1 | 1 | | 89R2753 MM-D |
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2 | 2 | | By: Menéndez S.B. No. 752 |
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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 measures to ensure the safety of individuals with |
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10 | 10 | | disabilities during an emergency situation at public postsecondary |
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11 | 11 | | institutions. |
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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. Section 51.217(b), Education Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (b) An institution shall adopt and implement a multihazard |
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16 | 16 | | emergency operations plan for use at the institution. The plan must |
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17 | 17 | | address mitigation, preparedness, response, and recovery. The plan |
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18 | 18 | | must provide for: |
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19 | 19 | | (1) employee training in responding to an emergency; |
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20 | 20 | | (2) mandatory drills to prepare students, faculty, and |
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21 | 21 | | employees for responding to an emergency; |
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22 | 22 | | (3) measures to ensure coordination with the |
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23 | 23 | | Department of State Health Services, local emergency management |
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24 | 24 | | agencies, law enforcement, health departments, and fire |
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25 | 25 | | departments in the event of an emergency; [and] |
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26 | 26 | | (4) the implementation of a safety and security audit |
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27 | 27 | | as required by Subsection (c); and |
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28 | 28 | | (5) measures for ensuring that, during an emergency |
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29 | 29 | | situation, students, institution personnel, and guests with |
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30 | 30 | | disabilities are provided equal access to safety based on the rules |
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31 | 31 | | adopted by the Texas Higher Education Coordinating Board under |
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32 | 32 | | Section 61.06643, including the development of an emergency plan |
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33 | 33 | | that will accommodate individuals with different disabilities and |
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34 | 34 | | provide them with access to emergency evacuation assistance devices |
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35 | 35 | | in appropriate circumstances. |
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36 | 36 | | SECTION 2. Subchapter E, Chapter 51, Education Code, is |
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37 | 37 | | amended by adding Section 51.222 to read as follows: |
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38 | 38 | | Sec. 51.222. EMERGENCY EVACUATION ASSISTANCE DEVICES |
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39 | 39 | | REQUIRED. (a) In this section, "institution of higher education" |
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40 | 40 | | has the meaning assigned by Section 61.003. |
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41 | 41 | | (b) For each building that is located on the campus of an |
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42 | 42 | | institution of higher education and that has two or more floors, the |
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43 | 43 | | institution shall install on each floor emergency evacuation |
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44 | 44 | | assistance devices for use by individuals with disabilities who |
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45 | 45 | | require mobility assistance. |
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46 | 46 | | (c) An institution may use any available revenue, including |
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47 | 47 | | grants under Section 61.06644 and legislative appropriations, and |
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48 | 48 | | may solicit and accept gifts, grants, and donations from any public |
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49 | 49 | | or private source for the purposes of this section. |
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50 | 50 | | SECTION 3. Subchapter C, Chapter 61, Education Code, is |
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51 | 51 | | amended by adding Sections 61.06643 and 61.06644 to read as |
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52 | 52 | | follows: |
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53 | 53 | | Sec. 61.06643. RULES REGARDING MULTIHAZARD EMERGENCY |
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54 | 54 | | OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES. (a) |
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55 | 55 | | The board shall adopt rules for the required provisions in an |
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56 | 56 | | institution's multihazard emergency operations plan under Section |
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57 | 57 | | 51.217(b)(5) to ensure the safety of students, institution |
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58 | 58 | | personnel, and guests with disabilities during an emergency |
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59 | 59 | | situation. |
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60 | 60 | | (b) In adopting rules under Subsection (a), the board shall |
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61 | 61 | | consult with: |
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62 | 62 | | (1) the advisory council on postsecondary education |
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63 | 63 | | for persons with intellectual and developmental disabilities |
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64 | 64 | | established under Section 61.06641; |
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65 | 65 | | (2) the Governor's Committee on People with |
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66 | 66 | | Disabilities; and |
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67 | 67 | | (3) the Texas Council for Developmental Disabilities. |
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68 | 68 | | (c) An institution must follow the rules adopted by the |
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69 | 69 | | board under Subsection (a) in adopting and implementing the |
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70 | 70 | | institution's multihazard emergency operations plan under Section |
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71 | 71 | | 51.217. |
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72 | 72 | | Sec. 61.06644. EMERGENCY EVACUATION ASSISTANCE DEVICES FOR |
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73 | 73 | | INDIVIDUALS WITH DISABILITIES GRANT PROGRAM. (a) The board shall |
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74 | 74 | | establish and administer the emergency evacuation assistance |
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75 | 75 | | devices for individuals with disabilities grant program to provide |
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76 | 76 | | grants to institutions of higher education to enable those |
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77 | 77 | | institutions to purchase and install, and to train institution |
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78 | 78 | | personnel to operate, any emergency evacuation assistance devices |
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79 | 79 | | required under Section 51.222. |
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80 | 80 | | (b) In awarding grants under this section, the board shall |
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81 | 81 | | give priority to institutions that demonstrate the highest need |
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82 | 82 | | based on the number of students on the institution's campus who |
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83 | 83 | | would require an emergency evacuation assistance device in an |
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84 | 84 | | emergency situation. |
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85 | 85 | | (c) A grant provided under this section: |
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86 | 86 | | (1) must be used for purchasing and installing any |
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87 | 87 | | emergency evacuation assistance devices required under Section |
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88 | 88 | | 51.222; and |
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89 | 89 | | (2) may be used to provide any training that is |
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90 | 90 | | necessary for institution personnel to: |
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91 | 91 | | (A) administer the institution's evacuation plan |
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92 | 92 | | with respect to the devices; or |
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93 | 93 | | (B) assist other individuals in operating the |
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94 | 94 | | devices. |
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95 | 95 | | (d) The board may solicit and accept gifts, grants, and |
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96 | 96 | | donations from any public or private source for purposes of this |
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97 | 97 | | section. |
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98 | 98 | | (e) The board shall adopt rules for the administration of |
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99 | 99 | | this section, including rules creating a process for institutions |
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100 | 100 | | of higher education to apply for grants, establishing procedures |
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101 | 101 | | and criteria for evaluating those applications and awarding the |
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102 | 102 | | grants, and verifying that grant funds awarded under this section |
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103 | 103 | | are used appropriately. |
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104 | 104 | | SECTION 4. As soon as practicable after the effective date |
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105 | 105 | | of this Act but not later than May 1, 2026, the Texas Higher |
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106 | 106 | | Education Coordinating Board shall adopt the rules required by |
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107 | 107 | | Sections 61.06643 and 61.06644, Education Code, as added by this |
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108 | 108 | | Act. |
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109 | 109 | | SECTION 5. Section 51.222, Education Code, as added by this |
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110 | 110 | | Act, applies beginning with the 2026-2027 academic year. |
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111 | 111 | | SECTION 6. This Act takes effect immediately if it receives |
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112 | 112 | | a vote of two-thirds of all the members elected to each house, as |
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113 | 113 | | provided by Section 39, Article III, Texas Constitution. If this |
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114 | 114 | | Act does not receive the vote necessary for immediate effect, this |
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115 | 115 | | Act takes effect September 1, 2025. |
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