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A BILL TO BE ENTITLED
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AN ACT
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relating to the training in school safety of certain educators of a |
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school district or an open-enrollment charter school authorized to |
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carry a concealed handgun on school premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. SAFETY TRAINING FOR CERTAIN EMPLOYEES |
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Sec. 37.321. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Public |
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Safety. |
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(2) "Training center" means the Advanced Law |
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Enforcement Rapid Response Training Center at Texas State |
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University--San Marcos. |
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Sec. 37.322. SAFETY TRAINING PROGRAM FOR EMPLOYEES LICENSED |
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TO CARRY CONCEALED HANDGUN. (a) The department shall, with |
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technical assistance based on the best practices developed for law |
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enforcement officers by the training center, establish and maintain |
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a training program in school safety and the protection of students |
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for employees of a school district or an open-enrollment charter |
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school who: |
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(1) hold a license to carry a concealed handgun issued |
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under Subchapter H, Chapter 411, Government Code; |
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(2) are authorized by the school district or |
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open-enrollment charter school to carry a concealed handgun under |
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Section 46.03(a)(1), Penal Code; and |
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(3) are selected by the board of trustees of the school |
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district or governing body of the open-enrollment charter school to |
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attend the training program. |
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(b) Each school year, the department shall provide the |
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training program under Subsection (a) at no charge for two |
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employees at a school campus that does not have security personnel |
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or a commissioned peace officer assigned full-time to the school |
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campus. |
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(c) The department may provide the training program under |
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Subsection (a) to school employees in addition to those attending |
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the training under Subsection (b) on payment of a fee by the school |
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district or open-enrollment charter school employing the person. |
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(d) A school district or open-enrollment charter school may |
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not require an employee to involuntarily participate in the |
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training program under Subsection (a). An employee may not be |
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subject to any penalty or disciplinary action for refusing to |
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participate in the training program. |
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(e) Nothing in this section prohibits a school district or |
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open-enrollment charter school from revoking authorization for an |
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employee to carry a concealed handgun under Section 46.03(a)(1), |
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Penal Code, if the employee refuses to participate in the training |
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program under Subsection (a). |
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Sec. 37.3221. AUTHORIZATION TO CARRY CONCEALED HANDGUN AT |
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CERTAIN SCHOOL EVENTS. Notwithstanding Section 46.035(b)(2), |
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Penal Code, an employee who has met the requirements of Section |
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37.322(a) and who has successfully completed the training program |
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under Section 37.322 may, pursuant to written regulation or written |
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authorization by the school district or open-enrollment charter |
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school, carry a concealed handgun on premises owned or controlled |
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by the employing school district or open-enrollment charter school |
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during a high school event or interscholastic event in which |
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students from the employing school district or open-enrollment |
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charter school are participating. |
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Sec. 37.323. LIMITATION OF LIABILITY. (a) This subchapter |
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does not waive any rights, privileges, immunities, or defenses of: |
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(1) a school district, an open-enrollment charter |
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school, Texas State University--San Marcos, or the Texas State |
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University System; |
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(2) the board of trustees of a school district, the |
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governing body of an open-enrollment charter school, or the board |
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of regents of the Texas State University System; or |
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(3) an officer or employee of a school district, an |
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open-enrollment charter school, or the Texas State University |
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System. |
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(b) This subchapter does not create any liability for or a |
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cause of action against: |
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(1) a school district, an open-enrollment charter |
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school, Texas State University--San Marcos, or the Texas State |
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University System; |
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(2) the board of trustees of a school district, the |
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governing body of an open-enrollment charter school, or the board |
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of regents of the Texas State University System; or |
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(3) an officer or employee of a school district, |
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open-enrollment charter school, or the Texas State University |
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System. |
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(c) A court may not hold the department or the training |
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center or an officer or employee of the department or the training |
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center liable for damages caused by: |
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(1) an action authorized under this subchapter or a |
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failure to perform a duty imposed by this subchapter; or |
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(2) the actions of a district or charter school |
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employee that occur after the employee has received training or has |
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been denied training under this subchapter. |
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(d) A cause of action for damages may not be brought against |
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the department or the training center or an officer or employee of |
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the department or the training center for any damage caused by the |
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actions of a district or charter school employee under this |
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subchapter. |
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(e) The department or the training center is not responsible |
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for any injury or damage inflicted on any person by a district or |
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charter school employee arising or alleged to have arisen from an |
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action taken by the department or the training center under this |
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subchapter. |
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(f) The department or the training center or an officer or |
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employee of the department or the training center is immune from |
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liability and from suit for any act or failure to act arising under |
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this subchapter. |
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Sec. 37.324. CONFIDENTIALITY OF RECORDS. (a) The |
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department and the board of trustees of a school district or |
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governing body of an open-enrollment charter school shall disclose |
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to a criminal justice agency information contained in its files and |
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records regarding whether a named employee or any employee named in |
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a specified list has attended training under this |
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subchapter. Information on an employee subject to disclosure |
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under this section includes the employee's name, date of birth, zip |
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code, and telephone number. Except as otherwise provided by this |
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section, all other records maintained under this subchapter are |
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confidential and are not subject to mandatory disclosure under the |
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open records law, Chapter 552, Government Code. |
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(b) A school district or open-enrollment charter school |
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employee who has attended training may be furnished a copy of |
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disclosable records regarding the employee on request. |
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(c) The department and the board of trustees of a school |
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district or governing body of an open-enrollment charter school |
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shall make available on request by an employee the name of the |
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criminal justice agency requesting information relating to the |
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employee under this section. |
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Sec. 37.325. FUNDS. (a) The school safety training fund |
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is created as a special fund in the state treasury. The fund |
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consists of gifts, grants, and donations. |
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(b) The department may solicit and accept a gift, grant, or |
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donation from any source, including a foundation or private entity, |
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for the training program under Section 37.322(a) and shall deposit |
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money accepted under this subsection to the credit of the school |
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safety training fund. |
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(c) The department must use funds collected under |
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Subsection (b) before using any state funds to establish and |
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maintain the training program under Section 37.322. |
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(d) The amount of state funds allocated in any state fiscal |
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biennium for the training program under Section 37.322 may not |
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exceed $1 million. |
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SECTION 2. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 3. This Act takes effect September 1, 2013. |
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