81R10892 KKA-D

By: Carona S.B. No. 2323

A BILL TO BE ENTITLED

AN ACT

relating to the functions of the Texas School Safety Center and safety at public educational institutions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.108, Education Code, is amended by amending Subsections (a), (b), and (c) and adding Subsection (e) to read as follows:

(a) Each school district or institution of higher education shall adopt and implement a multihazard emergency operations plan for use in the district's [district] schools or in the institution of higher education. The plan must address mitigation, preparedness, response, and recovery as defined by the commissioner of education or commissioner of higher education in conjunction with the governor's office of homeland security. The plan must provide for:

(1) [district] employee training in responding to an emergency;

(2) if the plan applies to a school district, mandatory school drills to prepare district students and employees for responding to an emergency;

(3) measures to ensure coordination with local emergency management agencies, law enforcement, and fire departments in the event of an emergency; and

(4) the implementation of a security audit as required by Subsection (b).

(b) At least once every two [three] years, a school district or institution of higher education shall conduct a security audit of the district's or institution's facilities. To the extent possible, a district or institution of higher education shall follow security audit procedures developed by the Texas School Safety Center or a comparable public or private entity.

(c) A school district or institution of higher education shall report the results of the security audit conducted under Subsection (b) to the district's board of trustees or the institution's board of regents, as applicable, and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center.

(e) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

SECTION 2. Subchapter D, Chapter 37, Education Code, is amended by adding Section 37.109 to read as follows:

Sec. 37.109. SCHOOL SAFETY PLANNING COMMITTEE. (a) In accordance with guidelines established by the Texas School Safety Center, each campus in a school district shall establish a school safety planning committee.

(b) The committee shall:

(1) participate on behalf of the campus in developing and periodically updating the district multihazard emergency operations plan required by Section 37.108(a) to ensure that the plan reflects specific campus needs that are consistent with the plan;

(2) provide the district with any campus-level information required in connection with a security audit required by Section 37.108(b), a security audit report required by Section 37.108(c), or another report required to be submitted by the district to the Texas School Safety Center; and

(3) 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 the campus, in accordance with criteria established by the center.

SECTION 3. Section 37.202, Education Code, is amended to read as follows:

Sec. 37.202. PURPOSE. The purpose of the center is to serve as:

(1) a central location for school safety information, including research, training, and technical assistance related to successful school safety programs;

(2) a central registry of persons providing school safety consulting services in the state; and

(3) [(2)] a resource for the prevention of youth violence and the promotion of safety in the state.

SECTION 4. Section 37.207(a), Education Code, is amended to read as follows:

(a) The center shall develop a model safety and security audit procedure for use by school districts and institutions of higher education that includes:

(1) providing each district or institution with guidelines [and a training video] showing proper audit procedures;

(2) reviewing each district or institution audit, providing the results of the review to the district or institution, and making recommendations for improvements based on the audit; and

(3) incorporating the findings of district and institution audits in a statewide report on school safety made available by the center to the public.

SECTION 5. Section 37.209, Education Code, is amended to read as follows:

Sec. 37.209. CENTER WEBSITE. The center shall develop and maintain an interactive Internet website that includes:

(1) quarterly news updates related to school safety and violence prevention;

(2) school crime data;

(3) a schedule of training and special events; and

(4) a list of persons who [approved by the board to] provide school safety consulting services in this state and are registered in accordance with Section 37.2091 [presentations].

SECTION 6. Subchapter G, Chapter 37, Education Code, is amended by adding Sections 37.2091 and 37.2121 to read as follows:

Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY CONSULTING SERVICES. (a) The center shall establish a registry of persons providing school safety consulting services in this state.

(b) Each person providing school safety consulting services in this state shall register with the center in accordance with requirements established by the center. The requirements must include provisions requiring a person registering with the center to provide information regarding the person's background, education, and experience that are relevant to the person's ability to provide knowledgeable and effective school safety consulting services.

(c) The registry is intended to serve only as an informational resource for school districts. The inclusion of a person in the registry is not an indication that the center endorses the person's qualifications or ability to provide school safety consulting services.

(d) The center shall include information regarding the registry, including the number of persons registered and the general degree of school safety experience possessed by those persons, in the annual report required by Section 37.216.

Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID AGREEMENTS. (a) The center shall identify and inform school districts of the types of entities, including local and regional authorities, other school districts, and emergency first responders, with whom school districts should customarily make efforts to enter into memoranda of understanding or mutual aid agreements addressing issues that affect school safety.

(b) The center shall develop guidelines regarding memoranda of understanding and mutual aid agreements between school districts and the entities identified in accordance with Subsection (a). The guidelines:

(1) must include descriptions of the provisions that should customarily be included in each memorandum or agreement with a particular type of entity;

(2) may include sample language for those provisions; and

(3) must be consistent with the Texas Statewide Mutual Aid System established under Subchapter E-1, Chapter 418, Government Code.

(c) The center shall encourage school districts to enter into memoranda of understanding and mutual aid agreements with entities identified in accordance with Subsection (a) that comply with the guidelines developed under Subsection (b).

(d) Each school district that enters into a memorandum of understanding or mutual aid agreement addressing issues that affect school safety shall provide a copy of the memorandum or agreement to the center.

(e) The center shall include information regarding the center's efforts under this section in the annual report required by Section 37.216.

SECTION 7. Section 37.213, Education Code, is amended to read as follows:

Sec. 37.213. INSTITUTIONS OF HIGHER EDUCATION. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) The center, in cooperation with institutions of higher education and the division of emergency management in the office of the governor, shall coordinate the development of standards for institutions of higher education in the following areas:

(1) emergency management plans;

(2) drills and exercises;

(3) risk assessment and hazard identification on a campus-specific basis to determine appropriate campus information for inclusion in emergency management plans; and

(4) required training for emergency management team members.

(c) The center shall make standards developed under Subsection (b) available to institutions of higher education through a variety of readily accessible methods.

(d) The center shall provide institutions of higher education with directed training, technical assistance, and published guidelines to ensure understanding and implementation of the standards developed under Subsection (b).

(e) The center shall research best practices regarding emergency preparedness of institutions of higher education and serve as a clearinghouse for that information.

(f) The center shall provide institutions of higher education with training, technical assistance, and published guidelines or templates, as appropriate, in the following areas:

(1) emergency management plan development;

(2) drill and exercise development and implementation;

(3) mutual aid agreements;

(4) identification of equipment and funds that may be used by institutions of higher education in an emergency; and

(5) reporting in accordance with 20 U.S.C. Section 1092(f) [An institution of higher education may use any appropriate model plan developed by the center under Section 37.205(4).

[(c) The center may provide an institution of higher education with on-site technical assistance and safety training.

[(d) The center may charge a fee to an institution of higher education for assistance and training provided under Subsection (c)].

SECTION 8. Subchapter G, Chapter 37, Education Code, is amended by adding Section 37.2161 to read as follows:

Sec. 37.2161. SCHOOL SAFETY PROGRESS REPORT. (a) The center shall periodically provide a school safety progress report to the governor, the legislature, the State Board of Education, and the agency that contains current information regarding school safety in this state based on:

(1) each school district's multihazard emergency operations plan required by Section 37.108(a);

(2) each school district's security audit required by Section 37.108(b); and

(3) any other report required to be submitted to the center.

(b) The center shall establish guidelines regarding the specific information to be included in the report required by this section.

(c) The center may provide the report required by this section in conjunction with an annual report required by Section 37.216.

SECTION 9. Section 418.004(10), Government Code, is amended to read as follows:

(10) "Local government entity" means a county, incorporated city, independent school district, institution of higher education, as defined by Section 61.003, Education Code, emergency services district, other special district, joint board, or other entity defined as a political subdivision under the laws of this state that maintains the capability to provide mutual aid.

SECTION 10. Section 37.210, Education Code, is repealed.

SECTION 11. A person providing school safety consulting services in this state shall comply with Section 37.2091, Education Code, as added by this Act, not later than January 1, 2010.

SECTION 12. This Act takes effect September 1, 2009.