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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of special threat response policies by |
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school districts and special threat response policies and protocols |
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by law enforcement agencies with jurisdiction in school districts |
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and of standard terminology for special threat response by the |
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Texas Education Agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.34 to read as follows: |
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Art. 2.34. CAMPUS SPECIAL THREAT RESPONSE PROTOCOLS AND |
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POLICY. (a) Each law enforcement agency in this state with |
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jurisdiction in a school district shall, in collaboration with the |
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school district and all other local law enforcement agencies with |
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jurisdiction in the district, establish protocols for responding to |
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a special threat on a district campus. |
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(b) The protocols established under Subsection (a) must: |
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(1) take into consideration the school district's |
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special threat response policy adopted under Section 37.1081, |
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Education Code; and |
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(2) include provisions for the first officer arriving |
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at the scene to immediately: |
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(A) enter the premises where the emergency is |
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occurring; |
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(B) identify and evaluate the threat; and |
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(C) take action to eliminate the threat, if |
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feasible, or contain the threat to prevent further injuries and |
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protect the public while additional law enforcement officers are |
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summoned. |
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(c) Each local law enforcement agency with jurisdiction in a |
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school district and the school district must consent to the |
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protocols established under Subsection (a). A local law |
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enforcement agency may not unreasonably withhold the agency's |
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consent. |
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(d) Each local law enforcement agency in this state with |
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jurisdiction in a school district shall adopt a campus special |
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threat response policy for each school district in which the agency |
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has jurisdiction that: |
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(1) incorporates the protocols established under |
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Subsection (a); |
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(2) takes into consideration the school district's |
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special threat response policy adopted under Section 37.1081, |
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Education Code; and |
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(3) includes any additional information necessary for |
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the agency to perform the agency's duties in response to a special |
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threat on each school district campus. |
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(e) Not later than July 1 of each year, a law enforcement |
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agency with jurisdiction in a school district must submit the |
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agency's campus special threat response protocols and policy to the |
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Department of Public Safety. |
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(f) The Department of Public Safety shall adopt rules and |
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procedures to annually certify a local law enforcement agency's |
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compliance with this article. |
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SECTION 2. Section 37.108, Education Code, is amended by |
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adding Subsections (j) and (k) to read as follows: |
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(j) A school district shall include in the district's |
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multihazard emergency operations plan a copy of the district's |
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special threat response policy adopted under Section 37.1081. |
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(k) In each school district's multihazard emergency |
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operations plan the district shall, if appropriate, use the |
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standard terminology for special threat response established under |
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Section 37.1082. |
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SECTION 3. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Sections 37.1081 and 37.1082 to read as follows: |
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Sec. 37.1081. SPECIAL THREAT RESPONSE POLICY. (a) Each |
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school district shall adopt a special threat response policy for |
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responding to a special threat on each district campus. The policy |
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must: |
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(1) be created in coordination with each local law |
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enforcement agency and other first responders with jurisdiction in |
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the district; |
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(2) use the standard terminology for special threat |
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response established under Section 37.1082; |
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(3) at least once during each school year, require a |
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special threat response drill to be conducted at each district |
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campus that includes students, school personnel, including |
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substitute teachers, and each local law enforcement agency and |
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first responders with jurisdiction in the district; |
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(4) include copies of the campus special threat |
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response protocols and policies adopted by each local law |
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enforcement agency with jurisdiction in the district under Article |
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2.34, Code of Criminal Procedure; |
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(5) provide for the annual review and, if necessary, |
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revision of the policy; and |
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(6) be submitted annually to the agency for |
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certification in accordance with agency rule. |
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(b) Each school district shall annually provide copies of |
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the district's special threat response policy to local hospitals, |
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emergency medical services providers, fire departments, emergency |
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management agencies, and any other entities that may be involved in |
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responding to a special threat at a school district campus. |
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(c) The commissioner shall adopt rules to implement this |
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section, including rules requiring each school district to annually |
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submit the district's special threat response policy to the agency |
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for certification of the district's compliance with this section. |
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Sec. 37.1082. STANDARD TERMINOLOGY FOR SPECIAL THREAT |
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RESPONSE. (a) The commissioner shall adopt rules establishing |
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standard terminology for special threat response to be used by |
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school districts when developing or adopting rules, policies, or |
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procedures for responding to a special threat at a school district |
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campus. The standard terminology established must be consistent |
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with the terminology used in the standard response protocol |
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promulgated by The I Love U Guys Foundation, if possible, or another |
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nationally recognized standard protocol for special threat |
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response. |
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(b) A school district must use the standard terminology for |
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special threat response established by the commissioner in the |
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district's special threat response policy and multihazard |
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emergency operations plan, in mandatory special threat response |
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drills, on posted signs, and in any other district policies |
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regarding school safety. |
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SECTION 4. (a) As soon as practicable after the effective |
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date of this Act: |
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(1) each law enforcement agency with jurisdiction in a |
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school district shall establish the campus special threat response |
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protocols and policy required by Article 2.34, Code of Criminal |
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Procedure, as added by this Act; |
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(2) the Department of Public Safety shall adopt the |
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rules and procedures required by Article 2.34(f), Code of Criminal |
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Procedure, as added by this Act; |
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(3) each school district shall adopt the special |
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threat response policy required by Section 37.1081, Education Code, |
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as added by this Act; and |
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(4) the commissioner of education shall adopt the |
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rules required by Sections 37.1081(c) and 37.1082(a), Education |
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Code, as added by this Act. |
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(b) Not later than July 1, 2020, each law enforcement agency |
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shall submit the agency's initial campus special threat response |
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protocols and policy to the Department of Public Safety, as |
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required by Article 2.34(e), Code of Criminal Procedure, as added |
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by this Act. |
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(c) Not later than the first day of the 2020-2021 school |
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year, each school district shall submit the district's special |
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threat response policy to the Texas Education Agency, as required |
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by Section 37.1081(a)(6), Education Code, as added by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |