By: Rogers, Lozano, Darby, H.B. No. 249
      Harris of Anderson, Buckley, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a school security volunteer program in certain
  counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.0817 to read as follows:
         Sec. 37.0817.  SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In
  this section:
               (1)  "Honorably retired" has the meaning assigned by
  Section 411.199(c), Government Code.
               (2)  "Qualified retired law enforcement officer" means
  a person who:
                     (A)  meets the qualifications provided by 18
  U.S.C. Section 926C(c); and
                     (B)  is honorably retired.
               (3)  "Veteran" has the meaning assigned by Section
  521.1235, Transportation Code.
         (b)  This section applies only to a school district or
  open-enrollment charter school located in a county with a
  population of less than one million.
         (c)  The board of trustees of a school district to which this
  section applies, or the governing body of an open-enrollment
  charter school to which this section applies, may approve a program
  under which the district or school provides written regulations or
  written authorization for eligible persons to serve as school
  security volunteers by:
               (1)  providing security services for the district or
  school on school grounds, including any location in which an
  activity sponsored by the district or school is being conducted,
  and in school vehicles; and
               (2)  carrying a handgun in providing the security
  services under Subdivision (1).
         (d)  A person is eligible to serve as a school security
  volunteer for a program approved under this section only if:
               (1)  the person is not:
                     (A)  an employee of the district or school;
                     (B)  a contractor providing services under a
  contract with the district or school; or
                     (C)  a person who otherwise receives compensation
  or remuneration from the district or school;
               (2)  the person is:
                     (A)  a qualified retired law enforcement officer;
  or
                     (B)  a veteran; and
               (3)  the board of trustees or governing body determines
  the person is eligible based on the results of a criminal background
  check conducted on the person using criminal history record
  information obtained by the district or school in accordance with
  Section 22.0835.
         (e)  A school district that approves a program under this
  section must include the program in the district's multihazard
  emergency operations plan required under Section 37.108. An
  open-enrollment charter school that approves a program under this
  section must adopt and implement measures to ensure, in an
  emergency, coordination with the Department of State Health
  Services and local emergency management agencies, law enforcement
  agencies, health departments, and fire departments.
         (f)  A school district or open-enrollment charter school
  that approves a program under this section must provide to each
  school security volunteer a course of instruction on the safety and
  security policies of the district or school. A district must
  include instruction about the district's multihazard emergency
  operations plan adopted under Section 37.108.
         (g)  A school district or open-enrollment charter school
  that approves a program under this section must:
               (1)  provide to each person serving as a school
  security volunteer under the program a uniform that clearly
  identifies the person as a school security volunteer; and
               (2)  require each school security volunteer to wear a
  uniform described by Subdivision (1) while providing security
  services at the district or school in the manner provided under
  Subsection (c).
         (h)  A person who serves as a school security volunteer under
  this section is not a commissioned peace officer or a school
  resource officer, as defined by Section 1701.601, Occupations Code,
  and may not, in providing security services in the manner allowed
  under Subsection (c), engage in law enforcement activities or
  otherwise exercise powers or duties reserved to commissioned peace
  officers or school resource officers under this chapter or other
  law.
         (i)  A school security volunteer is immune from civil
  liability to the same extent as a professional employee of a school
  district under Section 22.0511. This subsection does not limit the
  liability of a person for intentional misconduct or gross
  negligence.
         SECTION 2.  Subchapter N, Chapter 1702, Occupations Code, is
  amended by adding Section 1702.334 to read as follows:
         Sec. 1702.334.  SCHOOL SECURITY VOLUNTEERS. This chapter
  does not apply to a person who serves as a school security volunteer
  for a school district or open-enrollment charter school under a
  program adopted under Section 37.0817, Education Code.
         SECTION 3.  The change in law made by this Act applies
  beginning with the 2023-2024 school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.