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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of the Texas School Safety Center and |
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safety at public educational institutions. |
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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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amending Subsections (a), (b), and (c) and adding Subsection (e) to |
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read as follows: |
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(a) Each school district or institution of higher education |
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shall adopt and implement a multihazard emergency operations plan |
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for use in the district's [district] schools or in the institution |
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of higher education. The plan must address mitigation, |
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preparedness, response, and recovery as defined by the commissioner |
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of education or commissioner of higher education in conjunction |
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with the governor's office of homeland security. The plan must |
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provide for: |
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(1) [district] employee training in responding to an |
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emergency; |
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(2) if the plan applies to a school district, |
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mandatory school drills to prepare district students and employees |
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for responding to an emergency; |
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(3) measures to ensure coordination with local |
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emergency management agencies, law enforcement, and fire |
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departments in the event of an emergency; and |
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(4) the implementation of a security audit as required |
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by Subsection (b). |
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(b) At least once every two [three] years, a school district |
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or institution of higher education shall conduct a security audit |
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of the district's or institution's facilities. To the extent |
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possible, a district or institution of higher education shall |
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follow security audit procedures developed by the Texas School |
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Safety Center or a comparable public or private entity. |
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(c) A school district or institution of higher education |
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shall report the results of the security audit conducted under |
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Subsection (b) to the district's board of trustees or the |
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institution's board of regents, as applicable, and, in the manner |
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required by the Texas School Safety Center, to the Texas School |
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Safety Center. |
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(e) In this section, "institution of higher education" has |
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the meaning assigned by Section 61.003. |
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SECTION 2. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.109 to read as follows: |
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Sec. 37.109. SCHOOL SAFETY PLANNING COMMITTEE. (a) In |
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accordance with guidelines established by the Texas School Safety |
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Center, each campus in a school district shall establish a school |
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safety planning committee. |
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(b) The committee shall: |
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(1) participate on behalf of the campus in developing |
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and periodically updating the district multihazard emergency |
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operations plan required by Section 37.108(a) to ensure that the |
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plan reflects specific campus needs that are consistent with the |
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plan; |
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(2) provide the district with any campus-level |
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information required in connection with a security audit required |
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by Section 37.108(b), a security audit report required by Section |
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37.108(c), or another report required to be submitted by the |
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district to the Texas School Safety Center; and |
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(3) review each report required to be submitted by the |
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district to the Texas School Safety Center to ensure that the report |
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contains accurate and complete information regarding the campus, in |
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accordance with criteria established by the center. |
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SECTION 3. Section 37.202, Education Code, is amended to |
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read as follows: |
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Sec. 37.202. PURPOSE. The purpose of the center is to serve |
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as: |
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(1) a central location for school safety information, |
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including research, training, and technical assistance related to |
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successful school safety programs; |
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(2) a central registry of persons providing school |
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safety consulting services in the state; and |
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(3) [(2)] a resource for the prevention of youth |
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violence and the promotion of safety in the state. |
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SECTION 4. Section 37.207(a), Education Code, is amended to |
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read as follows: |
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(a) The center shall develop a model safety and security |
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audit procedure for use by school districts and institutions of |
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higher education that includes: |
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(1) providing each district or institution with |
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guidelines [and a training video] showing proper audit procedures; |
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(2) reviewing each district or institution audit, |
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providing the results of the review to the district or institution, |
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and making recommendations for improvements based on the audit; and |
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(3) incorporating the findings of district and |
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institution audits in a statewide report on school safety made |
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available by the center to the public. |
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SECTION 5. Section 37.209, Education Code, is amended to |
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read as follows: |
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Sec. 37.209. CENTER WEBSITE. The center shall develop and |
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maintain an interactive Internet website that includes: |
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(1) quarterly news updates related to school safety |
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and violence prevention; |
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(2) school crime data; |
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(3) a schedule of training and special events; and |
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(4) a list of persons who [approved by the board to] |
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provide school safety consulting services in this state and are |
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registered in accordance with Section 37.2091 [presentations]. |
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SECTION 6. Subchapter G, Chapter 37, Education Code, is |
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amended by adding Sections 37.2091 and 37.2121 to read as follows: |
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Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY |
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CONSULTING SERVICES. (a) The center shall establish a registry of |
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persons providing school safety consulting services in this state. |
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(b) Each person providing school safety consulting services |
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in this state shall register with the center in accordance with |
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requirements established by the center. The requirements must |
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include provisions requiring a person registering with the center |
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to provide information regarding the person's background, |
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education, and experience that are relevant to the person's ability |
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to provide knowledgeable and effective school safety consulting |
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services. |
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(c) The registry is intended to serve only as an |
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informational resource for school districts. The inclusion of a |
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person in the registry is not an indication that the center endorses |
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the person's qualifications or ability to provide school safety |
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consulting services. |
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(d) The center shall include information regarding the |
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registry, including the number of persons registered and the |
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general degree of school safety experience possessed by those |
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persons, in the annual report required by Section 37.216. |
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Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID |
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AGREEMENTS. (a) The center shall identify and inform school |
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districts of the types of entities, including local and regional |
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authorities, other school districts, and emergency first |
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responders, with whom school districts should customarily make |
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efforts to enter into memoranda of understanding or mutual aid |
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agreements addressing issues that affect school safety. |
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(b) The center shall develop guidelines regarding memoranda |
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of understanding and mutual aid agreements between school districts |
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and the entities identified in accordance with Subsection (a). The |
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guidelines: |
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(1) must include descriptions of the provisions that |
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should customarily be included in each memorandum or agreement with |
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a particular type of entity; |
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(2) may include sample language for those provisions; |
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and |
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(3) must be consistent with the Texas Statewide Mutual |
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Aid System established under Subchapter E-1, Chapter 418, |
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Government Code. |
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(c) The center shall encourage school districts to enter |
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into memoranda of understanding and mutual aid agreements with |
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entities identified in accordance with Subsection (a) that comply |
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with the guidelines developed under Subsection (b). |
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(d) Each school district that enters into a memorandum of |
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understanding or mutual aid agreement addressing issues that affect |
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school safety shall provide a copy of the memorandum or agreement to |
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the center. |
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(e) The center shall include information regarding the |
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center's efforts under this section in the annual report required |
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by Section 37.216. |
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SECTION 7. Section 37.213, Education Code, is amended to |
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read as follows: |
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Sec. 37.213. INSTITUTIONS OF HIGHER EDUCATION. (a) In |
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this section, "institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(b) The center, in cooperation with institutions of higher |
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education and the division of emergency management in the office of |
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the governor, shall coordinate the development of standards for |
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institutions of higher education in the following areas: |
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(1) emergency management plans; |
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(2) drills and exercises; |
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(3) risk assessment and hazard identification on a |
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campus-specific basis to determine appropriate campus information |
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for inclusion in emergency management plans; and |
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(4) required training for emergency management team |
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members. |
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(c) The center shall make standards developed under |
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Subsection (b) available to institutions of higher education |
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through a variety of readily accessible methods. |
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(d) The center shall provide institutions of higher |
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education with directed training, technical assistance, and |
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published guidelines to ensure understanding and implementation of |
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the standards developed under Subsection (b). |
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(e) The center shall research best practices regarding |
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emergency preparedness of institutions of higher education and |
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serve as a clearinghouse for that information. |
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(f) The center shall provide institutions of higher |
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education with training, technical assistance, and published |
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guidelines or templates, as appropriate, in the following areas: |
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(1) emergency management plan development; |
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(2) drill and exercise development and |
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implementation; |
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(3) mutual aid agreements; |
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(4) identification of equipment and funds that may be |
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used by institutions of higher education in an emergency; and |
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(5) reporting in accordance with 20 U.S.C. Section |
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1092(f) [An institution of higher education may use any appropriate
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model plan developed by the center under Section 37.205(4).
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[(c)
The center may provide an institution of higher
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education with on-site technical assistance and safety training.
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[(d)
The center may charge a fee to an institution of higher
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education for assistance and training provided under Subsection
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(c)]. |
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SECTION 8. Subchapter G, Chapter 37, Education Code, is |
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amended by adding Section 37.2161 to read as follows: |
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Sec. 37.2161. SCHOOL SAFETY PROGRESS REPORT. (a) The |
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center shall periodically provide a school safety progress report |
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to the governor, the legislature, the State Board of Education, and |
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the agency that contains current information regarding school |
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safety in this state based on: |
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(1) each school district's multihazard emergency |
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operations plan required by Section 37.108(a); |
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(2) each school district's security audit required by |
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Section 37.108(b); and |
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(3) any other report required to be submitted to the |
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center. |
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(b) The center shall establish guidelines regarding the |
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specific information to be included in the report required by this |
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section. |
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(c) The center may provide the report required by this |
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section in conjunction with an annual report required by Section |
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37.216. |
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SECTION 9. Section 418.004(10), Government Code, is amended |
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to read as follows: |
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(10) "Local government entity" means a county, |
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incorporated city, independent school district, institution of |
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higher education, as defined by Section 61.003, Education Code, |
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emergency services district, other special district, joint board, |
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or other entity defined as a political subdivision under the laws of |
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this state that maintains the capability to provide mutual aid. |
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SECTION 10. Section 37.210, Education Code, is repealed. |
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SECTION 11. A person providing school safety consulting |
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services in this state shall comply with Section 37.2091, Education |
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Code, as added by this Act, not later than January 1, 2010. |
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SECTION 12. This Act takes effect September 1, 2009. |