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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of threat assessment teams in public |
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schools and the establishment of a student threat assessment |
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database; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.115, Education Code, is amended by |
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adding Subsections (f-1) and (h-1) to read as follows: |
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(f-1) A team must complete a threat assessment of an |
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individual as required by Subsection (f) not later than the 30th day |
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after the date on which the team began the assessment. |
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(h-1) Not later than the 10th day after the date on which a |
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team makes a determination that a student poses a serious risk of |
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violence to self or others, the team shall: |
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(1) enter the student's threat assessment into the |
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threat assessment database established under Section 37.1151; and |
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(2) make a notation in the student's cumulative record |
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that the student is included in the threat assessment database. |
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SECTION 2. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.1151 to read as follows: |
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Sec. 37.1151. STUDENT THREAT ASSESSMENT DATABASE. (a) The |
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agency shall establish a database of student threat assessments |
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conducted under Section 37.115 in which there was a determination |
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that a student poses a serious risk of violence to self or others. |
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(b) The agency must allow access to the database reporting a |
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student's threat assessment to: |
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(1) a peace officer or school resource officer |
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assigned to a public or private primary or secondary school or |
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open-enrollment charter school that the student has attended or |
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currently attends; and |
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(2) the principal or principal's designee and the |
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superintendent or superintendent's designee at each public or |
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private primary or secondary school or open-enrollment charter |
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school that the student has attended or currently attends. |
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(c) A person authorized to access the threat assessment |
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database under Subsection (b) may access information in the |
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database solely for the purpose of ensuring school safety and |
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security. A person shall keep any information received from the |
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database confidential and may not use the information for a purpose |
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that does not directly relate to the purpose for which it was |
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obtained. |
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(d) Information regarding a student's threat assessment |
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reported in the threat assessment database must be permanently |
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erased from the database on the date that the student reaches 21 |
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years of age. |
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(e) A person who has access to or obtains confidential |
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information in the threat assessment database commits an offense if |
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the person knowingly: |
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(1) uses the information for a purpose other than |
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ensuring school safety and security; |
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(2) permits inspection of the confidential |
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information by a person who is not authorized to inspect the |
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information; or |
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(3) releases or discloses the confidential |
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information to a person who is not entitled to the information. |
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(f) An offense under this section is a Class B misdemeanor. |
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(g) The commissioner shall adopt rules necessary to |
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implement this section. |
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SECTION 3. (a) Section 37.115(h-1), Education Code, as |
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added by this Act, applies beginning January 1, 2022. |
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(b) As soon as practicable after the effective date of this |
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Act but not later than January 1, 2022, the commissioner of |
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education shall establish the threat assessment database as |
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required by Section 37.1151, Education Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |