Bill Text: TX HB33 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to active shooter events and other emergencies, including certain accreditations of law enforcement agencies that respond to such emergencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-03-05 - Referred to Homeland Security, Public Safety & Veterans' Affairs [HB33 Detail]
Download: Texas-2025-HB33-Introduced.html
89R12265 JBD-D | ||
By: McLaughlin | H.B. No. 33 |
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relating to active shooter events and other emergencies, including | ||
certain accreditations of law enforcement agencies that respond to | ||
such emergencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 2A, Code of Criminal | ||
Procedure, is amended by adding Article 2A.067 to read as follows: | ||
Art. 2A.067. POLICY FOR RESPONDING TO ACTIVE SHOOTER | ||
EMERGENCY. (a) This article applies only to a law enforcement | ||
agency of a municipality, county, school district, or institution | ||
of higher education, as defined by Section 61.003, Education Code. | ||
(b) Each law enforcement agency to which this article | ||
applies shall adopt a detailed written policy for responding to an | ||
active shooter emergency. The policy must be based on current best | ||
practices. | ||
SECTION 2. Section 12.104(b), Education Code, is 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, 37.1087, 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) parental options to retain a student under | ||
Section 28.02124. | ||
SECTION 3. Section 37.108, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (a-1) 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, the commissioner of | ||
education, and the commissioner of higher education. 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; | ||
(6) the implementation of a safety and security audit | ||
as required by Subsection (b); [ |
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(7) measures for the prompt recovery of services | ||
provided by the school district or public junior college district | ||
after an active shooter emergency; and | ||
(8) any other requirements established by the Texas | ||
School Safety Center in consultation with the agency and relevant | ||
local law enforcement agencies. | ||
(a-1) Annually, each school district or public junior | ||
college district shall organize a meeting with the Department of | ||
Public Safety, appropriate local law enforcement agencies, and | ||
local emergency first responders regarding the district's | ||
multihazard emergency operations plan. The meeting must include a | ||
discussion and analysis of how the district's multihazard emergency | ||
operations plan would be implemented in an emergency situation. | ||
(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 that includes a security review | ||
as described by Section 37.1087 for each district facility. 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. | ||
SECTION 4. Section 37.1083(a), Education Code, is amended | ||
to read as follows: | ||
(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; [ |
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(2) safety and security audits; and | ||
(3) security reviews. | ||
SECTION 5. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Section 37.1087 to read as follows: | ||
Sec. 37.1087. SECURITY REVIEW. (a) If a school district or | ||
public junior college district constructs, acquires, renovates, or | ||
improves a district facility, the district shall, as soon as | ||
practicable, conduct a security review of the facility to: | ||
(1) determine whether the facility meets school safety | ||
and security requirements; and | ||
(2) identify security vulnerabilities at the facility | ||
in the event of an active shooter emergency and describe strategies | ||
to mitigate each vulnerability identified. | ||
(b) The agency, in consultation with the Department of | ||
Public Safety and the Texas School Safety Center, shall establish | ||
guidelines for the security review required under this section. | ||
SECTION 6. Section 37.109(b), Education Code, is amended to | ||
read as follows: | ||
(b) The committee shall: | ||
(1) participate on behalf of the district in | ||
developing and implementing emergency plans consistent with the | ||
district multihazard emergency operations plan required by Section | ||
37.108(a) to ensure that the plans reflect specific campus, | ||
facility, or support services needs; | ||
(2) periodically provide recommendations to the | ||
district's board of trustees and district administrators regarding | ||
updating the district multihazard emergency operations plan | ||
required by Section 37.108(a) in accordance with best practices | ||
identified by the agency, the Texas School Safety Center, or a | ||
person included in the registry established by the Texas School | ||
Safety Center under Section 37.2091; | ||
(3) provide the district with any campus, facility, or | ||
support services information required in connection with a safety | ||
and security audit required by Section 37.108(b), a safety and | ||
security audit report required by Section 37.108(c), a security | ||
review required by Section 37.1087, or another report required to | ||
be submitted by the district to the Texas School Safety Center; | ||
(4) review each report required to be submitted by the | ||
district to the Texas School Safety Center to ensure that the report | ||
contains accurate and complete information regarding each campus, | ||
facility, or support service in accordance with criteria | ||
established by the center; and | ||
(5) consult with local law enforcement agencies on | ||
methods to increase law enforcement presence near district | ||
campuses. | ||
SECTION 7. Section 51.217(b), Education Code, is amended to | ||
read as follows: | ||
(b) An institution shall adopt and implement a multihazard | ||
emergency operations plan for use at the institution. The plan must | ||
address mitigation, preparedness, response, and recovery. The plan | ||
must provide for: | ||
(1) employee training in responding to an emergency; | ||
(2) mandatory drills to prepare students, faculty, and | ||
employees for responding to an emergency; | ||
(3) measures to ensure coordination with the | ||
Department of State Health Services, local emergency management | ||
agencies, law enforcement, health departments, and fire | ||
departments in the event of an emergency; [ |
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(4) the implementation of a safety and security audit | ||
as required by Subsection (c); and | ||
(5) measures for the prompt recovery of services | ||
provided by the institution after an active shooter emergency. | ||
SECTION 8. Subchapter C, Chapter 418, Government Code, is | ||
amended by adding Section 418.059 to read as follows: | ||
Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO | ||
ACTIVE SHOOTER EVENT. (a) The division shall develop a guide on | ||
preparing for and responding to an active shooter event, with an | ||
emphasis on providing information relevant to civic, volunteer, and | ||
community organizations. | ||
(b) The division shall post the guide on the division's | ||
Internet website for public use. The guide must provide a | ||
comprehensive approach to preparing for and responding to active | ||
shooter events and include information on: | ||
(1) planning and preparing the response to an active | ||
shooter event, including recommended tactics and equipment; | ||
(2) providing leadership, incident command, and | ||
coordination in response to the event; | ||
(3) communicating with the public during and after the | ||
event; | ||
(4) investigating and reporting following the event; | ||
(5) arranging for trauma and support services, | ||
including acute support services and long-term support services; | ||
and | ||
(6) preserving and restoring community cohesion and | ||
public life after the event. | ||
(c) In developing and revising the guide, the division may, | ||
in collaboration with the department, seek the advice and | ||
assistance of local governments, civic organizations, volunteer | ||
organizations, and community leaders. | ||
SECTION 9. Subchapter H, Chapter 418, Government Code, is | ||
amended by adding Sections 418.1873 and 418.1877 to read as | ||
follows: | ||
Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE | ||
SHOOTER EVENT REQUIRED FOR CERTAIN ENTITIES. (a) In this section: | ||
(1) "Emergency medical services" and "emergency | ||
medical services provider" have the meanings assigned by Section | ||
773.003, Health and Safety Code. | ||
(2) "Local law enforcement agency" means a political | ||
subdivision of this state authorized by law to employ or appoint | ||
peace officers. | ||
(b) Each local law enforcement agency and emergency medical | ||
services provider that responds to an active shooter event by | ||
providing law enforcement services or emergency medical services, | ||
or both, shall: | ||
(1) not later than the 30th day after the date of the | ||
event, initiate an evaluation of the agency's or provider's | ||
response to the event and submit a preliminary report to the | ||
division and the department regarding, at minimum, the items | ||
required in the template created under Subsection (c); and | ||
(2) not later than the 60th day after the date of the | ||
event, finalize the report described by Subdivision (1) and submit | ||
the report to the division and the department. | ||
(c) The division, in collaboration with the department, | ||
shall create a template for use by a local law enforcement agency or | ||
emergency medical services provider in evaluating and reporting on | ||
the agency's or provider's response to an active shooter event. The | ||
template must include: | ||
(1) prompts for reporting on the following items: | ||
(A) a brief description and outcome of the active | ||
shooter event; | ||
(B) a statement of personnel and equipment | ||
deployed during the event; | ||
(C) a cost analysis, including salaries, | ||
equipment, and incidentals; | ||
(D) a copy of appropriate event logs and reports; | ||
(E) any maps, forms, or related documentation | ||
used in responding to or evaluating the agency's or provider's | ||
response to the event; | ||
(F) a summary of any deaths or injuries that | ||
occurred as a result of the event; | ||
(G) any information relating to the status of | ||
criminal investigations and subsequent prosecutions arising out of | ||
the event; and | ||
(H) a final evaluation, including: | ||
(i) conclusions relating to the agency's or | ||
provider's response to the event; | ||
(ii) problems encountered during the | ||
response regarding personnel, equipment, resources, or multiagency | ||
response; | ||
(iii) suggestions for revising policy, such | ||
as improving training and equipment; and | ||
(iv) any additional considerations that | ||
would improve the agency's or provider's response to active shooter | ||
events in the future; and | ||
(2) any other content the division considers | ||
appropriate. | ||
(d) The division shall adopt rules to implement this | ||
section, including a rule defining "active shooter event." | ||
(e) A local law enforcement agency or emergency medical | ||
services provider that complies with this section regarding an | ||
active shooter event is not required to conduct any evaluation or | ||
issue any report that may be required under Section 418.188 | ||
regarding that event. | ||
Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER | ||
EVENTS REQUIRED. (a) In this section: | ||
(1) "Emergency medical services personnel" and | ||
"emergency medical services provider" have the meanings assigned by | ||
Section 773.003, Health and Safety Code. | ||
(2) "Local law enforcement agency" has the meaning | ||
assigned by Section 418.1873. | ||
(b) The division by rule shall require the peace officers of | ||
each local law enforcement agency and the emergency medical | ||
services personnel of each emergency medical services provider to | ||
complete a training program each year that involves reviewing at | ||
least one final report required by Section 418.1873. | ||
(c) The division shall collaborate with the department, the | ||
Texas Commission on Law Enforcement, and the Department of State | ||
Health Services, as appropriate, to develop the training programs | ||
required by Subsection (b). | ||
(d) The division, the Texas Commission on Law Enforcement, | ||
and the Department of State Health Services may adopt rules to | ||
enforce this section. | ||
SECTION 10. Chapter 418, Government Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR | ||
CERTAIN PUBLIC INFORMATION OFFICERS | ||
Sec. 418.331. DEFINITION. In this subchapter, "public | ||
information officer" means an individual who is employed or | ||
appointed by a state agency, local government entity, or | ||
open-enrollment charter school and whose duties include | ||
communicating with the public during a disaster regarding the | ||
disaster. | ||
Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION | ||
REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. Each of the | ||
following entities shall employ or appoint a public information | ||
officer who must obtain certification in emergency communications | ||
from the division and complete continuing education on emergency | ||
communications as provided by this subchapter: | ||
(1) a municipality, including the municipal police | ||
department; | ||
(2) a county; | ||
(3) a sheriff's office; | ||
(4) an independent school district; | ||
(5) an open-enrollment charter school; | ||
(6) the department; and | ||
(7) the division. | ||
Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a) | ||
A public information officer described by Section 418.332 shall: | ||
(1) obtain certification from the division in | ||
emergency communications not later than the first anniversary of | ||
the date the public information officer was hired or appointed; and | ||
(2) complete a continuing education program on | ||
emergency communications administered by the Federal Emergency | ||
Management Agency and approved by the division twice during each | ||
12-month period beginning on the date the public information | ||
officer obtained certification. | ||
(b) The division shall establish minimum education and | ||
training requirements for initial certification and continuing | ||
education under this subchapter by designating courses approved by | ||
the Federal Emergency Management Agency. These minimum | ||
requirements must include courses provided by the Federal Emergency | ||
Management Agency on: | ||
(1) the National Incident Management System; | ||
(2) the Incident Command System; and | ||
(3) the basic skills and principles necessary to | ||
fulfill the role of a public information officer with respect to | ||
emergency communications. | ||
(c) The division shall assist the entities subject to | ||
Section 418.332 in identifying approved training programs. | ||
Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each | ||
entity subject to Section 418.332 shall: | ||
(1) maintain records that demonstrate the compliance | ||
of each public information officer employed or appointed by that | ||
entity with the certification and continuing education | ||
requirements of this subchapter; and | ||
(2) permit inspection and copying by the division, | ||
during reasonable hours and in a reasonable manner, of the | ||
compliance records required to be maintained under Subdivision (1). | ||
(b) The division shall permit inspection and copying by the | ||
department of the compliance records the division maintains under | ||
Subsection (a)(1) during reasonable hours and in a reasonable | ||
manner. | ||
Sec. 418.335. RULES. The division may adopt rules to | ||
administer this subchapter. | ||
SECTION 11. Subchapter A, Chapter 772, Government Code, is | ||
amended by adding Sections 772.00791, 772.013, and 772.014 to read | ||
as follows: | ||
Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT | ||
PROGRAM. (a) In this section, "criminal justice division" means | ||
the criminal justice division established under Section 772.006. | ||
(b) The criminal justice division shall establish and | ||
administer a grant program to provide financial assistance to a law | ||
enforcement agency in this state for purposes of becoming | ||
accredited or maintaining accreditation: | ||
(1) through the Texas Police Chiefs Association Law | ||
Enforcement Agency Best Practices Accreditation Program; | ||
(2) by the Commission on Accreditation for Law | ||
Enforcement Agencies, Inc.; | ||
(3) by the International Association of Campus Law | ||
Enforcement Administrators; | ||
(4) by an accreditation program developed by the | ||
Sheriffs' Association of Texas; or | ||
(5) by an association or organization designated by | ||
the Texas Commission on Law Enforcement as provided by Subsection | ||
(i). | ||
(c) Except as provided by Subsection (e), the amount of a | ||
grant awarded to a law enforcement agency under this section is as | ||
follows: | ||
(1) $25,000 for each qualifying accreditation: | ||
(A) held by the agency on the date on which the | ||
program under this section was established; or | ||
(B) received by the agency after the date | ||
described by Paragraph (A); and | ||
(2) $12,500 for each qualifying reaccreditation | ||
received by the agency after the date described by Subdivision | ||
(1)(A). | ||
(d) A law enforcement agency may not be awarded a grant | ||
described by Subsection (c)(1) with respect to an accreditation for | ||
which the agency has previously been awarded a grant under that | ||
subsection. | ||
(e) If a law enforcement agency was awarded a grant | ||
described by Subsection (c)(1) and the accreditation expires | ||
without the agency receiving reaccreditation, the agency may be | ||
awarded a grant under this section in the amount provided by | ||
Subsection (c)(2) for becoming accredited by the accrediting entity | ||
for which the grant under Subsection (c)(1) was awarded. | ||
(f) The criminal justice division shall establish: | ||
(1) eligibility criteria for grant applicants; | ||
(2) grant application procedures; | ||
(3) guidelines relating to grant amounts; | ||
(4) procedures for evaluating grant applications; and | ||
(5) procedures for monitoring the use of a grant | ||
awarded under the program and ensuring compliance with any | ||
conditions of a grant. | ||
(g) Not later than December 1 of each year, the criminal | ||
justice division shall submit to the Legislative Budget Board a | ||
report that provides the following information for the preceding | ||
state fiscal year: | ||
(1) the name of each law enforcement agency that | ||
applied for a grant under this section; and | ||
(2) the amount of money distributed to each law | ||
enforcement agency awarded a grant under this section. | ||
(h) The criminal justice division may use any revenue | ||
available for purposes of this section. | ||
(i) The criminal justice division, with the assistance of | ||
the Texas Commission on Law Enforcement, shall periodically review | ||
associations and organizations that establish standards of | ||
practice for law enforcement agencies and that offer accreditation | ||
to agencies that meet those standards. On a determination by the | ||
criminal justice division that accreditation of law enforcement | ||
agencies in this state by an association or organization would | ||
benefit public safety, the commission may designate the association | ||
or organization as an accrediting entity for purposes of Subsection | ||
(b)(5). | ||
Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION | ||
PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL | ||
SUBDIVISIONS. (a) In this section: | ||
(1) "Council of governments" means a regional planning | ||
commission or similar regional planning commission created under | ||
Chapter 391, Local Government Code. | ||
(2) "Department" means the Department of Public | ||
Safety. | ||
(3) "First responder" means: | ||
(A) a peace officer described by Article 2A.001, | ||
Code of Criminal Procedure; | ||
(B) an individual included as fire protection | ||
personnel by Section 419.021; and | ||
(C) an individual included as emergency medical | ||
services personnel by Section 773.003, Health and Safety Code. | ||
(b) To prepare for complex responses to and investigations | ||
of emergencies that may occur within the territory of a council of | ||
governments and that require mutual aid and support from more than | ||
one governmental entity, the department and each political | ||
subdivision that elects, appoints, or employs a first responder | ||
within the territory of the council of governments shall | ||
collectively participate in a multiagency tabletop exercise at | ||
least semiannually and an in-person drill exercise at least | ||
annually. | ||
(c) The department shall invite any appropriate federal | ||
agency to participate in an exercise described by Subsection (b). | ||
Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF | ||
PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this | ||
section: | ||
(1) "Council of governments" means a regional planning | ||
commission or similar regional planning commission created under | ||
Chapter 391, Local Government Code. | ||
(2) "Department" means the Department of Public | ||
Safety. | ||
(b) The department and each local law enforcement agency | ||
located wholly or partly within the geographic boundaries of a | ||
council of governments shall collectively enter into a mutual aid | ||
agreement that establishes the procedures for the provision of | ||
resources, personnel, facilities, equipment, and supplies in | ||
responses to critical incidents in a vertically integrated fashion. | ||
(c) In establishing the procedures, the department and | ||
local law enforcement agencies shall: | ||
(1) give priority to establishing the | ||
interoperability of communications equipment among the parties to | ||
the agreement; | ||
(2) establish procedures for interagency coordination | ||
in activities arising from critical incidents, including evidence | ||
collection; | ||
(3) set jurisdictional boundaries; and | ||
(4) determine the capabilities, processes, and | ||
expectations among the parties to the agreement. | ||
(d) The department shall invite any appropriate federal | ||
agency to enter into the agreement described by Subsection (b). | ||
SECTION 12. Chapter 370, Local Government Code, is amended | ||
by adding Sections 370.010, 370.011, and 370.012 to read as | ||
follows: | ||
Sec. 370.010. RESILIENT EMERGENCY MANAGEMENT SYSTEM FOR | ||
CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "first | ||
responder" means: | ||
(1) a peace officer described by Article 2A.001, Code | ||
of Criminal Procedure; | ||
(2) an individual included as fire protection | ||
personnel by Section 419.021, Government Code; or | ||
(3) an individual included as emergency medical | ||
services personnel by Section 773.003, Health and Safety Code. | ||
(b) A political subdivision that elects, appoints, or | ||
employs first responders shall develop a resilient emergency | ||
management system to coordinate the political subdivision's | ||
response to an emergency. The system must provide for the | ||
establishment of: | ||
(1) a shared emergency response plan across each | ||
department or agency of the political subdivision with a first | ||
responder; and | ||
(2) a multi-department and agency coordination group | ||
to support resource prioritization and allocation for the political | ||
subdivision during an emergency. | ||
(c) The governing body of a political subdivision by | ||
official action must approve the resilient emergency management | ||
system required to be established under Subsection (b) for the | ||
political subdivision. | ||
Sec. 370.011. RECOVERY OF SERVICES OF CERTAIN POLITICAL | ||
SUBDIVISIONS AND INTERJURISDICTIONAL AGENCIES AFTER ACTIVE SHOOTER | ||
EMERGENCY. (a) In this section, "interjurisdictional agency" has | ||
the meaning assigned by Section 418.004, Government Code. | ||
(b) Each political subdivision and interjurisdictional | ||
agency with an operations plan for emergency response shall adopt | ||
and implement measures for the prompt recovery of services provided | ||
by the political subdivision or agency after an active shooter | ||
emergency. | ||
Sec. 370.012. TACTICAL EQUIPMENT FOR LAW ENFORCEMENT | ||
RESPONSE TO CRITICAL INCIDENT. (a) In this section: | ||
(1) "Critical incident" has the meaning assigned by | ||
Section 772.0074, Government Code. | ||
(2) "Institution of higher education" means: | ||
(A) an institution of higher education as defined | ||
by Section 61.003, Education Code; or | ||
(B) a private or independent institution of | ||
higher education as defined by that section. | ||
(3) "Law enforcement agency" means: | ||
(A) a municipal police department; | ||
(B) a county sheriff's department; | ||
(C) a county constable's department; or | ||
(D) a department or agency of a school district, | ||
open-enrollment charter school, or institution of higher education | ||
authorized by law to employ peace officers. | ||
(4) "Peace officer" means an individual described by | ||
Article 2A.001, Code of Criminal Procedure. | ||
(5) "Tactical equipment" means equipment intended for | ||
use by a peace officer to facilitate the officer's onsite response | ||
to an ongoing critical incident, including: | ||
(A) a weapon; | ||
(B) a breaching tool; | ||
(C) a ballistic shield; and | ||
(D) a bulletproof vest or body armor. | ||
(b) A law enforcement agency shall make available for use by | ||
the agency's peace officers sufficient tactical equipment to allow | ||
the peace officers to effectively respond to a critical incident. | ||
(c) A law enforcement agency satisfies the requirement of | ||
Subsection (b) by providing tactical equipment to equip the greater | ||
of: | ||
(1) at least 20 percent of the agency's peace officers; | ||
or | ||
(2) five of the agency's peace officers. | ||
(d) A law enforcement agency may enter into a mutual aid | ||
agreement with a law enforcement agency with overlapping or | ||
adjacent jurisdiction to share tactical equipment during a critical | ||
incident in the quantity that allows the agency to meet the | ||
equipment requirement prescribed by Subsection (c). | ||
SECTION 13. Chapter 391, Local Government Code, is amended | ||
by adding Section 391.0041 to read as follows: | ||
Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST | ||
RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section: | ||
(1) "Council of governments" means a regional planning | ||
commission for a state planning region created under this chapter. | ||
(2) "Critical incident" means an incident involving a | ||
first responder that occurs while the first responder is performing | ||
official duties and that results in serious bodily injury to the | ||
first responder or poses a substantial risk of serious bodily | ||
injury or death to the first responder or of serious harm to the | ||
first responder's mental health or well-being. | ||
(3) "First responder" means: | ||
(A) a peace officer described by Article 2A.001, | ||
Code of Criminal Procedure; | ||
(B) an individual included as fire protection | ||
personnel by Section 419.021, Government Code; and | ||
(C) an individual included as emergency medical | ||
services personnel by Section 773.003, Health and Safety Code. | ||
(b) Each council of governments shall develop a mental | ||
health resources plan to address the mental health needs of a first | ||
responder following a critical incident that occurs within the | ||
territory of the council. | ||
(c) A plan developed under Subsection (b): | ||
(1) must require the council of governments to | ||
provide: | ||
(A) education and training to a first responder | ||
prior to a critical incident on topics including: | ||
(i) the potential psychological impact that | ||
being involved in an incident may have on the first responder; and | ||
(ii) resources available to the first | ||
responder to address the psychological impact of an incident, | ||
including mental health counseling, peer support programs, and | ||
stress management practices; or | ||
(B) a list of recommended providers located | ||
within the territory of the council who can provide the education | ||
and training described by Paragraph (A); | ||
(2) may recommend that an employer of a first | ||
responder: | ||
(A) provide mental health counseling for the | ||
first responder following a critical incident; | ||
(B) create a process to conduct a critical | ||
incident stress debriefing following an incident; and | ||
(C) create a peer support program to support the | ||
first responder following an incident; and | ||
(3) may include any other recommendation the council | ||
of governments considers appropriate to address the mental health | ||
needs of a first responder following a critical incident. | ||
SECTION 14. Section 1701.253, Occupations Code, is amended | ||
by adding Subsection (u) to read as follows: | ||
(u) As part of the minimum curriculum requirements, the | ||
commission shall require an officer to complete the training | ||
courses described by Section 1701.273. | ||
SECTION 15. Subchapter F, Chapter 1701, Occupations Code, | ||
is amended by adding Section 1701.273 to read as follows: | ||
Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND. | ||
(a) The commission shall require a peace officer to complete the | ||
following emergency response management training courses, or a | ||
substantially similar successor course as determined by the | ||
commission, provided by the Federal Emergency Management Agency: | ||
(1) Introduction to the Incident Command System; and | ||
(2) National Incident Management System, An | ||
Introduction. | ||
(b) The commission shall require an officer to complete the | ||
training courses described by Subsection (a) unless the officer has | ||
completed the training under Section 1701.253(u). | ||
SECTION 16. Subchapter H, Chapter 1701, Occupations Code, | ||
is amended by adding Section 1701.3526 to read as follows: | ||
Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE | ||
AND COMMAND. (a) The commission shall require a peace officer whose | ||
duties involve the supervision of officers in an incident response | ||
to complete, as part of the continuing education programs under | ||
Section 1701.351(a), an advanced incident response and command | ||
course provided by the Federal Emergency Management Agency, as | ||
determined by commission rule. | ||
(b) The exemption under Section 1701.351(d) does not apply | ||
to the training required by Subsection (a). | ||
SECTION 17. Each law enforcement agency to which Article | ||
2A.067, Code of Criminal Procedure, as added by this Act, applies | ||
shall adopt the policy required by that article as soon as | ||
practicable after the effective date of this Act. | ||
SECTION 18. Not later than December 1, 2025, the Texas | ||
Division of Emergency Management shall develop and post the guide | ||
required by Section 418.059, Government Code, as added by this Act. | ||
SECTION 19. A public information officer described by | ||
Section 418.332, Government Code, as added by this Act, who was | ||
employed or appointed before the effective date of this Act shall | ||
obtain the certification required by Section 418.333, Government | ||
Code, as added by this Act, not later than September 1, 2026. | ||
SECTION 20. Not later than January 1, 2026, the Department | ||
of Public Safety and local law enforcement agencies shall enter | ||
into mutual aid agreements as required by Section 772.014, | ||
Government Code, as added by this Act. | ||
SECTION 21. Not later than January 1, 2026, each political | ||
subdivision subject to Section 370.010, Local Government Code, as | ||
added by this Act, shall establish a resilient emergency management | ||
system as required by that section. | ||
SECTION 22. As soon as practicable after the effective date | ||
of this Act, each council of governments, as defined by Section | ||
391.0041, Local Government Code, as added by this Act, shall | ||
develop a mental health resources plan required to be created under | ||
that section. | ||
SECTION 23. As soon as practicable after the effective date | ||
of this Act, the Texas Commission on Law Enforcement shall adopt | ||
rules to implement the changes in law made by this Act to | ||
Subchapters F and H, Chapter 1701, Occupations Code. | ||
SECTION 24. The minimum curriculum requirements under | ||
Section 1701.253(u), Occupations Code, as added by this Act, apply | ||
only to an officer who first begins to satisfy those requirements on | ||
or after January 1, 2026. | ||
SECTION 25. Section 1701.3526, Occupations Code, as added | ||
by this Act, applies only with respect to a 24-month continuing | ||
education training unit that begins on or after the effective date | ||
of this Act. A training unit that begins before the effective date | ||
of this Act is governed by the law in effect on the date the training | ||
unit began, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 26. This Act takes effect September 1, 2025. |