Bill Text: TX HB3 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to measures for ensuring public school safety, including the development and implementation of purchases relating to and funding for public school safety and security requirements and the provision of safety-related resources.

Spectrum: Moderate Partisan Bill (Republican 62-8)

Status: (Passed) 2023-06-14 - Effective on 9/1/23 [HB3 Detail]

Download: Texas-2023-HB3-Enrolled.html

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H.B. No. 3

AN ACT
relating to measures for ensuring public school safety, including
the development and implementation of purchases relating to and
funding for public school safety and security requirements and the
provision of safety-related resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(k), 22.093(l),
22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 37.1084,
38.003, or 39.003, the agency may monitor compliance with
requirements applicable to a process or program provided by a
school district, campus, program, or school granted charters under
Chapter 12, including the process described by Subchapter F,
Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to
ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 2. Sections 7.061(b) and (c), Education Code, are
amended to read as follows:
(b) The commissioner shall adopt or amend rules as necessary
to ensure that facilities [building] standards for new and existing
instructional facilities and other school district and
open-enrollment charter school facilities, including construction
quality, performance, operational, and other standards related to
the safety and security of school facilities, provide a secure and
safe environment. In adopting or amending rules under this
section, the commissioner shall include the use of best practices
for:
(1) the design and construction of new facilities; and
(2) the improvement, renovation, and retrofitting of
existing facilities.
(c) Not later than September 1 of each even-numbered year,
the commissioner shall review all rules adopted or amended under
this section and amend the rules as necessary to ensure that
facilities [building] standards for school district and
open-enrollment charter school facilities continue to provide a
secure and safe environment. The commissioner shall, in
consultation with the Texas School Safety Center, identify and
adopt any changes recommended under Section 37.221.
SECTION 3. Subchapter B, Chapter 8, Education Code, is
amended by adding Section 8.064 to read as follows:
Sec. 8.064. SCHOOL SAFETY SUPPORT. (a) A regional
education service center shall act as a school safety resource,
using materials and resources developed by the Texas School Safety
Center or the agency in accordance with Chapter 37, for school
districts and open-enrollment charter schools in the region served
by the center. The center may assist a school district or
open-enrollment charter school directly or in collaboration with
the Texas School Safety Center and local law enforcement agencies,
as applicable:
(1) in developing and implementing a multihazard
emergency operations plan under Section 37.108;
(2) in establishing a school safety and security
committee under Section 37.109;
(3) in conducting emergency school drills and
exercises;
(4) in addressing deficiencies in campus security
identified by a school safety review team under Section 37.1084;
and
(5) by providing guidance on any other matter relating
to school safety and security.
(b) A regional education service center:
(1) shall provide assistance as necessary to the
region's school safety review team established under Section
37.1084; and
(2) may provide assistance as necessary to school
districts and open-enrollment charter schools in the region served
by the center through the direct provision of positive behavioral
interventions and supports to a student enrolled in one of those
districts or schools to mitigate or prevent future harmful,
threatening, or violent behavior by the student.
SECTION 4. Section 12.104(b), Education Code, as amended by
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) [(X)] parental options to retain a student
under Section 28.02124.
SECTION 5. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.904 to read as follows:
Sec. 22.904. MENTAL HEALTH TRAINING. (a) Except as
otherwise provided by this section, a school district shall require
each district employee who regularly interacts with students
enrolled at the district to complete an evidence-based mental
health training program designed to provide instruction to
participants regarding the recognition and support of children and
youth who experience a mental health or substance use issue that may
pose a threat to school safety.
(b) A school district may not require a district employee
who has previously completed mental health training offered by a
local mental health authority under Section 1001.203, Health and
Safety Code, to complete the training required by this section.
(c) From funds appropriated for the purpose, the agency
shall provide an allotment to each school district to assist the
district in complying with this section. The amount of an allotment
provided to a school district under this subsection may not exceed
the costs incurred by the district for employees' travel, training
fees, and compensation for the time spent completing the training
required by this section. The agency may proportionally reduce
each district's allotment if the amount appropriated is
insufficient to pay for all costs incurred by districts under this
subsection.
(d) The State Board for Educator Certification shall
propose rules allowing an educator to receive credit toward the
educator's continuing education requirements under Section
21.054(g) for the educator's participation in mental health
training under this section.
(e) The commissioner shall adopt rules to implement this
section, including rules specifying the training fees and travel
expenses subject to reimbursement under Subsection (c).
SECTION 6. Section 25.002(a), Education Code, is amended to
read as follows:
(a) If a parent or other person with legal control of a child
under a court order enrolls the child in a public school, the parent
or other person or the school district in which the child most
recently attended school shall furnish to the school district:
(1) the child's birth certificate or another document
suitable as proof of the child's identity;
(2) a copy of the child's records from the school the
child most recently attended if the child has been previously
enrolled in a school in this state or another state, including for a
child who most recently attended a public school in this state, a
copy of the child's disciplinary record and any threat assessment
involving the child's behavior conducted under Section 37.115; and
(3) a record showing that the child has the
immunizations as required under Section 38.001, in the case of a
child required under that section to be immunized, proof as
required by that section showing that the child is not required to
be immunized, or proof that the child is entitled to provisional
admission under that section and under rules adopted under that
section.
SECTION 7. Section 25.036, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) In the case of a transfer under this section, a child's
school district of residence shall provide the receiving district
with the child's disciplinary record and any threat assessment
involving the child's behavior conducted under Section 37.115.
SECTION 8. Section 37.081, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
and (a-4) to read as follows:
(a) The board of trustees of any school district may:
(1) employ or contract with security personnel;
(2) [,] enter into a memorandum of understanding with
a local law enforcement agency or a county or municipality that is
the employing political subdivision of commissioned peace officers
for the provision of school resource officers;
(3) for the purposes of providing security personnel,
contract with a security services contractor licensed under Chapter
1702, Occupations Code, for the provision of a commissioned
security officer, as defined by Section 1702.002, Occupations Code,
who has completed the Level II or III training course required by
the Department of Public Safety; [,] and
(4) commission peace officers to carry out this
subchapter.
(a-1) [If a board of trustees authorizes a person employed
as security personnel to carry a weapon, the person must be a
commissioned peace officer.] The jurisdiction of a peace officer,
a school resource officer, or security personnel under this section
shall be determined by the board of trustees and may include all
territory in the boundaries of the school district and all property
outside the boundaries of the district that is owned, leased, or
rented by or otherwise under the control of the school district and
the board of trustees that employ or contract with, as applicable,
the peace officer or security personnel or that enter into a
memorandum of understanding for the provision of a school resource
officer.
(a-2) A memorandum of understanding for the provision of
school resource officers entered into under Subsection (a) must:
(1) be in the form of an interlocal contract under
Chapter 791, Government Code; and
(2) use a proportionate cost allocation methodology to
address any costs or fees incurred by the school district or the
local law enforcement agency, county, or municipality, as
applicable.
(a-3) The cost allocation methodology used under Subsection
(a-2)(2) may allow a local law enforcement agency, county, or
municipality, as applicable, to recoup direct costs incurred as a
result of the contract but may not allow the agency, county, or
municipality to profit under the contract.
(a-4) A school district, local law enforcement agency,
county, or municipality that enters into a memorandum of
understanding under Subsection (a) may seek funding from federal,
state, and private sources to support the cost of providing school
resource officers under this section.
SECTION 9. Section 37.0812(a), Education Code, is amended
to read as follows:
(a) A school district peace officer or school resource
officer shall complete an active shooter response training program
approved by the Texas Commission on Law Enforcement at least once in
each four-year period.
SECTION 10. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0814 to read as follows:
Sec. 37.0814. ARMED SECURITY OFFICER REQUIRED. (a) The
board of trustees of each school district shall determine the
appropriate number of armed security officers for each district
campus. The board must ensure that at least one armed security
officer is present during regular school hours at each district
campus.
(b) A security officer described by Subsection (a) must be:
(1) a school district peace officer;
(2) a school resource officer; or
(3) a commissioned peace officer employed as security
personnel under Section 37.081.
(c) If the board of trustees of a school district is unable
to comply with this section, the board may claim a good cause
exception from the requirement to comply with this section if the
district's noncompliance is due to the availability of:
(1) funding; or
(2) personnel who qualify to serve as a security
officer described by Subsection (a).
(d) The board of trustees of a school district that claims a
good cause exception under Subsection (c) must develop an
alternative standard with which the district is able to comply,
which may include providing a person to act as a security officer
who is:
(1) a school marshal; or
(2) a school district employee or a person with whom
the district contracts who:
(A) has completed school safety training
provided by a qualified handgun instructor certified in school
safety under Section 411.1901, Government Code; and
(B) carries a handgun on school premises in
accordance with written regulations or written authorization of the
district under Section 46.03(a)(1)(A), Penal Code.
(e) The board of trustees of a school district must develop
and maintain documentation of the district's implementation of and
compliance with this section, including documentation related to a
good cause exception claimed under Subsection (c), and shall, if
requested by the agency, provide that documentation to the agency
in the manner prescribed by the agency.
SECTION 11. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.089 to read as follows:
Sec. 37.089. ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL
GROUNDS. (a) Subject to Subsection (b), a person permitted to carry
a firearm on the campus of a school district may not perform the
routine law enforcement duties of a peace officer, including making
arrests, unless the duty is performed in response to an emergency
that poses a threat of death or serious bodily injury to a student,
school district employee, or other individual at the district
campus.
(b) Subsection (a) does not apply to a commissioned peace
officer who is assigned law enforcement duties that are included in
campus and district documents describing the role of peace officers
in the district as required by Section 37.081(d).
SECTION 12. Section 37.108, Education Code, is amended by
amending Subsections (a), (b), and (f) and adding Subsection (h) to
read as follows:
(a) Each school district or public junior college district
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities. The plan must address
prevention, mitigation, preparedness, response, and recovery as
defined by the Texas School Safety Center in conjunction with the
governor's office of homeland security, [and] the commissioner of
education, and the [or] commissioner of higher education[, as
applicable]. The plan must provide for:
(1) training in responding to an emergency for
district employees, including substitute teachers;
(2) measures to ensure district employees, including
substitute teachers, have classroom access to a telephone,
including a cellular telephone, or another electronic
communication device allowing for immediate contact with district
emergency services or emergency services agencies, law enforcement
agencies, health departments, and fire departments;
(3) measures to ensure district communications
technology and infrastructure are adequate to allow for
communication during an emergency;
(4) if the plan applies to a school district,
mandatory school drills and exercises, including drills required
under Section 37.114, to prepare district students and employees
for responding to an emergency;
(5) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; [and]
(6) the implementation of a safety and security audit
as required by Subsection (b); and
(7) any other requirements established by the Texas
School Safety Center in consultation with the agency and relevant
local law enforcement agencies.
(b) At least once every three years, each school district or
public junior college district shall conduct a safety and security
audit of the district's facilities. A [To the extent possible, a]
district, or a person included in the registry established by the
Texas School Safety Center under Section 37.2091 who is engaged by
the district to conduct a safety and security audit, shall follow
safety and security audit procedures developed by the Texas School
Safety Center in coordination with the commissioner of education or
commissioner of higher education, as applicable [or a person
included in the registry established by the Texas School Safety
Center under Section 37.2091].
(f) A school district shall include in its multihazard
emergency operations plan:
(1) a chain of command that designates the individual
responsible for making final decisions during a disaster or
emergency situation and identifies other individuals responsible
for making those decisions if the designated person is unavailable;
(2) provisions that address physical and
psychological safety for responding to a natural disaster, active
shooter, and any other dangerous scenario identified for purposes
of this section by the agency or the Texas School Safety Center;
(3) provisions for ensuring the safety of students in
portable buildings;
(4) provisions for ensuring that students and district
personnel with disabilities are provided equal access to safety
during a disaster or emergency situation;
(5) provisions for providing immediate notification
to parents, guardians, and other persons standing in parental
relation in circumstances involving a significant threat to the
health or safety of students, including identification of the
individual with responsibility for overseeing the notification;
(6) provisions for supporting the psychological
safety of students, district personnel, and the community during
the response and recovery phase following a disaster or emergency
situation that:
(A) are aligned with best practice-based
programs and research-based practices recommended under Section
38.351;
(B) include strategies for ensuring any required
professional development training for suicide prevention and
grief-informed and trauma-informed care is provided to appropriate
school personnel;
(C) include training on integrating
psychological safety and suicide prevention strategies into the
district's plan, such as psychological first aid for schools
training, from an approved list of recommended training established
by the commissioner and Texas School Safety Center for:
(i) members of the district's school safety
and security committee under Section 37.109;
(ii) district school counselors and mental
health professionals; and
(iii) educators and other district
personnel as determined by the district;
(D) include strategies and procedures for
integrating and supporting physical and psychological safety that
align with the provisions described by Subdivision (2); and
(E) implement trauma-informed policies;
(7) a policy for providing a substitute teacher access
to school campus buildings and materials necessary for the
substitute teacher to carry out the duties of a district employee
during an emergency or a mandatory emergency drill; [and]
(8) the name of each individual on the district's
school safety and security committee established under Section
37.109 and the date of each committee meeting during the preceding
year; and
(9) certification that the district is in compliance
with Section 37.117.
(h) The Texas School Safety Center and the agency shall
provide school safety-related data collected by the center or
agency to each other on request.
SECTION 13. Section 37.1081(a), Education Code, is amended
to read as follows:
(a) If the board of trustees of a school district receives
notice of noncompliance under Section 37.207(e) or 37.2071(d) or
(g) [37.2071(g)], the board shall hold a public hearing to notify
the public of:
(1) the district's failure to:
(A) submit or correct deficiencies in a
multihazard emergency operations plan; or
(B) report the results of a safety and security
audit to the Texas School Safety Center as required by law;
(2) the dates during which the district has not been in
compliance; and
(3) the names of each member of the board of trustees
and the superintendent serving in that capacity during the dates
the district was not in compliance.
SECTION 14. Subchapter D, Chapter 37, Education Code, is
amended by adding Sections 37.1083, 37.1084, 37.1085, 37.1086, and
37.1131 to read as follows:
Sec. 37.1083. AGENCY MONITORING OF SCHOOL DISTRICT SAFETY
AND SECURITY REQUIREMENTS. (a) The agency shall monitor the
implementation and operation of requirements related to school
district safety and security, including school district:
(1) multihazard emergency operations plans; and
(2) safety and security audits.
(b) The agency shall establish an office of school safety
and security within the agency that consists of individuals with
substantial expertise and experience in school or law enforcement
safety and security operations and oversight at the local, state,
or federal level to coordinate the agency's monitoring of school
district safety and security requirements under this section. The
director of the office is appointed by the governor and confirmed by
the senate and must report directly to the commissioner.
(c) The agency shall, in coordination with the Texas School
Safety Center and relevant local law enforcement agencies, provide
technical assistance to school districts to support the
implementation and operation of safety and security requirements.
(d) As part of the technical assistance provided under
Subsection (c), the agency shall conduct a detailed vulnerability
assessment of each school district on a random basis determined by
the agency once every four years. The assessment must:
(1) assess facility access controls, emergency
operations procedures, and other school safety requirements; and
(2) to the greatest extent practicable, coincide with
the safety and security audit required under Section 37.108.
(e) The agency shall use a rubric developed by the office of
school safety and security in collaboration with the Texas School
Safety Center to conduct a vulnerability assessment of a school
district under Subsection (d).
(f) On completion of a vulnerability assessment under
Subsection (d), the agency shall provide to the superintendent and
school safety and security committee established under Section
37.109 for the applicable school district a report on the results of
the assessment that includes recommendations and required
corrective actions to address any deficiencies in campus security
identified by the agency.
(g) The agency may engage a third party as necessary to
enable the agency to monitor the implementation and operation of
school district safety and security requirements under this
section.
(h) The agency may require a school district to submit
information necessary for the agency to monitor the implementation
and operation of school district safety and security requirements
under this section, including:
(1) notice of an event requiring a district's
emergency response including the discovery of a firearm on a
campus; and
(2) information regarding the district's response and
use of emergency operations procedures during an event described by
Subdivision (1).
(i) The agency may review school district records as
necessary to ensure compliance with this subchapter and Subchapter
G.
(j) Any document or information collected, identified,
developed, or produced relating to the monitoring of school
district safety and security requirements under this section is
confidential under Sections 418.177 and 418.181, Government Code,
and not subject to disclosure under Chapter 552, Government Code.
(k) The commissioner may adopt rules as necessary to
administer this section.
Sec. 37.1084. REGIONAL SCHOOL SAFETY REVIEW TEAMS. (a) In
this section:
(1) "Office" means the office of school safety and
security established under Section 37.1083.
(2) "Team" means a school safety review team
established under this section.
(b) The office shall establish a school safety review team
in each region served by a regional education service center. A
team shall annually conduct on-site general intruder detection
audits of school district campuses in the team's region. In
conducting an intruder detection audit, a team must:
(1) use a rubric developed by the office in
consultation with the Texas School Safety Center;
(2) not later than the seventh day before the date of a
scheduled audit, notify the superintendent of the school district
in which the campus being audited is located; and
(3) on completion of the audit, provide to the
superintendent and school safety and security committee
established under Section 37.109 for the school district in which
the campus is located a report on the results of the audit that
includes recommendations and required corrective actions to
address any deficiencies in campus security identified by the team.
(c) A regional education service center shall provide
support as necessary to assist the region's team in conducting
intruder detection audits under this section.
(d) A report produced by a team under this section is
confidential and not subject to disclosure under Chapter 552,
Government Code.
Sec. 37.1085. ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE
WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a) Except as
provided by Subsection (c), the commissioner may assign a
conservator under Chapter 39A if a school district fails to:
(1) submit to any required monitoring, assessment, or
audit under Section 37.1083 or 37.1084;
(2) comply with applicable safety and security
requirements; or
(3) address in a reasonable time period, as determined
by commissioner rule, issues raised by the agency's monitoring,
assessment, or audit of the district under Section 37.1083 or
37.1084.
(b) A conservator assigned to a district under this section
may exercise the powers and duties of a conservator under Section
39A.003 only to correct a failure identified under Subsection (a).
(c) This section does not apply to a school district's
failure to comply with Section 37.0814 or a good cause exception
claimed under that section.
Sec. 37.1086. GUIDELINES FOR MULTIHAZARD EMERGENCY
OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR
IMPAIRMENTS. (a) The agency shall establish guidelines for the
provisions in a school district's multihazard emergency operations
plan under Section 37.108(f)(4) to ensure the safety of students
and district personnel with disabilities or impairments during a
disaster or emergency situation, in consultation with:
(1) the Texas School Safety Center;
(2) regional education service centers;
(3) public school educators who work with students
with disabilities or impairments; and
(4) advocacy groups representing individuals with
disabilities or impairments.
(b) A school district must follow the guidelines
established by the agency under Subsection (a) in adopting and
implementing the district's multihazard emergency operations plan
under Section 37.108.
Sec. 37.1131. NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)
The agency shall develop model standards for providing notice
regarding violent activity that has occurred or is being
investigated at a school district campus or other district facility
or at a district-sponsored activity to parents, guardians, and
other persons standing in parental relation to students who are
assigned to the campus, regularly use the facility, or are
attending the activity, as applicable. The standards must:
(1) include electronic notification through text
messaging and e-mail;
(2) provide an option for real-time notification; and
(3) protect student privacy.
(b) Each school district shall adopt a policy for providing
notice described by Subsection (a) in a manner that meets the
standards adopted under that subsection.
SECTION 15. Section 37.115, Education Code, is amended by
amending Subsection (c) and adding Subsection (j-1) to read as
follows:
(c) The board of trustees of each school district shall
establish a threat assessment and safe and supportive school team
to serve at each campus of the district and shall adopt policies and
procedures for the teams. The team is responsible for developing
and implementing the safe and supportive school program under
Subsection (b) at the district campus served by the team. The
policies and procedures adopted under this section must:
(1) be consistent with the model policies and
procedures developed by the Texas School Safety Center;
(2) require each team to complete training provided by
the Texas School Safety Center or a regional education service
center regarding evidence-based threat assessment programs; [and]
(3) require each team established under this section
to report the information required under Subsection (k) regarding
the team's activities to the agency; and
(4) require each district campus to establish a clear
procedure for a student to report concerning behavior exhibited by
another student for assessment by the team or other appropriate
school employee.
(j-1) Materials and information provided to or produced by a
team during a threat assessment of a student under this section must
be maintained in the student's school record until the student's
24th birthday.
SECTION 16. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.117 to read as follows:
Sec. 37.117. EMERGENCY RESPONSE MAP AND WALK-THROUGH. Each
school district and open-enrollment charter school shall provide to
the Department of Public Safety and all appropriate local law
enforcement agencies and emergency first responders:
(1) an accurate map of each district campus and school
building that is developed and documented in accordance with the
standards described by Section 37.351 related to developing site
and floor plans, access control, and exterior door numbering; and
(2) an opportunity to conduct a walk-through of each
district campus and school building using the map described by
Subdivision (1).
SECTION 17. Sections 37.2071(b), (c), (d), (f), (g), and
(h), Education Code, are amended to read as follows:
(b) A school district or public junior college district
shall submit its multihazard emergency operations plan to the
center:
(1) not later than the 30th day after the date [on
request of] the center requests the submission; and
(2) in accordance with the center's review cycle
developed under Subsection (a).
(c) The center shall review each district's multihazard
emergency operations plan submitted under Subsection (b) and:
(1) verify the plan meets the requirements of Section
37.108; or
(2) provide the district with written notice:
(A) describing the plan's deficiencies; [and]
(B) including specific recommendations to
correct the deficiencies; and
(C) stating that the district must correct the
deficiencies in its plan and resubmit the revised plan to the
center.
(d) If a district fails to submit its multihazard emergency
operations plan to the center for review following a notification
by the center that the district has failed to submit the district's
plan, the center shall provide the district with written notice
stating that the district must hold a public hearing under Section
37.1081[:
[(1) has failed to submit a plan; and
[(2) must submit a plan to the center for review and
verification].
(f) If one month [three months] after the date of initial
notification of a plan's deficiencies under Subsection (c)(2) [or
failure to submit a plan under Subsection (d)] a district has not
corrected the plan deficiencies [or has failed to submit a plan],
the center shall provide written notice to the district and agency
that the district has not complied with the requirements of this
section and must comply immediately.
(g) If a school district still has not corrected the plan
deficiencies three [or has failed to submit a plan six] months after
the date of initial notification under Subsection (c)(2) [or (d)],
the center shall provide written notice to the school district
stating that the district must hold a public hearing under Section
37.1081.
(h) If a school district has failed to submit a plan, the
notice required by Subsection (d) [(g)] must state that the
commissioner is authorized to appoint a conservator under Section
37.1082.
SECTION 18. Section 37.2091, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A school district must confirm that a person is
included in the registry established under Subsection (b) before
the district may engage the person to provide school safety or
security consulting services to the district.
SECTION 19. Subchapter G, Chapter 37, Education Code, is
amended by adding Sections 37.221 and 37.222 to read as follows:
Sec. 37.221. FACILITIES STANDARDS REVIEW. (a) At least
once every five years, the center shall review the facilities
standards for instructional facilities adopted under Section 7.061
and make recommendations to the commissioner regarding any changes
necessary to ensure that the facilities standards:
(1) reflect best practices for improving school safety
through the design and construction of school facilities; and
(2) are consistent with standards adopted under
Chapter 469, Government Code, regarding the elimination of
architectural barriers.
(b) The center and commissioner may consult with
stakeholders with relevant expertise regarding whether any updates
to requirements for the use of funds granted or allocated to school
districts for purposes of improving the safety and security of
school facilities are necessary to align with best practices.
(c) In updating facilities standards, the commissioner
shall:
(1) incorporate input from the center and stakeholders
with relevant expertise regarding best practices for standards
applicable to the design and construction of school facilities; and
(2) ensure the standards are updated as necessary to
ensure compliance with any changes to state law and local building
codes.
Sec. 37.222. RESOURCES ON SAFE FIREARM STORAGE. (a) The
center, in collaboration with the Department of Public Safety,
shall provide to each school district and open-enrollment charter
school information and other resources regarding the safe storage
of firearms for distribution by the district or school under
Subsection (b), including information on:
(1) the offense under Section 46.13, Penal Code; and
(2) ways in which parents and guardians can
effectively prevent children from accessing firearms.
(b) Each school district and open-enrollment charter school
shall provide the information and other resources described under
Subsection (a) to the parent or guardian of each student enrolled in
the district or school.
SECTION 20. Chapter 37, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES
Sec. 37.351. FACILITIES STANDARDS COMPLIANCE. (a) A school
district must ensure that each district facility complies with each
school facilities standard, including performance standards and
operational requirements, related to safety and security adopted
under Section 7.061 or provided by other law or agency rule.
(b) A school district must develop and maintain
documentation of the district's implementation of and compliance
with school safety and security facilities standards for each
district facility, including a good cause exception claimed under
Section 37.353, and shall, if requested by the agency, provide that
documentation to the agency in the manner prescribed by the agency.
Sec. 37.352. PURCHASING REQUIREMENTS. A school district
shall comply with all applicable state laws and rules relating to
procurement for district purchases relating to achieving
compliance with the facilities standards adopted under Section
7.061 or provided by other law or agency rule.
Sec. 37.353. GOOD CAUSE EXCEPTION. (a) If a school
district is unable to bring a district facility into compliance
with a school facilities standard related to safety and security,
the district may claim a good cause exception from the requirement
to comply with that standard, including for a reason related to:
(1) the age, physical design, or location of the
noncompliant facility;
(2) the projected remaining use or functional life of
the noncompliant facility;
(3) availability of funding; or
(4) supply chain obstacles.
(b) A school district that claims a good cause exception
under Subsection (a) must develop an alternative performance
standard with which the district is able to comply.
Sec. 37.354. FUNDING FOR FACILITIES STANDARDS COMPLIANCE.
(a) The commissioner may authorize a school district to use money
provided to the district for the purpose of improving school safety
and security, including the school safety allotment under Section
48.115 or any other funding or grant money available to the district
for that purpose, to comply with the requirements of this
subchapter.
(a-1) Funds appropriated in S.B. 30, Acts of the 88th
Legislature, Regular Session, 2023, or similar legislation, for the
purpose of improving school safety and security, may be used as
described by Subsection (a). This subsection expires September 1,
2026.
(b) The commissioner may adopt rules regarding safety and
security requirements with which a school district must comply to
receive funding or grant money available for the purpose of
improving school safety and security.
Sec. 37.355. CONFIDENTIALITY. (a) Any document or
information collected, identified, developed, or produced relating
to a safety or security requirement under this subchapter is
confidential under Sections 418.177 and 418.181, Government Code,
and not subject to disclosure under Chapter 552, Government Code.
(b) The commissioner may adopt rules as necessary to
administer this section.
SECTION 21. Section 38.022, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A school district may require a person who enters
property under the district's control [a district campus] to
display the person's driver's license, [or] another form of
identification containing the person's photograph issued by a
governmental entity, or, if applicable, the person's district
employee or student identification card. The person must provide
the identification on request.
(a-1) A school district may eject a person from district
property if:
(1) the person refuses or fails to provide on request
identification described by Subsection (a); and
(2) it reasonably appears that the person has no
legitimate reason to be on district property.
SECTION 22. Subchapter E, Chapter 45, Education Code, is
amended by adding Section 45.1011 to read as follows:
Sec. 45.1011. USE OF BOND PROCEEDS FOR SCHOOL SAFETY
COMPLIANCE. (a) The proceeds of bonds issued by a school district
for the construction and equipment of school buildings in the
district and the purchase of the necessary sites for school
buildings may be used to pay the costs associated with complying
with school safety and security requirements for school facilities
in accordance with Section 37.351.
(b) This subsection applies to a school district that has
been determined by the agency, through the agency's monitoring of
safety and security requirements under Section 37.1083, to not be
in compliance with those requirements. Notwithstanding any other
law, a school district to which this subsection applies must use the
proceeds of bonds described by Subsection (a) to achieve compliance
with applicable safety and security requirements in accordance with
Section 37.351 before the district may use those proceeds for any
other authorized purpose.
SECTION 23. Section 48.115, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1),
(b-1), (b-2), (c-1), and (e) to read as follows:
(a) Except as provided by Subsection (a-1), [From funds
appropriated for that purpose, the commissioner shall provide to] a
school district is entitled to an annual allotment equal to the sum
of the following amounts or a greater [in the] amount provided by
appropriation:
(1) $10 for each student in average daily attendance,
plus $1 for each student in average daily attendance per every $50
by which the district's maximum basic allotment under Section
48.051 exceeds $6,160, prorated as necessary; and
(2) $15,000 per campus.
(a-1) A school district campus that provides only virtual
instruction or utilizes only facilities not subject to the
district's control is not included for purposes of determining a
school district's allotment under Subsection (a).
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities in accordance with the
requirements of Section 37.351, including:
(A) improvements to school infrastructure;
(B) the use or installation of perimeter security
fencing conducive to a public school learning environment or
physical barriers, which may not include razor wire; [and]
(C) exterior door and window safety and security
upgrades, including exterior door numbering and locking systems and
security film that provides resistance to a forced entry; and
(D) the purchase and maintenance of:
(i) security cameras and, if the district
has already installed security cameras, [or] other security
equipment, including video surveillance as provided by Section
29.022; and
(ii) technology, including communications
systems or devices, such as silent panic alert devices, two-way
radios, or wireless Internet booster equipment, that facilitates
communication and information sharing between students, school
personnel, and first responders in an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security measures [training and
planning], including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
(i) providing licensed counselors, social
workers, and individuals trained in restorative discipline and
restorative justice practices;
(ii) providing mental health personnel and
support;
(iii) providing behavioral health
services;
(iv) establishing threat reporting
systems; and
(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support; [and]
(4) providing programs related to suicide prevention,
intervention, and postvention; and
(5) employing a school safety director and other
personnel to manage and monitor school safety initiatives and the
implementation of school safety requirements for the district.
(b-1) The agency may designate certain technologies that a
school district, in using funds allocated under this section, may
purchase only from a vendor approved by the agency.
(b-2) If the agency, in coordination with the Texas School
Safety Center, determines that entering into a statewide contract
with a vendor for the provision of a technology designated under
Subsection (b-1) would result in cost savings to school districts,
the agency may, after receiving approval from the Legislative
Budget Board and office of the governor, enter into a contract with
a vendor to provide the technology to each district that uses funds
allocated under this section to purchase that technology.
(c-1) The agency, or if designated by the agency, the Texas
School Safety Center, shall establish and publish a directory of
approved vendors of school safety technology and equipment a school
district may select from when using funds allocated under this
section. If a school district uses funds allocated under this
section to purchase technology or equipment from a vendor that is
not included in the directory, the district must solicit bids from
at least three vendors before completing the purchase.
(e) Notwithstanding any other law, a school district may use
funds allocated under this section to provide training to a person
authorized by the district to carry a firearm on a district campus.
SECTION 24. Subchapter Z, Chapter 411, Government Code, is
amended by adding Section 411.951 to read as follows:
Sec. 411.951. CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY
REPORTING SYSTEM REPORTS. All suspicious activity reports and
school safety reports included in the iWatchTexas community
reporting system operated by the department are confidential and
not subject to disclosure under Chapter 552.
SECTION 25. Subchapter B, Chapter 85, Local Government
Code, is amended by adding Section 85.024 to read as follows:
Sec. 85.024. SCHOOL SAFETY MEETINGS. (a) The sheriff of a
county with a total population of less than 350,000 in which a
public school is located shall call and conduct semiannual meetings
to discuss:
(1) school safety;
(2) coordinated law enforcement response to school
violence incidents;
(3) law enforcement agency capabilities;
(4) available resources;
(5) emergency radio interoperability;
(6) chain of command planning; and
(7) other related subjects proposed by a person in
attendance at the meeting.
(b) The sheriff of a county to which this section applies in
which more than one public school is located is only required to
hold one semiannual meeting described by Subsection (a). This
subsection does not require public schools located within the same
county to adopt the same school safety policies.
(c) The following persons shall attend a meeting called
under Subsection (a):
(1) the sheriff or the sheriff's designee;
(2) the police chief of a municipal police department
in the county or the police chief's designee;
(3) each elected constable in the county or the
constable's designees;
(4) each police chief of a school district's police
department or school district security coordinator from each school
district located in the county;
(5) a representative of the Department of Public
Safety assigned to the county;
(6) a representative of each other state agency with
commissioned peace officers assigned to the county;
(7) a person appointed to a command staff position at
an emergency medical service in the county;
(8) a person appointed to a command staff position at a
municipal emergency medical service in the county;
(9) a person appointed to a command staff position at a
fire department in the county;
(10) the superintendent or the superintendent's
designee of each school district located in the county;
(11) the person who serves the function of
superintendent, or that person's designee, in each open-enrollment
charter school located in the county; and
(12) any other person the sheriff considers
appropriate.
(d) The sheriff shall invite any federal law enforcement
official serving in the county to attend the meeting.
(e) As soon as practicable after a meeting under Subsection
(a), the sheriff shall submit a report to the Texas School Safety
Center identifying the attendees of the meeting and the subjects
discussed. The Texas School Safety Center shall maintain the report
and make it publicly available on the center's Internet website.
The center may not make publicly available and shall redact any
parts of a report that the center determines may expose a safety
vulnerability of a school district facility.
SECTION 26. (a) As soon as practicable after the effective
date of this Act, the Texas Education Agency shall establish the
office of school safety and security and the governor shall appoint
the director of that office as required by Section 37.1083,
Education Code, as added by this Act.
(b) As soon as practicable after the office of school safety
and security has been established, the office shall establish
school safety review teams in each region served by a regional
education service center as required by Section 37.1084, Education
Code, as added by this Act.
SECTION 27. Section 45.1011, Education Code, as added by
this Act, applies only to a bond authorized to be issued at an
election held on or after the effective date of this Act.
SECTION 28. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 29. (a) Section 7.028 and Chapter 37, Education
Code, as amended by this Act, apply beginning with the 2023-2024
school year.
(b) Notwithstanding Section 22.904, Education Code, as
added by this Act, a school district must require the district's
employees to complete the mental health training required under
that section as follows:
(1) at least 25 percent of the applicable district
employees before the beginning of the 2025-2026 school year;
(2) at least 50 percent of the applicable district
employees before the beginning of the 2026-2027 school year;
(3) at least 75 percent of the applicable district
employees before the beginning of the 2027-2028 school year; and
(4) 100 percent of the applicable district employees
before the beginning of the 2028-2029 school year.
SECTION 30. (a) Except as provided by Subsection (b) of
this section, 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.
(b) Section 48.115, Education Code, as amended by this Act,
takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3 was passed by the House on April 25,
2023, by the following vote: Yeas 119, Nays 25, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3 on May 23, 2023, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3 on May 28, 2023, by the following vote: Yeas 93, Nays
49, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3 on May 28, 2023, by the following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor