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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 and security 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. The heading to Section 37.108, Education Code, |
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is amended to read as follows: |
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Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY |
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AND SECURITY AUDIT. |
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SECTION 2. Section 37.108, Education Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (e) |
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and (f) to 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 facilities or in the institution of higher |
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education [district schools]. 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 and exercises to prepare district students |
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and employees for responding to an emergency; |
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(3) measures to ensure coordination with the |
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Department of State Health Services and local emergency management |
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agencies, law enforcement, health departments, and fire |
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departments in the event of an emergency; and |
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(4) the implementation of a safety and security audit |
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as required by Subsection (b). |
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(b) At least once every three years, each [a] school |
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district or institution of higher education shall conduct a safety |
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and security audit of the district's or institution's facilities. |
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To the extent possible, a district or institution of higher |
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education shall follow safety and security audit procedures |
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developed by the Texas School Safety Center or a comparable public |
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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 safety and security audit conducted |
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under 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) Notwithstanding any other provision of this section, an |
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institution of higher education is not required to comply with this |
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section unless sufficient funds are appropriated to the Texas |
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School Safety Center to pay the costs of compliance, as determined |
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by the center. |
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(f) In this section, "institution of higher education" has |
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the meaning assigned by Section 61.003. |
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SECTION 3. 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 AND SECURITY COMMITTEE. (a) In |
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accordance with guidelines established by the Texas School Safety |
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Center, each school district shall establish a school safety and |
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security committee. |
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(b) The committee shall: |
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(1) participate on behalf of the district in |
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developing and implementing emergency plans consistent with the |
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district multihazard emergency operations plan required by Section |
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37.108(a) to ensure that the plans reflect specific campus, |
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facility, or support services needs; |
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(2) provide the district with any campus, facility, or |
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support services information required in connection with a safety |
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and security audit required by Section 37.108(b), a safety and |
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security audit report required by Section 37.108(c), or another |
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report required to be submitted by the district to the Texas School |
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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 each campus, |
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facility, or support service in accordance with criteria |
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established by the center. |
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SECTION 4. 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 and security |
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information, including research, training, and technical |
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assistance related to successful school safety and security |
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programs; [and] |
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(2) a central registry of persons providing school |
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safety and security consulting services in the state; and |
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(3) a resource for the prevention of youth violence |
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and the promotion of safety in the state. |
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SECTION 5. Subsection (a), Section 37.203, Education Code, |
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as amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted to read as |
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follows: |
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(a) The center is advised by a board of directors composed |
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of: |
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(1) the attorney general, or the attorney general's |
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designee; |
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(2) the commissioner, or the commissioner's designee; |
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(3) the executive director of the Texas Juvenile |
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Probation Commission, or the executive director's designee; |
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(4) the executive commissioner of the Texas Youth |
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Commission, or the executive commissioner's designee; |
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(5) the commissioner of the Department of State Health |
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Services, or the commissioner's designee; |
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(6) the commissioner of higher education, or the |
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commissioner's designee; and |
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(7) the following members appointed by the governor |
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with the advice and consent of the senate: |
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(A) a juvenile court judge; |
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(B) a member of a school district's board of |
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trustees; |
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(C) an administrator of a public primary school; |
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(D) an administrator of a public secondary |
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school; |
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(E) a member of the state parent-teacher |
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association; |
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(F) a teacher from a public primary or secondary |
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school; |
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(G) a public school superintendent who is a |
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member of the Texas Association of School Administrators; |
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(H) a school district police officer or a peace |
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officer whose primary duty consists of working in a public school; |
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and |
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(I) two members of the public. |
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SECTION 6. Subsection (b), Section 37.203, Education Code, |
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is amended to read as follows: |
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(b) Members of the board appointed under Subsection (a)(7) |
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[(a)(6)] serve staggered two-year terms, with the terms of the |
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members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)] |
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expiring on February 1 of each odd-numbered year and the terms of |
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the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)] |
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expiring on February 1 of each even-numbered year. A member may |
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serve more than one term. |
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SECTION 7. Subsection (a), Section 37.207, Education Code, |
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is amended to 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,] and making |
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recommendations for improvements in the state based on the audit; |
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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 and |
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security made available by the center to the public. |
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SECTION 8. 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 security 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 or security consulting services in this state |
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and are registered in accordance with Section 37.2091 |
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[presentations]. |
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SECTION 9. 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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OR SECURITY CONSULTING SERVICES. (a) In this section, "school |
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safety or security consulting services" includes any service |
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provided to a school district, institution of higher education, |
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district facility, or campus by a person consisting of advice, |
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information, recommendations, data collection, or safety and |
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security audit services relevant to school safety and security, |
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regardless of whether the person is paid for those services. |
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(b) The center shall establish a registry of persons |
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providing school safety or security consulting services in this |
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state. |
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(c) Each person providing school safety or security |
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consulting services in this state shall register with the center in |
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accordance with requirements established by the center. The |
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requirements must include provisions requiring a person |
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registering with the center to provide information regarding: |
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(1) the person's background, education, and experience |
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that are relevant to the person's ability to provide knowledgeable |
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and effective school safety or security consulting services; and |
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(2) any complaints or pending litigation relating to |
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the person's provision of school safety or security consulting |
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services. |
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(d) The registry is intended to serve only as an |
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informational resource for school districts and institutions of |
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higher education. The inclusion of a person in the registry is not |
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an indication of the person's qualifications or ability to provide |
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school safety or security consulting services or that the center |
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endorses the person's school safety or security consulting |
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services. |
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(e) 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 or security experience possessed by |
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those 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 and |
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security. |
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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 and security shall, at the center's request, provide |
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the following information to the center: |
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(1) the name of each entity with which the school |
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district has entered into a memorandum of understanding or mutual |
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aid agreement; |
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(2) the effective date of each memorandum or |
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agreement; and |
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(3) a summary of each memorandum or agreement. |
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(e) The center shall include information regarding the |
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center's efforts under this section in the report required by |
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Section 37.216. |
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SECTION 10. 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) multihazard emergency operations 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 and facility-specific basis to determine |
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appropriate campus and facility information for inclusion in |
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emergency operations 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) multihazard emergency operations plan |
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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). |
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(g) This section does not require an institution of higher |
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education to take action regarding implementation of a safety or |
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security measure unless the center determines that sufficient funds |
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are appropriated to the center to pay the costs of implementation |
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[An institution of higher education may use any appropriate model
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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 11. Section 37.216, Education Code, is amended to |
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read as follows: |
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Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later than |
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January [September] 1 of each odd-numbered year, the board shall |
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provide a report to the governor, the legislature, the State Board |
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of Education, and the agency. |
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(b) The biennial [annual] report must include any findings |
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made by the center regarding school safety and security and the |
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center's functions, budget information, and strategic planning |
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initiatives of the center. |
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SECTION 12. 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 AND SECURITY PROGRESS REPORT. |
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(a) The center shall periodically provide a school safety and |
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security progress report to the governor, the legislature, the |
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State Board of Education, and the agency that contains current |
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information regarding school safety and security in the school |
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districts and institutions of higher education of this state based |
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on: |
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(1) each district's or institution's multihazard |
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emergency operations plan required by Section 37.108(a); |
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(2) each district's or institution's safety and |
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security audit required by 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 the report required by Section 37.216. |
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SECTION 13. Subdivision (10), Section 418.004, Government |
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Code, is amended 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 14. Section 37.210, Education Code, is repealed. |
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SECTION 15. A person providing school safety or security |
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consulting services in this state shall comply with Section |
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37.2091, Education Code, as added by this Act, not later than |
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January 1, 2010. |
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SECTION 16. This Act takes effect September 1, 2009. |
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* * * * * |