BILL ANALYSIS

 

 

Senate Research Center

S.B. 372

 

By: Campbell

 

Education

 

6/24/2019

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Education Code provides four different security providers to school districts: school resource officers, school district commissioned police officers, private security personnel, and school marshals. Under current law, only the school marshal program applies to charter schools. Charter schools should be allowed to access the same security providers as school districts to ensure the safety of all Texas public school children. S.B. 372 amends Section 12.104, Education Code, to allow open-enrollment charter schools to employ security personnel and commission peace officers. They may also enter into a memorandum of understanding (MOU) with a local law enforcement agency to acquire a school resource officer. (Original Author's/Sponsor's Statement of Intent)

 

S.B. 372 amends current law relating to the authority of an open-enrollment charter school to employ security personnel, commission peace officers, and have school resource officers.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 12.104, Education Code, by adding Subsections (a-1) and (a-2), as follows:

 

(a-1) Authorizes the governing body of an open-enrollment charter school to:

 

(1) employ security personnel and commission peace officers in the same manner as a board of trustees of a school district under Section 37.081 (School District Peace Officers and Security Personnel); and

 

(2) enter into a memorandum of understanding with a local law enforcement agency to assign a school resource officer, as that term is defined by Section 1701.601 (Definition), Occupations Code, to the school.

 

(a-2) Establishes that a reference in law to a peace officer commissioned under Section 37.081 includes a peace officer commissioned by an open-enrollment charter school in accordance with Subsection (a-1), and provides that a charter school peace officer has the same powers, duties, and immunities as a peace officer commissioned under that section.

 

SECTION 2. Effective date: upon passage or September 1, 2019.