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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of information and documents |
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collected, developed, or produced during a school district security |
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audit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.108, Education Code, is amended by |
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adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) Except as provided by Subsection (c-2), any document |
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or information collected, developed, or produced during a security |
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audit conducted under Subsection (b) is not subject to disclosure |
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under Chapter 552, Government Code. |
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(c-2) A document relating to a school district's |
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multihazard emergency operation plan is subject to disclosure if |
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the document enables a person to: |
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(1) verify that the district has established a plan |
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and determine the agencies involved in the development of the plan |
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and the agencies coordinating with the district to respond to an |
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emergency, including local emergency services agencies, law |
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enforcement agencies, and fire departments; |
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(2) verify that the district's plan was reviewed |
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within the last 12 months and determine the specific review dates; |
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(3) verify that the plan addresses the four phases of |
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emergency management under Subsection (a); |
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(4) verify that district employees have been trained |
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to respond to an emergency and determine the types of training, the |
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number of employees trained, and the person conducting the |
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training; |
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(5) verify that each campus in the district has |
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conducted mandatory emergency drills and exercises in accordance |
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with the plan and determine the frequency of the drills; |
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(6) verify that the district has established a plan |
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for responding to a train derailment if required under Subsection |
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(d); |
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(7) verify that the district has completed a security |
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audit under Subsection (b) and determine the date the audit was |
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conducted, the person conducting the audit, and the date the |
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district presented the results of the audit to the school board; |
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(8) verify that the district has addressed any |
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recommendations by the district's board of trustees for improvement |
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of the plan and determine the district's progress within the last 12 |
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months; and |
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(9) verify that the district has established a visitor |
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policy and identify the provisions governing access to a district |
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building or other district property. |
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SECTION 2. Subsections (c-1) and (c-2), Section 37.108, |
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Education Code, as added by this Act, apply only to a request for |
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documents or information that is received by a school district on or |
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after the effective date of this Act. A request for documents or |
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information that was received before the effective date of this Act |
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is governed by the law in effect on the date the request was |
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received, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. 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, 2009. |