86R13451 JES-F
 
  By: Taylor S.B. No. 11
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to policies, procedures, and measures for school safety
  and mental health promotion in public schools; making an
  appropriation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 7, Education Code, is
  amended by adding Section 7.061 to read as follows:
         Sec. 7.061.  FACILITIES STANDARDS. (a) In this section,
  "instructional facility" has the meaning assigned by Section
  46.001.
         (b)  The commissioner shall adopt or amend rules as necessary
  to ensure that building standards for instructional facilities and
  other school district and open-enrollment charter school
  facilities provide a secure and safe environment. In adopting or
  amending rules under this section, the commissioner shall include
  the use of best practices for:
               (1)  the design and construction of new facilities; and
               (2)  the improvement, renovation, and retrofitting of
  existing facilities.
         (c)  Not later than September 1 of each even-numbered year,
  the commissioner shall review all rules adopted or amended under
  this section and amend the rules as necessary to ensure that
  building standards for school district and open-enrollment charter
  school facilities continue to provide a secure and safe
  environment.
         SECTION 2.  Chapter 8, Education Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR
  SCHOOL DISTRICT PERSONNEL
         Sec. 8.151.  DEFINITIONS. In this subchapter, "local mental
  health authority" and "non-physician mental health professional"
  have the meanings assigned by Section 571.003, Health and Safety
  Code.
         Sec. 8.152.  EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A
  local mental health authority shall employ a non-physician mental
  health professional to serve as a mental health and substance use
  resource for school districts located in the region served by a
  regional education service center and in which the local mental
  health authority provides services.
         (b)  If two or more local mental health authorities provide
  services in a region served by a regional education service center,
  the local mental health authority that primarily operates in the
  county in which the center is located shall employ the
  non-physician mental health professional and, in making any hiring
  decision, consult with other local mental health authorities
  providing services in that region.
         Sec. 8.153.  INTERAGENCY COLLABORATION; MEMORANDUM OF
  UNDERSTANDING. (a) A local mental health authority that employs a
  non-physician mental health professional under Section 8.152 and
  the regional education service center shall collaborate in carrying
  out this subchapter.
         (b)  Each regional education service center shall provide
  for a non-physician mental health professional employed for the
  region served by the center with a space for the professional to
  carry out the professional's duties under Section 8.155. The local
  mental health authority that employs the professional shall pay the
  center a reasonable administrative cost for providing the space.
         (c)  A local mental health authority and a regional education
  service center may enter into a memorandum of understanding for the
  administration of this section.
         Sec. 8.154.  SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL. The local mental health authority that employs a
  non-physician mental health professional under Section 8.152
  shall:
               (1)  supervise the professional in carrying out the
  professional's duties under Section 8.155; and
               (2)  consult with any other local mental health
  authorities in the region in supervising the professional.
         Sec. 8.155.  DUTIES OF NON-PHYSICIAN MENTAL HEALTH
  PROFESSIONAL. (a) A non-physician mental health professional
  employed under Section 8.152 shall act as a resource for school
  district personnel by:
               (1)  helping personnel gain awareness and a better
  understanding of mental health and co-occurring mental health and
  substance use disorders;
               (2)  assisting personnel to implement initiatives
  related to mental health or substance use under state law or agency
  rules;
               (3)  ensuring personnel are aware of:
                     (A)  the list of recommended best practice-based
  programs and research-based practices developed under Section
  161.325, Health and Safety Code; and
                     (B)  other treatment programs available in the
  school district, including programs provided by a local mental
  health authority;
               (4)  on a bimonthly basis, providing personnel with
  mental health first aid training;
               (5)  on a bimonthly basis, providing personnel with
  training on prevention and intervention programs that have been
  shown to be effective in helping students cope with pressures to:
                     (A)  use alcohol, cigarettes, or illegal drugs; or
                     (B)  misuse prescription drugs; and
               (6)  on an annual basis, providing personnel with
  training regarding the effects of grief and trauma and providing
  support to children with intellectual or developmental
  disabilities who suffer from grief or trauma.
         (b)  A non-physician mental health professional employed
  under Section 8.152 may not treat or provide counseling to a student
  or provide specific advice to school district personnel regarding a
  student.
         Sec. 8.156.  PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED.
  This subchapter does not require a school district to participate
  in training provided by a non-physician mental health professional
  or otherwise use the professional as a resource.
         Sec. 8.157.  DISTRIBUTION OF FUNDING. A state agency to
  which money is appropriated to carry out this subchapter shall
  ensure that the money is distributed equally among the local mental
  health authorities that employ and supervise non-physician mental
  health professionals under this subchapter.
         Sec. 8.158.  REPORT. (a)  Before the last business day of
  each calendar year, each local mental health authority that employs
  and supervises a non-physician mental health professional under
  this subchapter shall prepare and submit a report to the Health and
  Human Services Commission regarding the outcomes for school
  districts and students resulting from services provided by the
  non-physician mental health professional.
         (b)  Not later than January 31 of the following calendar
  year, the commission shall compile the information submitted under
  this section and prepare and submit a report to the lieutenant
  governor, the speaker of the house of representatives, each
  standing committee of the legislature having primary jurisdiction
  over mental health, and each standing committee of the legislature
  having primary jurisdiction over public education.
         SECTION 3.  Section 11.252(a), Education Code, is amended to
  read as follows:
         (a)  Each school district shall have a district improvement
  plan that is developed, evaluated, and revised annually, in
  accordance with district policy, by the superintendent with the
  assistance of the district-level committee established under
  Section 11.251. The purpose of the district improvement plan is to
  guide district and campus staff in the improvement of student
  performance for all student groups in order to attain state
  standards in respect to the achievement indicators adopted under
  Section 39.053(c). The district improvement plan must include
  provisions for:
               (1)  a comprehensive needs assessment addressing
  district student performance on the achievement indicators, and
  other appropriate measures of performance, that are disaggregated
  by all student groups served by the district, including categories
  of ethnicity, socioeconomic status, sex, and populations served by
  special programs, including students in special education programs
  under Subchapter A, Chapter 29;
               (2)  measurable district performance objectives for
  all appropriate achievement indicators for all student
  populations, including students in special education programs
  under Subchapter A, Chapter 29, and other measures of student
  performance that may be identified through the comprehensive needs
  assessment;
               (3)  strategies for improvement of student performance
  that include:
                     (A)  instructional methods for addressing the
  needs of student groups not achieving their full potential;
                     (B)  methods for addressing the needs of students
  for special programs, including:
                           (i)  suicide prevention programs, in
  accordance with Subchapter O-1, Chapter 161, Health and Safety
  Code, which includes a parental or guardian notification procedure;
                           (ii)  conflict resolution programs;
                           (iii)  violence prevention programs; and
                           (iv)  dyslexia treatment programs;
                     (C)  dropout reduction;
                     (D)  integration of technology in instructional
  and administrative programs;
                     (E)  discipline management;
                     (F)  staff development for professional staff of
  the district;
                     (G)  career education to assist students in
  developing the knowledge, skills, and competencies necessary for a
  broad range of career opportunities; and
                     (H)  accelerated education;
               (4)  strategies for providing to middle school, junior
  high school, and high school students, those students' teachers and
  school counselors, and those students' parents information about:
                     (A)  higher education admissions and financial
  aid opportunities;
                     (B)  the TEXAS grant program and the Teach for
  Texas grant program established under Chapter 56;
                     (C)  the need for students to make informed
  curriculum choices to be prepared for success beyond high school;
  and
                     (D)  sources of information on higher education
  admissions and financial aid;
               (5)  resources needed to implement identified
  strategies;
               (6)  staff responsible for ensuring the accomplishment
  of each strategy;
               (7)  timelines for ongoing monitoring of the
  implementation of each improvement strategy;
               (8)  formative evaluation criteria for determining
  periodically whether strategies are resulting in intended
  improvement of student performance; [and]
               (9)  the policy under Section 38.0041 addressing sexual
  abuse and other maltreatment of children; and
               (10)  the trauma-informed care policy required under
  Section 38.036.
         SECTION 4.  Section 12.104(b), Education Code, as amended by
  Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
  of the 85th Legislature, Regular Session, 2017, is reenacted and
  amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense; and
               (2)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  public school accountability under
  Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
                     (M)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (N)  intensive programs of instruction under
  Section 28.0213;
                     (O)  the right of a school employee to report a
  crime, as provided by Section 37.148; [and]
                     (P)  bullying prevention policies and procedures
  under Section 37.0832;
                     (Q)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
  [and]
                     (R)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (S) [(P)]  a parent's right to information
  regarding the provision of assistance for learning difficulties to
  the parent's child as provided by Sections 26.004(b)(11) and
  26.0081(c) and (d); and
                     (T)  school safety requirements under Sections
  37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, 37.207,
  37.2071, and 37.220.
         SECTION 5.  Sections 21.054(d) and (d-2), Education Code,
  are amended to read as follows:
         (d)  Continuing education requirements for a classroom
  teacher must provide that not more than 25 percent of the training
  required every five years include instruction regarding:
               (1)  collecting and analyzing information that will
  improve effectiveness in the classroom;
               (2)  recognizing early warning indicators that a
  student may be at risk of dropping out of school;
               (3)  digital learning, digital teaching, and
  integrating technology into classroom instruction;
               (4)  educating diverse student populations, including:
                     (A)  students with disabilities, including mental
  health disorders;
                     (B)  students who are educationally
  disadvantaged;
                     (C)  students of limited English proficiency; and
                     (D)  students at risk of dropping out of school;
  [and]
               (5)  understanding appropriate relationships,
  boundaries, and communications between educators and students;
  and[.]
               (6)  [(d-2) Continuing education requirements for a
  classroom teacher may include instruction regarding] how grief and
  trauma affect student learning and behavior and how evidence-based,
  grief-informed, and trauma-informed strategies support the
  academic success of students affected by grief and trauma.
         (d-2)  The instruction required under Subsection (d)(6)
  must:
               (1)  comply with the training required by Section
  38.036(c)(1); and
               (2)  be approved by the commissioner.
         SECTION 6.  Section 37.108, Education Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsections (b-1)
  and (f) to read as follows:
         (a)  Each school district or public junior college district
  shall adopt and implement a multihazard emergency operations plan
  for use in the district's facilities. The plan must address
  mitigation, preparedness, response, and recovery as defined by the
  Texas School Safety Center in conjunction with the governor's
  office of homeland security and the commissioner of education or
  commissioner of higher education, as applicable [in conjunction
  with the governor's office of homeland security]. The plan must
  provide for:
               (1)  [district employee] training in responding to an
  emergency for district employees, including substitute teachers;
               (2)  measures to ensure district employees, including
  substitute teachers, have classroom access to a telephone or
  another electronic communication device allowing for immediate
  contact with district emergency services or emergency services
  agencies, law enforcement agencies, health departments, and fire
  departments;
               (3)  if the plan applies to a school district,
  mandatory school drills and exercises, including drills required
  under Section 37.114, to prepare district students and employees
  for responding to an emergency;
               (4) [(3)]  measures to ensure coordination with the
  Department of State Health Services and local emergency management
  agencies, law enforcement, health departments, and fire
  departments in the event of an emergency; and
               (5) [(4)]  the implementation of a safety and security
  audit as required by Subsection (b).
         (b)  At least once every three years, each school district or
  public junior college district shall conduct a safety and security
  audit of the district's facilities. To the extent possible, a
  district shall follow safety and security audit procedures
  developed by the Texas School Safety Center or a person included in
  the registry established by the Texas School Safety Center under
  Section 37.2091 [comparable public or private entity].
         (b-1)  In a school district's safety and security audit
  required under Subsection (b), the district must certify that the
  district used the funds provided to the district through the school
  safety allotment under Section 42.168 only for the purposes
  provided by that section.
         (c)  A school district or public junior college district
  shall report the results of the safety and security audit conducted
  under Subsection (b) to the district's board of trustees and, in the
  manner required by the Texas School Safety Center, to the Texas
  School Safety Center. The report provided to the Texas School
  Safety Center under this subsection must be signed by the
  district's board of trustees and superintendent. The Texas School
  Safety Center shall compile school district audit results and
  report them to the agency.
         (f)  A school district shall include in its multihazard
  emergency operations plan:
               (1)  a chain of command that designates the individual
  responsible for making final decisions during a disaster or
  emergency situation and identifies other individuals responsible
  for making those decisions if the designated person is unavailable;
               (2)  provisions for responding to a natural disaster,
  active shooter, and any other dangerous scenario identified for
  purposes of this section by the agency or the Texas School Safety
  Center;
               (3)  provisions for ensuring the safety of students in
  portable buildings;
               (4)  provisions for providing immediate notification
  to parents, guardians, and other persons standing in parental
  relation in circumstances involving a significant threat to the
  health or safety of students, including identification of the
  individual with responsibility for overseeing the notification;
               (5)  a policy for providing a substitute teacher access
  to school campus buildings and materials necessary for the
  substitute teacher to carry out the duties of a district employee
  during an emergency or a mandatory emergency drill; and
               (6)  the name of each individual on the district's
  school safety and security committee established under Section
  37.109 and the date of each committee meeting during the preceding
  year.
         SECTION 7.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Sections 37.1081 and 37.1082 to read as follows:
         Sec. 37.1081.  PUBLIC HEARING ON MULTIHAZARD EMERGENCY
  OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a
  school district receives notice of noncompliance under Section
  37.207(e) or 37.2071(g), the board shall hold a public hearing to
  notify the public of:
               (1)  the district's failure to:
                     (A)  submit or correct deficiencies in a
  multihazard emergency operations plan; or
                     (B)  report the results of a safety and security
  audit to the Texas School Safety Center as required by law;
               (2)  the dates during which the district has not been in
  compliance; and
               (3)  the names of each member of the board of trustees
  and the superintendent serving in that capacity during the dates
  the district was not in compliance.
         (b)  The school district shall provide the information
  required under Subsection (a)(3) in writing to each person in
  attendance at the hearing.
         (c)  The board shall give members of the public a reasonable
  opportunity to appear before the board and to speak on the issue of
  the district's failure to submit or correct deficiencies in a
  multihazard emergency operations plan or report the results of a
  safety and security audit during a hearing held under this section.
         (d)  A school district required to hold a public hearing
  under Subsection (a) shall provide written confirmation to the
  Texas School Safety Center that the district held the hearing.
         Sec. 37.1082.  MULTIHAZARD EMERGENCY OPERATIONS PLAN
  NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS.
  (a) If the agency receives notice from the Texas School Safety
  Center of a school district's failure to submit a multihazard
  emergency operations plan, the commissioner may appoint a
  conservator for the district under Chapter 39A. The conservator
  may order the district to adopt, implement, and submit a
  multihazard emergency operations plan.
         (b)  If a district fails to comply with a conservator's order
  to adopt, implement, and submit a multihazard emergency operations
  plan within the time frame imposed by the commissioner, the
  commissioner may appoint a board of managers under Chapter 39A to
  oversee the operations of the district.
         (c)  The commissioner may adopt rules as necessary to
  administer this section.
         SECTION 8.  Section 37.109, Education Code, is amended by
  adding Subsections (a-1), (c), and (d) and amending Subsection (b)
  to read as follows:
         (a-1)  The committee must include:
               (1)  one or more representatives of an office of
  emergency management of a county or city in which the district is
  located;
               (2)  one or more representatives of the local police
  department or sheriff's office;
               (3)  one or more representatives of the district's
  police department, if applicable;
               (4)  one or more representatives of a municipality with
  territory included within the boundaries of the district;
               (5)  the president of the district's board of trustees;
               (6)  a member of the district's board of trustees other
  than the president;
               (7)  the district's superintendent;
               (8)  one or more designees of the district's
  superintendent, one of whom must be a classroom teacher in the
  district;
               (9)  if the district partners with an open-enrollment
  charter school to provide instruction to students, a member of the
  open-enrollment charter school's governing body or a designee of
  the governing body; and
               (10)  two parents or guardians of students enrolled in
  the district.
         (b)  The committee shall:
               (1)  participate on behalf of the district in
  developing and implementing emergency plans consistent with the
  district multihazard emergency operations plan required by Section
  37.108(a) to ensure that the plans reflect specific campus,
  facility, or support services needs;
               (2)  periodically provide recommendations to the
  district's board of trustees and district administrators regarding
  updating the district multihazard emergency operations plan
  required by Section 37.108(a) in accordance with best practices
  identified by the agency, the Texas School Safety Center, or a
  person included in the registry established by the Texas School
  Safety Center under Section 37.2091;
               (3)  provide the district with any campus, facility, or
  support services information required in connection with a safety
  and security audit required by Section 37.108(b), a safety and
  security audit report required by Section 37.108(c), or another
  report required to be submitted by the district to the Texas School
  Safety Center; [and]
               (4) [(3)]  review each report required to be submitted
  by the district to the Texas School Safety Center to ensure that the
  report contains accurate and complete information regarding each
  campus, facility, or support service in accordance with criteria
  established by the center; and
               (5)  consult with local law enforcement agencies on
  methods to increase law enforcement presence near district
  campuses.
         (c)  Except as otherwise provided by this subsection, the
  committee shall meet at least once during each academic semester
  and at least once during the summer. A committee established by a
  school district that operates schools on a year-round system or in
  accordance with another alternative schedule shall meet at least
  three times during each calendar year, with an interval of at least
  two months between each meeting.
         (d)  The committee is subject to Chapter 551, Government
  Code, and may meet in executive session as provided by that chapter.
  Notice of a committee meeting must be posted in the same manner as
  notice of a meeting of the district's board of trustees.
         SECTION 9.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Sections 37.113, 37.114, and 37.115 to read as
  follows:
         Sec. 37.113.  NOTIFICATION REGARDING BOMB THREAT OR
  TERRORISTIC THREAT. A school district that receives a bomb threat
  or terroristic threat relating to a campus or other district
  facility at which students are present shall provide notification
  of the threat as soon as possible to the parent or guardian of or
  other person standing in parental relation to each student who is
  assigned to the campus or who regularly uses the facility, as
  applicable.
         Sec. 37.114.  EMERGENCY EVACUATIONS; MANDATORY SCHOOL
  DRILLS. The commissioner, in consultation with the Texas School
  Safety Center and the state fire marshal, shall adopt rules:
               (1)  providing procedures for evacuating and securing
  school property during an emergency; and
               (2)  designating the number of mandatory school drills
  to be conducted each semester of the school year, not to exceed
  eight drills, including designating the number of:
                     (A)  evacuation fire exit drills; and
                     (B)  lockdown, lockout, shelter-in-place, and
  evacuation drills.
         Sec. 37.115.  THREAT ASSESSMENT TEAMS. (a) In this section,
  "threatening behaviors" include behaviors by a student that could
  result in the student's expulsion or removal to a disciplinary
  alternative education program or a juvenile justice alternative
  education program, including verbal threats, fighting, the use or
  possession of a weapon, or assault.
         (b)  The board of trustees of each school district shall
  establish threat assessment teams to serve at each campus of the
  district and shall adopt policies and procedures for the teams. The
  threat assessment team is responsible for determining the
  appropriate method for the assessment and intervention of
  individuals who make threats of violence or exhibit threatening
  behaviors on the campus. The policies and procedures adopted under
  this section must:
               (1)  be consistent with the model policies and
  procedures developed by the Texas School Safety Center under
  Section 37.220;
               (2)  require threat assessment teams to complete
  training provided by the Texas School Safety Center or a regional
  education service center regarding evidence-based threat
  assessment programs; and
               (3)  require each threat assessment team established
  under this section to report the information required under
  Subsection (h) regarding the team's activities to the agency.
         (c)  The superintendent of the district shall appoint
  members to each threat assessment team with expertise in
  counseling, classroom instruction, school administration, and law
  enforcement. A threat assessment team may serve more than one
  campus of a school district, provided that each district campus is
  assigned a threat assessment team.
         (d)  A threat assessment team shall:
               (1)  assess and report individuals who make threats of
  violence or exhibit threatening behavior in accordance with the
  policies and procedures adopted under Subsection (b); and
               (2)  provide guidance to students and school employees
  regarding:
                     (A)  recognizing threatening behavior that may
  pose a threat to the community, school, or individual; and
                     (B)  reporting potential threats, including
  providing information regarding to whom potential threats should be
  reported.
         (e)  On a determination that a student or other individual
  poses a serious risk of threat of violence to others, a threat
  assessment team shall immediately report the team's determination
  to the superintendent. If the individual is a student, the
  superintendent shall immediately attempt to inform the parent or
  person standing in parental relation to the student. The
  requirements of this subsection do not prevent an employee of the
  school from acting immediately to prevent an imminent threat or
  respond to an emergency.
         (f)  A threat assessment team identifying a student at risk
  of suicide shall act in accordance with the district's suicide
  prevention program.  If the student at risk of suicide also makes a
  threat of violence to others, the threat assessment team shall
  conduct a threat assessment in addition to actions taken in
  accordance with the district's suicide prevention program.
         (g)  A threat assessment team identifying a student using or
  possessing tobacco, drugs, or alcohol shall act in accordance with
  district policies and procedures related to substance abuse
  prevention and intervention.
         (h)  A threat assessment team must report to the agency in
  accordance with guidelines developed by the agency the following
  information regarding the team's activities for each school
  district campus the threat assessment team serves:
               (1)  the occupation of each person appointed to the
  team;
               (2)  the number of threats and a description of the type
  of the threats reported to the team;
               (3)  the outcome of each assessment made by the threat
  assessment team, including:
                     (A)  any disciplinary action taken, including a
  change in school placement;
                     (B)  any action taken by law enforcement; or
                     (C)  a referral to or change in counseling, mental
  health, special education, or other services; and
               (4)  the total number, disaggregated by student gender,
  race, and status as receiving special education services, of:
                     (A)  citations issued for Class C misdemeanor
  offenses;
                     (B)  arrests made in connection with reported
  threats; and
                     (C)  incidents of uses of restraint in connection
  with a threat assessment or reported threat.
         (i)  The superintendent of a school district may establish a
  committee, or assign to an existing committee established by the
  district the duty, to oversee the operations of threat assessment
  teams established for the district. A committee with oversight
  responsibility under this subsection must include members with
  expertise in human resources, education, school administration,
  mental health, and law enforcement.
         SECTION 10.  Section 37.207, Education Code, is amended by
  adding Subsections (c), (d), and (e) to read as follows:
         (c)  In addition to a review of a district's multihazard
  emergency operations plan under Section 37.2071, the center may
  require a district to submit its plan for immediate review if the
  district's audit results indicate that the district is not
  complying with applicable standards.
         (d)  If a district fails to report the results of its audit as
  required under Subsection (b), the center shall provide the
  district with written notice that the district has failed to report
  its audit results and must immediately report the results to the
  center.
         (e)  If six months after the date of the initial notification
  required by Subsection (d) the district has still not reported the
  results of its audit to the center, the center shall notify the
  agency and the district of the district's requirement to conduct a
  public hearing under Section 37.1081. This subsection applies only
  to a school district.
         SECTION 11.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Section 37.2071 to read as follows:
         Sec. 37.2071.  DISTRICT MULTIHAZARD EMERGENCY OPERATIONS
  PLAN REVIEW AND APPROVAL. (a) The center shall establish a random
  or need-based cycle for the center's review and approval of school
  district and public junior college district multihazard emergency
  operations plans adopted under Section 37.108. The cycle must
  provide for each district's plan to be reviewed at least once every
  three years.
         (b)  A school district or public junior college district
  shall submit its multihazard emergency operations plan to the
  center on request of the center and in accordance with the center's
  review cycle developed under Subsection (a).
         (c)  The center shall review each district's multihazard
  emergency operations plan submitted under Subsection (b) and:
               (1)  approve the plan; or
               (2)  provide the district with written notice:
                     (A)  describing the plan's deficiencies; and
                     (B)  stating that the district must correct the
  deficiencies in its plan and resubmit the revised plan to the
  center.
         (d)  If a district fails to submit its multihazard emergency
  operations plan to the center for review, the center shall provide
  the district with written notice stating that the district:
               (1)  has failed to submit a plan; and
               (2)  must submit a plan to the center for approval.
         (e)  The center may approve a district multihazard emergency
  operations plan that has deficiencies if the district submits a
  revised plan that the center determines will correct the
  deficiencies.
         (f)  If three months after the date of initial notification
  of a plan's deficiencies under Subsection (c)(2) or failure to
  submit a plan under Subsection (d) a district has not corrected the
  plan deficiencies or has failed to submit a plan, the center shall
  provide written notice to the district and agency that the district
  has not complied with the requirements of this section and must
  comply immediately.
         (g)  If a school district still has not corrected the plan
  deficiencies or has failed to submit a plan six months after the
  date of initial notification under Subsection (c)(2) or (d), the
  center shall provide written notice to the school district stating
  that the district must hold a public hearing under Section 37.1081.
         (h)  If a school district has failed to submit a plan, the
  notice required by Subsection (g) must state that the commissioner
  is authorized to appoint a conservator under Section 37.1082.
         (i)  Any document or information collected, developed, or
  produced during the review and approval of multihazard emergency
  operations plans under this section is not subject to disclosure
  under Chapter 552, Government Code.
         SECTION 12.  Section 37.2091(d), Education Code, is amended
  to read as follows:
         (d)  The center shall verify the information provided by a
  person under Subsection (c) to confirm [registry is intended to
  serve only as an informational resource for school districts and
  institutions of higher education. The inclusion of a person in the
  registry is not an indication of] the person's qualifications and
  [or] ability to provide school safety or security consulting
  services before adding the person to the registry [or that the
  center endorses the person's school safety or security consulting
  services].
         SECTION 13.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Section 37.220 to read as follows:
         Sec. 37.220.  MODEL THREAT ASSESSMENT TEAM POLICIES AND
  PROCEDURES. (a) The center shall develop model policies and
  procedures to assist school districts in establishing and training
  threat assessment teams.
         (b)  The model policies and procedures developed under
  Subsection (a) must include procedures, when appropriate, for:
               (1)  the referral of a student to a local mental health
  authority or health care provider for evaluation or treatment; and
               (2)  the referral of a student for a full individual and
  initial evaluation for special education services under Section
  29.004.
         SECTION 14.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.036 to read as follows:
         Sec. 38.036.  TRAUMA-INFORMED CARE POLICY. (a) Each school
  district shall adopt and implement a policy requiring the
  integration of trauma-informed practices in each school
  environment.
         (b)  A policy required by this section must address:
               (1)  using resources developed by the agency, methods
  for:
                     (A)  increasing staff and parent awareness  of
  trauma-informed care; and
                     (B)  implementation of trauma-informed practices
  and care by district and campus staff; and
               (2)  available counseling options for students
  affected by trauma or toxic stress.
         (c)  The methods under Subsection (b)(1) for increasing
  awareness and implementation of trauma-informed care must include
  training as provided by this subsection. The training:
               (1)  must be provided:
                     (A)  through an evidence-based,
  evidence-informed, or promising practices training program that
  addresses the effects of trauma and is approved by the agency; and
                     (B)  as part of any new employee orientation for
  all new school district educators or coaches; and
               (2)  may be included in staff development provided
  under Section 21.451.
         (d)  For any training provided under Subsection (c), each
  school district shall maintain records that include the name of
  each district staff member who participated in the training.
         (e)  If a school district determines that the district does
  not have sufficient resources to provide the training required
  under Subsection (c), the district shall make reasonable efforts to
  collaborate with a community organization to provide training that
  meets the requirements of Subsection (c) at no cost to the district.
         (f)  The commissioner shall adopt rules as necessary to
  administer this section.
         SECTION 15.  Subchapter C, Chapter 42, Education Code, is
  amended by adding Section 42.168 to read as follows:
         Sec. 42.168.  SCHOOL SAFETY ALLOTMENT. (a) A school
  district is entitled to an annual allotment of $50, or a greater
  amount provided by appropriation, for each student in average daily
  attendance.
         (b)  Funds allocated under this section must be used to
  improve school safety and security, including costs associated
  with:
               (1)  securing school facilities, including:
                     (A)  improvements to school infrastructure;
                     (B)  the use or installation of physical barriers;
  and
                     (C)  the purchase and maintenance of security
  cameras or other security equipment;
               (2)  providing security for the district, including:
                     (A)  employing school district peace officers,
  private security officers, and school marshals; and
                     (B)  collaborating with local law enforcement
  agencies, such as entering into a memorandum of understanding for
  the assignment of school resource officers to schools in the
  district; and
               (3)  school safety and security training and planning,
  including: 
                     (A)  active shooter and emergency response
  training; and
                     (B)  prevention and treatment programs relating
  to addressing adverse childhood experiences.
         (c)  A school district that is required to take action under
  Chapter 41 to reduce its wealth per student to the equalized wealth
  level is entitled to a credit, in the amount of the allotments to
  which the district is entitled under this section, against the
  total amount required under Section 41.093 for the district to
  purchase attendance credits.
         (d)  The commissioner may adopt rules to implement this
  section.
         SECTION 16.  Section 45.001(a), Education Code, is amended
  to read as follows:
         (a)  The governing board of an independent school district,
  including the city council or commission that has jurisdiction over
  a municipally controlled independent school district, the
  governing board of a rural high school district, and the
  commissioners court of a county, on behalf of each common school
  district under its jurisdiction, may:
               (1)  issue bonds for:
                     (A)  the construction, acquisition, and equipment
  of school buildings in the district;
                     (B)  the acquisition of property or the
  refinancing of property financed under a contract entered under
  Subchapter A, Chapter 271, Local Government Code, regardless of
  whether payment obligations under the contract are due in the
  current year or a future year;
                     (C)  the purchase of the necessary sites for
  school buildings; [and]
                     (D)  the purchase of new school buses;
                     (E)  the retrofitting of school buses with
  emergency, safety, or security equipment; and
                     (F)  the purchase or retrofitting of vehicles to
  be used for emergency, safety, or security purposes; and
               (2)  [may] levy, pledge, assess, and collect annual ad
  valorem taxes sufficient to pay the principal of and interest on the
  bonds as or before the principal and interest become due, subject to
  Section 45.003.
         SECTION 17.  Chapter 61, Education Code, is amended by
  adding Subchapter LL to read as follows:
  SUBCHAPTER LL. REPAYMENT OF CERTAIN SCHOOL COUNSELOR EDUCATION
  LOANS
         Sec. 61.9851.  LOAN REPAYMENT ASSISTANCE AUTHORIZED. The
  board shall provide, in accordance with this subchapter and board
  rules, assistance in the repayment of eligible student loans for
  eligible school counselors who apply and qualify for the
  assistance.
         Sec. 61.9852.  ELIGIBILITY. To be eligible to receive loan
  repayment assistance under this subchapter, a school counselor
  must:
               (1)  apply annually for the repayment assistance in a
  manner prescribed by the board;
               (2)  be a United States citizen or permanent resident
  alien;
               (3)  have earned at least a master's degree related to
  counseling from any public or accredited private institution of
  higher education;
               (4)  be certified as a school counselor under
  Subchapter B, Chapter 21; and
               (5)  have completed one, two, three, four, or five
  years of consecutive employment by a school district in this state:
                     (A)  all or part of which is located in a federally
  designated mental health care health professional shortage area; or
                     (B)  at a school that receives federal funding
  under Title I, Elementary and Secondary Education Act of 1965 (20
  U.S.C. Section 6301 et seq.).
         Sec. 61.9853.  LIMITATIONS. A school counselor may receive
  loan repayment assistance under this subchapter for not more than
  five years.
         Sec. 61.9854.  ELIGIBLE LOANS. (a)  The board may provide
  loan repayment assistance under this subchapter for the repayment
  of any student loan for education at an institution of higher
  education, a private or independent institution of higher
  education, or a public or private out-of-state institution of
  higher education accredited by a recognized accrediting agency,
  including loans for undergraduate education, received by an
  eligible person through any lender.
         (b)  The board may not provide repayment assistance for a
  student loan that is in default at the time of the person's
  application.
         (c)  In each state fiscal biennium, the board shall attempt
  to allocate all funds appropriated to the board for the purpose of
  providing loan repayment assistance under this subchapter.
         Sec. 61.9855.  REPAYMENT. (a)  The board shall deliver any
  repayment under this subchapter in a lump sum payable:
               (1)  to both the lender or other holder of the loan and
  the school counselor; or
               (2)  directly to the lender or other holder of the loan
  on the school counselor's behalf.
         (b)  A repayment under this subchapter may be applied to any
  amount due in connection with the loan.
         Sec. 61.9856.  AMOUNT OF REPAYMENT ASSISTANCE. (a)  A school
  counselor may receive loan repayment assistance under this
  subchapter for each year the school counselor establishes
  eligibility for the assistance in an amount determined by applying
  the following applicable percentage to the maximum total amount of
  assistance allowed for the school counselor under Subsection (b):
               (1)  for the first year, 10 percent;
               (2)  for the second year, 15 percent;
               (3)  for the third year, 20 percent;
               (4)  for the fourth year, 25 percent; and
               (5)  for the fifth year, 30 percent.
         (b)  The total amount of repayment assistance received by a
  school counselor under this subchapter may not exceed:
               (1)  $80,000, for assistance received by a school
  counselor who holds a doctoral degree related to counseling; and
               (2)  $40,000, for assistance received by a school
  counselor who holds a master's degree related to counseling.
         (c)  The total amount of loan repayment assistance provided
  under this subchapter may not exceed the sum of:
               (1)  the total amount of gifts and grants accepted by
  the board for the repayment assistance;
               (2)  legislative appropriations for the repayment
  assistance; and
               (3)  other funds available to the board for the
  repayment assistance.
         (d)  The board may adjust in an equitable manner the
  distribution amounts that school counselors would otherwise
  receive under Subsection (a) for a year as necessary to comply with
  Subsection (c).
         Sec. 61.9857.  RULES; ADMINISTRATION. (a)  The board shall
  adopt rules necessary to administer this subchapter.
         (b)  The board shall distribute to each institution of higher
  education or private or independent institution of higher education
  and to any appropriate state agency and professional association
  copies of the rules adopted under this section and other pertinent
  information relating to this subchapter.
         (c)  The board shall administer the program under this
  subchapter in a manner that maximizes any matching funds available
  through other sources.
         Sec. 61.9858.  SOLICITATION AND ACCEPTANCE OF FUNDS. The
  board may solicit and accept gifts and grants from any public or
  private source for the purposes of this subchapter.
         SECTION 18.  The amount of $_____ is appropriated from the
  economic stabilization fund to the foundation school fund for use
  by the commissioner of education to make grants to school districts
  and open-enrollment charter schools in accordance with this Act and
  commissioner rule during the state fiscal biennium beginning
  September 1, 2019, for improvements in the security of school
  facilities.
         SECTION 19.  From among school districts and open-enrollment
  charter schools that apply in the time and manner established by the
  commissioner of education for a grant of money under this Act to pay
  for school security improvements, the commissioner shall select
  those school districts and open-enrollment charter schools that
  best meet the criteria adopted for the purpose by the commissioner.
  The criteria must include:
               (1)  a school district's or open-enrollment charter
  school's need for improvements in the security of district or
  school facilities;
               (2)  a school district's or open-enrollment charter
  school's ability to pay for the improvements without the grant; and
               (3)  the school security improvement plan provided by
  the school district or open-enrollment charter school and the
  likely effectiveness of that plan in improving school security.
         SECTION 20.  Not later than January 1, 2020:
               (1)  the Texas School Safety Center shall:
                     (A)  develop a list of best practices for ensuring
  the safety of public school students receiving instruction in
  portable buildings; and
                     (B)  provide information regarding the list of
  best practices to school districts using portable buildings for
  student instruction;
               (2)  the commissioner of education shall adopt or amend
  rules as required by Section 7.061, Education Code, as added by this
  Act; and
               (3)  the commissioner of education, in consultation
  with the Texas School Safety Center and the state fire marshal,
  shall adopt rules as required by Section 37.114, Education Code, as
  added by this Act.
         SECTION 21.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 22.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2019.
         (b)  Sections 18 and 19 of this Act take effect September 1,
  2019, but only if this Act receives a vote of two-thirds of the
  members present in each house of the legislature, as provided by
  Section 49-g(m), Article III, Texas Constitution.