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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of school district peace officers, school |
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resource officers, and security personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.052(l), Education Code, is amended to |
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read as follows: |
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(l) The governing board of the Texas School for the Deaf may |
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employ security personnel, enter into a memorandum of understanding |
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with a local law enforcement agency for the provision of school |
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resource officers, and [may] commission peace officers in the same |
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manner as a board of trustees of a school district under Section |
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37.081. |
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SECTION 2. The heading to Section 37.081, Education Code, |
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is amended to read as follows: |
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Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL |
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RESOURCE OFFICERS, AND SECURITY PERSONNEL. |
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SECTION 3. Section 37.081, Education Code, is amended by |
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amending Subsections (a) and (d) and adding Subsections (d-1), |
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(d-2), (d-3), and (d-4) to read as follows: |
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(a) The board of trustees of any school district may employ |
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security personnel, enter into a memorandum of understanding with a |
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local law enforcement agency for the provision of school resource |
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officers, and [may] commission peace officers to carry out this |
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subchapter. If a board of trustees authorizes a person employed as |
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security personnel to carry a weapon, the person must be a |
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commissioned peace officer. The jurisdiction of a peace officer, a |
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school resource officer, or security personnel under this section |
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shall be determined by the board of trustees and may include all |
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territory in the boundaries of the school district and all property |
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outside the boundaries of the district that is owned, leased, or |
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rented by or otherwise under the control of the school district and |
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the board of trustees that employ the peace officer or security |
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personnel or that enter into a memorandum of understanding for the |
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provision of a school resource officer. |
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(d) The [A school district peace officer shall perform law
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enforcement duties for the school district as determined by the] |
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board of trustees of the school district shall determine the law |
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enforcement duties of peace officers, school resource officers, and |
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security personnel. The duties must be included in: |
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(1) the district improvement plan under Section |
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11.252; |
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(2) the student code of conduct adopted under Section |
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37.001; |
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(3) any memorandum of understanding providing for a |
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school resource officer; and |
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(4) any other campus or district document describing |
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the role of peace officers, school resource officers, or security |
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personnel in the district. |
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(d-1) A school district peace officer, a school resource |
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officer, and security personnel shall perform law enforcement |
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duties for the school district that [Those duties] must include |
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protecting: |
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(1) the safety and welfare of any person in the |
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jurisdiction of the peace officer, resource officer, or security |
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personnel; and |
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(2) the property of the school district. |
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(d-2) A school district may not assign or require as duties |
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of a school district peace officer, a school resource officer, or |
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security personnel: |
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(1) routine student discipline or school |
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administrative tasks; or |
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(2) contact with students unrelated to the law |
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enforcement duties of the peace officer, resource officer, or |
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security personnel. |
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(d-3) This section does not prohibit a school district peace |
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officer, a school resource officer, or security personnel from |
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informal contact with a student unrelated to: |
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(1) the assigned duties of the officer or security |
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personnel; or |
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(2) an incident involving student behavior or law |
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enforcement. |
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(d-4) In determining the law enforcement duties under |
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Subsection (d), the board of trustees of the school district shall |
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coordinate with district campus behavior coordinators and other |
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district employees to ensure that school district peace officers, |
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school resource officers, and security personnel are tasked only |
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with duties related to law enforcement intervention and not tasked |
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with behavioral or administrative duties better addressed by other |
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district employees. |
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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. |