Bill Text: TX HB1177 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a school security volunteer program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-02 - Referred to Youth Health & Safety, Select [HB1177 Detail]
Download: Texas-2023-HB1177-Introduced.html
88R3958 DIO-D | ||
By: Patterson | H.B. No. 1177 |
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relating to a school security volunteer program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.0816 to read as follows: | ||
Sec. 37.0816. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In | ||
this section: | ||
(1) "Honorably retired" has the meaning assigned by | ||
Section 411.199(c), Government Code. | ||
(2) "Qualified retired law enforcement officer" means | ||
a person who: | ||
(A) meets the qualifications provided by 18 | ||
U.S.C. Section 926C(c); and | ||
(B) is honorably retired. | ||
(3) "Veteran" has the meaning assigned by Section | ||
521.1235, Transportation Code. | ||
(b) The board of trustees of a school district or the | ||
governing body of an open-enrollment charter school may approve a | ||
program under which the district or school provides written | ||
regulations or written authorization for eligible persons to serve | ||
as school security volunteers by: | ||
(1) providing security services for the district or | ||
school on school grounds, including any location in which an | ||
activity sponsored by the district or school is being conducted, | ||
and in school vehicles; and | ||
(2) carrying a handgun in providing the security | ||
services under Subdivision (1). | ||
(c) A person is eligible to serve as a school security | ||
volunteer for a program approved under this section only if: | ||
(1) the person is not: | ||
(A) an employee of the district or school; | ||
(B) a contractor providing services under a | ||
contract with the district or school; or | ||
(C) a person who otherwise receives compensation | ||
or remuneration from the district or school; | ||
(2) the person is: | ||
(A) a qualified retired law enforcement officer; | ||
or | ||
(B) a veteran; and | ||
(3) the board of trustees or governing body determines | ||
the person is eligible based on the results of a criminal background | ||
check conducted on the person using criminal history record | ||
information obtained by the district or school in accordance with | ||
Section 22.0835. | ||
(d) A school district or open-enrollment charter school | ||
that approves a program under this section must include the program | ||
in the district's or school's multihazard emergency operations plan | ||
required under Section 37.108. | ||
(e) A school district or open-enrollment charter school | ||
that approves a program under this section must provide to each | ||
school security volunteer a course of instruction on the safety and | ||
security policies of the district or school and must include | ||
instruction about the district's or school's multihazard emergency | ||
operations plan adopted under Section 37.108. | ||
(f) A school security volunteer is immune from civil | ||
liability to the same extent as a professional employee of a school | ||
district under Section 22.0511. This subsection does not limit the | ||
liability of a person for intentional misconduct or gross | ||
negligence. | ||
(g) While providing volunteer security services under | ||
Subsection (b), a school security volunteer may not wear a uniform | ||
or badge that: | ||
(1) contains the word "security"; or | ||
(2) gives the person the appearance of being a peace | ||
officer, personal protection officer, or security officer. | ||
SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is | ||
amended by adding Section 1702.334 to read as follows: | ||
Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter | ||
does not apply to a person who serves as a school security volunteer | ||
for a school district or open-enrollment charter school under a | ||
program adopted under Section 37.0816, Education Code. | ||
SECTION 3. The change in law made by this Act applies | ||
beginning with the 2023-2024 school year. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |