88R9058 AMF-D
 
  By: Manuel H.B. No. 5102
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to safety and security audits at a school district or
  public junior college district and requiring deficiencies
  identified in those audits to be corrected.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.108, Education Code, is amended by
  amending Subsections (b), (c), (c-1), and (c-2) and adding
  Subsections (b-2) and (c-3) to read as follows:
         (b)  At least once every two [three] years, each school
  district or public junior college district shall conduct a safety
  and security audit of the district's facilities. The audit must be
  conducted by [To the extent possible, a district shall follow
  safety and security audit procedures developed by the Texas School
  Safety Center or] a person included in the registry established by
  the Texas School Safety Center under Section 37.2091 who is not an
  employee of the district.
         (b-2)  If the results of a school district's or public junior
  college district's safety and security audit conducted under
  Subsection (b) identify deficiencies in the district's safety or
  security, the district shall correct the deficiencies by the date
  specified by the auditor. On or as soon as practicable after that
  date, the auditor shall conduct a follow-up audit to confirm
  whether the district has corrected the deficiencies.
         (c)  A school district or public junior college district
  shall report the results of the safety and security audit conducted
  under Subsection (b) or a follow-up audit conducted under
  Subsection (b-2) to the district's board of trustees and, in the
  manner required by the Texas School Safety Center, to the Texas
  School Safety Center. A [The] report provided to the Texas School
  Safety Center under this subsection must be signed by:
               (1)  for a school district, the district's board of
  trustees and superintendent; or
               (2)  for a public junior college district, the
  president of the junior college district.
         (c-1)  Except as provided by Subsections [Subsection] (c-2)
  and (c-3), any document or information collected, developed, or
  produced during a safety and security audit conducted under
  Subsection (b) or a follow-up audit conducted under Subsection
  (b-2) is not subject to disclosure under Chapter 552, Government
  Code.
         (c-2)  A document relating to a school district's or public
  junior college district's multihazard emergency operations plan is
  subject to disclosure if the document enables a person to:
               (1)  verify that the district has established a plan
  and determine the agencies involved in the development of the plan
  and the agencies coordinating with the district to respond to an
  emergency, including the Department of State Health Services, local
  emergency services agencies, law enforcement agencies, health
  departments, and fire departments;
               (2)  verify that the district's plan was reviewed
  within the last 12 months and determine the specific review dates;
               (3)  verify that the plan addresses the five phases of
  emergency management under Subsection (a);
               (4)  verify that district employees have been trained
  to respond to an emergency and determine the types of training, the
  number of employees trained, and the person conducting the
  training;
               (5)  verify that each campus in the district has
  conducted mandatory emergency drills and exercises in accordance
  with the plan and determine the frequency of the drills;
               (6)  if the district is a school district, verify that
  the district has established a plan for responding to a train
  derailment if required under Subsection (d);
               (7)  verify that the district has completed a safety
  and security audit under Subsection (b) and determine the date the
  audit was conducted, the person conducting the audit, and the date
  the district presented the results of the audit to the district's
  board of trustees;
               (8)  verify that the district has corrected any
  deficiencies identified by a safety and security audit conducted
  under Subsection (b) by the date specified in the audit;
               (9)  verify that the district has addressed any
  recommendations by the district's board of trustees for improvement
  of the plan and determine the district's progress within the last 12
  months; and
               (10) [(9)]  if the district is a school district,
  verify that the district has established a visitor policy and
  identify the provisions governing access to a district building or
  other district property.
         (c-3)  If the Texas School Safety Center receives a report
  under Subsection (c) on the results of a follow-up audit conducted
  under Subsection (b-2) indicating that a school district or public
  junior college district has failed to correct a deficiency
  identified in the preceding safety and security audit conducted
  under Subsection (b), the center shall notify the agency of the
  district's failure to correct the deficiency. The agency shall
  maintain on the agency's Internet website a publicly accessible
  list of school districts and public junior college districts for
  which the agency receives notice under this section.
         SECTION 2.  Section 37.108(b-2), Education Code, as added by
  this Act, applies only to a safety and security audit conducted
  under that section on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.