety Code.
601601 (b) Each council of governments shall develop a mental
602602 health resources plan to address the mental health needs of a first
603603 responder following a critical incident that occurs within the
604604 territory of the council.
605605 (c) A plan developed under Subsection (b):
606606 (1) must require the council of governments to
607607 provide:
608608 (A) education and training to a first responder
609609 prior to a critical incident on topics including:
610610 (i) the potential psychological impact that
611611 being involved in an incident may have on the first responder; and
612612 (ii) resources available to the first
613613 responder to address the psychological impact of an incident,
614614 including mental health counseling, peer support programs, and
615615 stress management practices; or
616616 (B) a list of recommended providers located
617617 within the territory of the council who can provide the education
618618 and training described by Paragraph (A);
619619 (2) may recommend that an employer of a first
620620 responder:
621621 (A) provide mental health counseling for the
622622 first responder following a critical incident;
623623 (B) create a process to conduct a critical
624624 incident stress debriefing following an incident; and
625625 (C) create a peer support program to support the
626626 first responder following an incident; and
627627 (3) may include any other recommendation the council
628628 of governments considers appropriate to address the mental health
629629 needs of a first responder following a critical incident.
630630 SECTION 14. Section 1701.253, Occupations Code, is amended
631631 by adding Subsection (u) to read as follows:
632632 (u) As part of the minimum curriculum requirements, the
633633 commission shall require an officer to complete the training
634634 courses described by Section 1701.273.
635635 SECTION 15. Subchapter F, Chapter 1701, Occupations Code,
636636 is amended by adding Section 1701.273 to read as follows:
637637 Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND.
638638 (a) The commission shall require a peace officer to complete the
639639 following emergency response management training courses, or a
640640 substantially similar successor course as determined by the
641641 commission, provided by the Federal Emergency Management Agency:
642642 (1) Introduction to the Incident Command System; and
643643 (2) National Incident Management System, An
644644 Introduction.
645645 (b) The commission shall require an officer to complete the
646646 training courses described by Subsection (a) unless the officer has
647647 completed the training under Section 1701.253(u).
648648 SECTION 16. Subchapter H, Chapter 1701, Occupations Code,
649649 is amended by adding Section 1701.3526 to read as follows:
650650 Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE
651651 AND COMMAND. (a) The commission shall require a peace officer whose
652652 duties involve the supervision of officers in an incident response
653653 to complete, as part of the continuing education programs under
654654 Section 1701.351(a), an advanced incident response and command
655655 course provided by the Federal Emergency Management Agency, as
656656 determined by commission rule.
657657 (b) The exemption under Section 1701.351(d) does not apply
658658 to the training required by Subsection (a).
659659 SECTION 17. Each law enforcement agency to which Article
660660 2A.067, Code of Criminal Procedure, as added by this Act, applies
661661 shall adopt the policy required by that article as soon as
662662 practicable after the effective date of this Act.
663663 SECTION 18. Not later than December 1, 2025, the Texas
664664 Division of Emergency Management shall develop and post the guide
665665 required by Section 418.059, Government Code, as added by this Act.
666666 SECTION 19. A public information officer described by
667667 Section 418.332, Government Code, as added by this Act, who was
668668 employed or appointed before the effective date of this Act shall
669669 obtain the certification required by Section 418.333, Government
670670 Code, as added by this Act, not later than September 1, 2026.
671671 SECTION 20. Not later than January 1, 2026, the Department
672672 of Public Safety and local law enforcement agencies shall enter
673673 into mutual aid agreements as required by Section 772.014,
674674 Government Code, as added by this Act.
675675 SECTION 21. Not later than January 1, 2026, each political
676676 subdivision subject to Section 370.010, Local Government Code, as
677677 added by this Act, shall establish a resilient emergency management
678678 system as required by that section.
679679 SECTION 22. As soon as practicable after the effective date
680680 of this Act, each council of governments, as defined by Section
681681 391.0041, Local Government Code, as added by this Act, shall
682682 develop a mental health resources plan required to be created under
683683 that section.
684684 SECTION 23. As soon as practicable after the effective date
685685 of this Act, the Texas Commission on Law Enforcement shall adopt
686686 rules to implement the changes in law made by this Act to
687687 Subchapters F and H, Chapter 1701, Occupations Code.
688688 SECTION 24. The minimum curriculum requirements under
689689 Section 1701.253(u), Occupations Code, as added by this Act, apply
690690 only to an officer who first begins to satisfy those requirements on
691691 or after January 1, 2026.
692692 SECTION 25. Section 1701.3526, Occupations Code, as added
693693 by this Act, applies only with respect to a 24-month continuing
694694 education training unit that begins on or after the effective date
695695 of this Act. A training unit that begins before the effective date
696696 of this Act is governed by the law in effect on the date the training
697697 unit began, and the former law is continued in effect for that
698698 purpose.
699699 SECTION 26. This Act takes effect September 1, 2025.