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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing public school campus special threat |
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response plans. |
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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 Subsection (a) and adding Subsections (f) and (g) to read |
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as follows: |
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Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY |
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AND SECURITY AUDIT (a) Each school district or public junior |
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college district shall adopt and implement a multihazard emergency |
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operations plan for use in the district's facilities using uniform |
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nomenclature found in the standard response protocol. The plan must |
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address mitigation, preparedness, response, and recovery as |
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defined by the commissioner of education or commissioner of higher |
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education in conjunction with the governor's office of homeland |
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security. The plan must 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 |
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management agencies, and emergency services agencies [law
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enforcement, health departments, and fire departments] in the event |
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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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(f) A school district, in coordination with emergency |
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services agencies, shall include in its multihazard emergency |
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operations plan a special threat response policy as described in |
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Section 37.1081. |
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(g) In this section "emergency services agency" includes a |
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law enforcement agency, a school security department, a health |
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department, an emergency medical services provider, and a fire |
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department. |
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SECTION 2. Subchapter D, Chapter 37, Education Code, is |
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amended by 37.1081 to read as follows: |
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Sec. 37.1081. CAMPUS SPECIAL THREAT RESPONSE POLICY. (a) |
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Each school district shall coordinate with each emergency services |
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agency serving the school district to: |
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(1) establish a policy using uniform nomenclature |
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found in the standard response protocol to be included in each |
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school district's multihazard emergency operations plan as |
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described by Sec. 37.108 for coordinating with emergency services |
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agencies when responding to a special threat on the campus of a |
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school; |
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(2) annually: |
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(A) during the regular school year conduct an |
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special threat drill with emergency services agencies, students, |
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and school employees, including substitute teachers, in accordance |
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with the policy; and |
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(B) review and, if necessary, revise the policy; |
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and |
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(3) not later than August 1 of each year, submit the |
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policy to the commissioner and the director of public safety. |
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(b) The response policy established under Subsection (a)(1) |
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must: |
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(1) include protocols for the first law enforcement |
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officer arriving 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; and |
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(2) must be consented to by each emergency services |
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agency serving the school district, which consent may not be |
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unreasonably withheld. |
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(c) Each emergency services agency serving a school |
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district shall adopt a response policy incorporating the policy |
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established under Subsection (a)(1) and include any additional |
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information necessary for the emergency services district to |
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perform its duties under a school district's response policy. |
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(d) Rules and procedures shall be adopted by: |
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(1) the commissioner for the annual certification of a |
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school district's plan established under Subsection (a)(1); and |
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(2) the director of public safety for the annual |
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certification of an emergency service agency's plan established |
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under Subsection (c). |
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(d) In this section "emergency services agency" has the |
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meaning assigned by Section 37.108(g). |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act: |
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(1) each school district and each emergency services |
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agency shall establish the policy required by Section 37.1081, |
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Education Code, as added by this Act; and |
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(2) the Commissioner of Education and the Director of |
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Public Safety shall adopt the rules and procedures required by |
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Section 37.1081, Education Code, as added by this Act. |
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(b) Not later than August 1, 2020, each school district and |
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emergency services agency shall submit the initial policies to the |
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Commissioner of Education and the Director of Public Safety, as |
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required by Section 37.1081, Education Code, as added by this Act. |
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SECTION 4. 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. |