Bill Text: TX HB1537 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the submission by law enforcement agencies to certain public school personnel of a handle with care notice concerning a traumatic event experienced by a public school student and to certain required training regarding those notices.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-05-11 - Postponed 6/1/23 10:00 AM [HB1537 Detail]
Download: Texas-2023-HB1537-Comm_Sub.html
88R10053 TSS-D | |||
By: Howard, Lalani, et al. | H.B. No. 1537 | ||
Substitute the following for H.B. No. 1537: | |||
By: Thompson of Harris | C.S.H.B. No. 1537 |
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relating to the submission by law enforcement agencies to certain | ||
public school personnel of a handle with care notice concerning a | ||
traumatic event experienced by a public school student and to | ||
certain required training regarding those notices. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. It is the intent of the legislature that handle | ||
with care notices submitted and received under Article 2.36, Code | ||
of Criminal Procedure, as added by this Act, lead to greater | ||
understanding of and noninterventional care for students in public | ||
schools in this state who have experienced a traumatic event, but do | ||
not result in active interference with or the singling out of the | ||
student. | ||
SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.36 to read as follows: | ||
Art. 2.36. HANDLE WITH CARE NOTICE REGARDING CERTAIN PUBLIC | ||
SCHOOL STUDENTS. (a) This article applies in any situation in | ||
which a law enforcement agency determines that a public school | ||
student witnessed or otherwise experienced a traumatic event. For | ||
purposes of this article, a "traumatic event" includes the | ||
following events: | ||
(1) the arrest of an individual who resides with a | ||
student; | ||
(2) the execution of a search warrant at a student's | ||
residence; | ||
(3) an overdose of alcohol or of a controlled | ||
substance by an individual who resides with a student; | ||
(4) suicide or attempted suicide committed by an | ||
individual who resides with a student; | ||
(5) an incident involving family violence, as defined | ||
by Section 71.004, Family Code; | ||
(6) an incident of assault or sexual assault; | ||
(7) a severe motor vehicle accident that causes bodily | ||
injury or death; | ||
(8) a mass shooting; | ||
(9) a student's forced displacement from the student's | ||
residence; | ||
(10) the death of an individual who resides with the | ||
student or another incident that could be expected to cause the | ||
student to be affected by grief; | ||
(11) a fire that causes severe property damage or | ||
bodily injury or death; or | ||
(12) any other event that a peace officer responding | ||
to or taking a report regarding the event has reason to believe will | ||
negatively impact a student's ability to succeed in school. | ||
(b) A law enforcement agency that determines, in the course | ||
of providing law enforcement services, that an individual who is | ||
enrolled as a student in a public primary or secondary school has | ||
experienced a traumatic event may submit a handle with care notice | ||
to the superintendent or other designated school employee at the | ||
school at which the student is enrolled. | ||
(c) A handle with care notice must include, if known: | ||
(1) the student's name, age, and grade level; and | ||
(2) the school at which the student is enrolled. | ||
(d) A law enforcement agency shall submit handle with care | ||
notices using an electronic system that automatically sends a copy | ||
of the notice to the regional education service center serving the | ||
school at which the student who is the subject of the notice is | ||
enrolled. | ||
(e) A superintendent or other designated school employee | ||
who receives a handle with care notice shall immediately provide a | ||
copy of the handle with care notice to all instructional and support | ||
personnel who have responsibility for supervision of the student | ||
who is the subject of the notice. | ||
(f) Information contained in a handle with care notice | ||
authorized under this article is confidential and exempt from | ||
disclosure except as provided by this article or other applicable | ||
state and federal law. Except as provided by Subsection (e), all | ||
school personnel who receive a copy of the handle with care notice | ||
shall keep that information confidential. | ||
(g) A law enforcement agency must ensure that law | ||
enforcement officers and other agency employees receive | ||
appropriate training regarding a handle with care notice, including | ||
by requiring appropriate agency personnel to attend the training | ||
established and maintained under Section 1701.2635, Occupations | ||
Code. | ||
SECTION 3. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.035 to read as follows: | ||
Sec. 38.035. HANDLE WITH CARE NOTICE TRAINING COURSE. (a) | ||
The agency shall establish and maintain a one-hour training course | ||
regarding handle with care notices for school district or | ||
open-enrollment charter school employees who have responsibility | ||
for the supervision of students. | ||
(b) The training course must provide information on the | ||
implementation of procedures relating to handle with care notices | ||
authorized under Article 2.36, Code of Criminal Procedure, | ||
including appropriate methods of monitoring and responding to a | ||
student who is the subject of a handle with care notice. | ||
(c) Each school district and open-enrollment charter school | ||
shall ensure that appropriate personnel complete the training | ||
course established under this section. | ||
(d) The State Board for Educator Certification shall | ||
propose rules allowing an educator to receive credit toward the | ||
educator's continuing education requirements for completion of a | ||
course established under this section. | ||
SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.2635 to read as follows: | ||
Sec. 1701.2635. HANDLE WITH CARE NOTICE TRAINING PROGRAM. | ||
The commission shall establish and maintain a one-time training | ||
program for peace officers and other employees of law enforcement | ||
agencies that provides information on the implementation of | ||
procedures relating to handle with care notices authorized under | ||
Article 2.36, Code of Criminal Procedure. | ||
SECTION 5. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the Texas Education Agency shall develop the | ||
handle with care notice training course as required by Section | ||
38.035, Education Code, as added by this Act; | ||
(2) the State Board for Educator Certification shall | ||
propose rules allowing an educator to receive credit toward the | ||
educator's continuing education requirements for completion of the | ||
handle with care notice training course as required by Section | ||
38.035, Education Code, as added by this Act; and | ||
(3) the Texas Commission on Law Enforcement shall | ||
establish the handle with care notice training program as required | ||
by Section 1701.2635, Occupations Code, as added by this Act. | ||
SECTION 6. This Act takes effect September 1, 2023. |