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A BILL TO BE ENTITLED
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AN ACT
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relating to public school safety measures, access to mental health |
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professionals in public schools and during certain emergencies, |
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access to criminal history and mental health records, and access to |
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firearms; requiring a certificate for employment as a school |
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behavioral counselor; creating a criminal offense; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. PUBLIC SCHOOL SAFETY MEASURES |
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SECTION 1.01. Subchapter C, Chapter 7, Education Code, is |
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amended by adding Section 7.068 to read as follows: |
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Sec. 7.068. STUDY OF SAFETY STANDARDS FOR INSTRUCTIONAL |
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FACILITIES. (a) In this section, "instructional facility" has the |
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meaning assigned by Section 46.001. |
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(b) The commissioner shall conduct a study on building |
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standards and security for instructional facilities to ensure that |
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instructional facilities provide a safe and secure environment. |
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The commissioner shall consider methods to improve the security of |
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instructional facilities, including: |
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(1) potential use of metal detectors, deadbolts, or |
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locks for certain doors; |
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(2) methods to ensure greater control of entrances, |
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exits, and external access; |
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(3) installation of security or alarm systems in |
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instructional facilities; |
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(4) methods for the improvement, renovation, or |
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retrofitting of existing instructional facilities; and |
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(5) design and construction standards for new |
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instructional facilities. |
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(c) The study shall include specific recommendations for |
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building standards and security improvements for school districts |
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classified by the agency into the following community types: |
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(1) major urban; |
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(2) major suburban; |
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(3) other central city; |
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(4) other central city suburban; |
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(5) independent town; |
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(6) non-metropolitan: fast growing; |
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(7) non-metropolitan: stable; |
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(8) rural; and |
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(9) charter school districts. |
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(d) In conducting the study, the commissioner shall consult |
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with the Texas School Safety Center and any other experts in school |
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safety and security or the design of instructional facilities |
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determined by the commissioner to be appropriate. |
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(e) Not later than December 1, 2020, the commissioner shall |
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submit to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and each legislative standing committee |
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with primary jurisdiction over public education the results of the |
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study and recommendations for legislative or other action. |
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(f) This section expires December 1, 2021. |
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SECTION 1.02. Section 12.104, Education Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) The governing body of an open-enrollment charter |
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school may: |
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(1) commission peace officers and employ security |
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personnel in the same manner as a board of trustees of a school |
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district under Sections 37.081 and 37.08101; and |
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(2) enter into a memorandum of understanding with a |
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local law enforcement agency to assign a school resource officer, |
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as that term is defined by Section 1701.601, Occupations Code, to |
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the school. |
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(a-2) A reference in law to a peace officer commissioned |
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under Section 37.081 includes a peace officer commissioned by the |
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governing body of an open-enrollment charter school in accordance |
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with Subsection (a-1), and a charter school peace officer has the |
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same powers, duties, and immunities as a peace officer commissioned |
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under that section. |
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SECTION 1.03. Section 12.104(b), Education Code, as amended |
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by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), |
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Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
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and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; [and] |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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[and] |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(S) [(P)] a parent's right to information |
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regarding the provision of assistance for learning difficulties to |
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the parent's child as provided by Sections 26.004(b)(11) and |
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26.0081(c) and (d); and |
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(T) school safety requirements under Sections |
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37.108, 37.1082, 37.109, and 37.207. |
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SECTION 1.04. Section 30.052(l), Education Code, is amended |
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to 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 and may commission peace officers in the |
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same manner as a board of trustees of a school district under |
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Sections [Section] 37.081 and 37.08101. |
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SECTION 1.05. Section 37.006, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A student shall be removed from class and placed in a |
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disciplinary alternative education program as provided by Section |
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37.008 if the student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; or |
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(2) commits the following on or within 300 feet of |
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school property, as measured from any point on the school's real |
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property boundary line, or while attending a school-sponsored or |
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school-related activity on or off of school property: |
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(A) engages in conduct punishable as a felony; |
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(B) engages in conduct that contains the elements |
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of the offense of assault under Section 22.01(a)(1), Penal Code, |
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against a person other than a person described in Paragraph (B-1); |
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(B-1) except as provided by Subsection (a-1), |
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engages in conduct that contains the elements of the offense of |
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assault under Section 22.01(a)(1), (2), or (3), Penal Code, against |
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a school district employee or a volunteer as defined by Section |
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22.053; |
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(C) sells, gives, or delivers to another person |
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or possesses or uses or is under the influence of: |
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(i) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; or |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; |
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(D) sells, gives, or delivers to another person |
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an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code, commits a serious act or offense while under the |
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influence of alcohol, or possesses, uses, or is under the influence |
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of an alcoholic beverage; |
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(E) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.034, Health and Safety Code; or |
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(F) engages in conduct that contains the elements |
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of the offense of public lewdness under Section 21.07, Penal Code, |
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or indecent exposure under Section 21.08, Penal Code. |
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(a-1) If a principal or other appropriate administrator, |
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including a campus behavior coordinator, determines that |
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extraordinary circumstances apply, the principal or administrator |
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is not required to place a student in a disciplinary alternative |
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education program for conduct described by Subsection (a)(2)(B-1). |
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SECTION 1.06. Section 37.0081(a), Education Code, is |
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amended to read as follows: |
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(a) Subject to Subsection (h), but notwithstanding any |
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other provision of this subchapter, the board of trustees of a |
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school district, or the board's designee, after an opportunity for |
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a hearing may expel a student and elect to place the student in an |
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alternative setting as provided by Subsection (a-1) if: |
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(1) the student: |
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(A) has received deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as: |
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(i) a felony offense in Title 5, Penal Code, |
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or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; |
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(B) has been found by a court or jury to have |
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engaged in delinquent conduct under Section 54.03, Family Code, for |
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conduct defined as: |
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(i) a felony offense in Title 5, Penal Code, |
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or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; |
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(C) is charged with engaging in conduct defined |
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as: |
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(i) a felony offense in Title 5, Penal Code, |
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or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; |
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(D) has been referred to a juvenile court for |
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allegedly engaging in delinquent conduct under Section 54.03, |
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Family Code, for conduct defined as: |
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(i) a felony offense in Title 5, Penal Code, |
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or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; |
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(E) has received probation or deferred |
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adjudication for: |
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(i) a felony offense under Title 5, Penal |
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Code, or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; |
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(F) has been convicted of: |
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(i) a felony offense under Title 5, Penal |
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Code, or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; or |
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(G) has been arrested for or charged with: |
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(i) a felony offense under Title 5, Penal |
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Code, or Chapter 46, Penal Code; or |
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(ii) an [the felony] offense [of aggravated
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robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code, |
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or Chapter 71, Penal Code; and |
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(2) the board or the board's designee determines that |
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the student's presence in the regular classroom: |
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(A) threatens the safety of other students or |
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teachers; |
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(B) will be detrimental to the educational |
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process; or |
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(C) is not in the best interests of the |
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district's students. |
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SECTION 1.07. Section 37.009, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) If a student is placed in a disciplinary alternative |
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education program, a school district shall conduct a behavioral |
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threat assessment of the student if the campus behavior coordinator |
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or other appropriate administrator or the student's parent or |
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guardian considers an assessment of the student to be necessary. |
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SECTION 1.08. The heading to Section 37.081, Education |
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Code, is amended to read as follows: |
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Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS [AND SECURITY
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PERSONNEL]. |
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SECTION 1.09. Section 37.081(a), Education Code, is amended |
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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 and may] commission peace officers to carry out |
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this subchapter. [If a board of trustees authorizes a person
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employed as security personnel to carry a weapon, the person must be
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a commissioned peace officer.] The jurisdiction of a peace officer |
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[or security personnel] under this section shall be determined by |
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the board of trustees and may include all territory in the |
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boundaries of the school district and all property outside the |
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boundaries of the district that is owned, leased, or rented by or |
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otherwise under the control of the school district and the board of |
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trustees that employ the peace officer [or security personnel]. |
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SECTION 1.10. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.08101 to read as follows: |
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Sec. 37.08101. SCHOOL DISTRICT SECURITY PERSONNEL. (a) In |
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this section: |
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(1) "Retired peace officer" has the meaning assigned |
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by Section 1701.3161, Occupations Code. |
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(2) "Veteran" has the meaning assigned by Section |
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434.022, Government Code. |
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(b) The board of trustees of a school district may employ |
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security personnel to provide security services in the district and |
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to carry out this subchapter. |
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(c) In employing security personnel under this section, the |
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board of trustees of a school district shall give preference to a |
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person who is: |
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(1) a commissioned peace officer; |
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(2) a retired peace officer; or |
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(3) a veteran. |
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(d) The board of trustees of a school district may not |
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authorize a person employed as security personnel to carry a weapon |
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unless that person is: |
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(1) a commissioned peace officer; |
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(2) a retired peace officer; or |
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(3) a veteran who has been issued a certificate of |
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completion for the school security personnel training under Section |
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1701.269, Occupations Code. |
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(e) The board of trustees of a school district shall |
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determine the jurisdiction of security personnel employed under |
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this section, which may include all territory in the boundaries of |
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the district and all property outside the boundaries of the |
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district that is owned, leased, or rented by or otherwise under the |
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control of the district and the board of trustees that employ the |
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security personnel. |
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SECTION 1.11. Sections 37.0811(a), (d), and (e), Education |
|
Code, are amended to read as follows: |
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(a) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may appoint not |
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more than the greater of: |
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(1) one school marshal per 100 [200] students in |
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average daily attendance per campus; or |
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(2) for each campus, one school marshal per building |
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of the campus at which students regularly receive classroom |
|
instruction. |
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(d) Any written regulations adopted for purposes of |
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Subsection (c) must provide that a [school marshal may carry a
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concealed handgun as described by Subsection (c), except that if
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the primary duty of the school marshal involves regular, direct
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contact with students, the marshal may not carry a concealed
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handgun but may possess a handgun on the physical premises of a
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school in a locked and secured safe within the marshal's immediate
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reach when conducting the marshal's primary duty.
The written
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regulations must also require that a] handgun carried or possessed |
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by [or within access of] a school marshal may be loaded only with |
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frangible duty ammunition approved for that purpose by the Texas |
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Commission on Law Enforcement. |
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(e) A school marshal may use [access] a handgun the school |
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marshal is authorized to carry or possess under this section only |
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under circumstances that would justify the use of deadly force |
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under Section 9.32 or 9.33, Penal Code. |
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SECTION 1.12. Sections 37.0813(a), (d), and (e), Education |
|
Code, are amended to read as follows: |
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(a) The governing body of a private school may appoint not |
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more than the greater of: |
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(1) one school marshal per 100 [200] students enrolled |
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in the school; or |
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(2) one school marshal per building of the school at |
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which students regularly receive classroom instruction. |
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(d) Any written regulations adopted for purposes of |
|
Subsection (c) must provide that a [school marshal may carry a
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concealed handgun as described by Subsection (c), except that if
|
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the primary duty of the school marshal involves regular, direct
|
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contact with students in a classroom setting, the marshal may not
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carry a concealed handgun but may possess a handgun on the physical
|
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premises of a school in a locked and secured safe within the
|
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marshal's immediate reach when conducting the marshal's primary
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duty.
The written regulations must also require that a] handgun |
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carried or possessed by [or within access of] a school marshal may |
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be loaded only with frangible duty ammunition approved for that |
|
purpose by the Texas Commission on Law Enforcement. |
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(e) A school marshal may use [access] a handgun the school |
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marshal is authorized to carry or possess under this section only |
|
under circumstances that would justify the use of deadly force |
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under Section 9.32 or 9.33, Penal Code. |
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SECTION 1.13. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.086 to read as follows: |
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Sec. 37.086. LAW ENFORCEMENT AND CAMPUS AGREEMENT. (a) A |
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school district or open-enrollment charter school may adopt a law |
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enforcement and campus agreement to encourage the on-campus |
|
presence of peace officers by: |
|
(1) requesting local law enforcement agencies to |
|
include campus school grounds in regular patrols conducted by peace |
|
officers; and |
|
(2) allowing peace officers to use campus facilities |
|
to: |
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(A) complete clerical law enforcement |
|
activities, including the filing of police reports; and |
|
(B) take meal and rest breaks. |
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(b) A school district or open-enrollment charter school |
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that adopts an agreement under this section may provide office |
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space for the regular use of a state or local law enforcement agency |
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official. |
|
(c) The commissioner may, from funds appropriated to the |
|
agency for that purpose, provide a matching grant not to exceed |
|
$10,000 to a school district or open-enrollment charter school for |
|
the purpose of acquiring federal funding with a matching funds |
|
requirement to defray costs incurred in the implementation of an |
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agreement described by this section. |
|
SECTION 1.14. Section 37.108, Education Code, is amended by |
|
amending Subsection (c) and adding Subsection (f) to read as |
|
follows: |
|
(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. A school district shall also report the |
|
results to the agency in accordance with Section 37.1082. |
|
(f) A school district shall include in its multihazard |
|
emergency operations plan a policy regarding: |
|
(1) required training for persons who provide security |
|
services at the district, including a person employed as security |
|
personnel by the district and a person appointed as a school marshal |
|
by the district; and |
|
(2) the role of a person described by Subdivision (1) |
|
in responding to an emergency in a district facility. |
|
SECTION 1.15. Subchapter D, Chapter 37, Education Code, is |
|
amended by adding Section 37.1082 to read as follows: |
|
Sec. 37.1082. AGENCY DUTIES REGARDING SCHOOL SAFETY |
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MEASURES. (a) The agency shall adopt a three-year cycle for the |
|
agency's review of school district safety and security audits |
|
conducted under Section 37.108(b). |
|
(b) A school district shall: |
|
(1) submit the results of the district's safety and |
|
security audit to the agency in accordance with the cycle adopted |
|
under Subsection (a); and |
|
(2) provide any information required by the agency in |
|
connection with the agency's review of the audit, including: |
|
(A) the name of each individual on the district's |
|
school safety and security committee established under Section |
|
37.109; and |
|
(B) the date of each committee meeting during the |
|
preceding year. |
|
(c) The Texas School Safety Center shall participate in the |
|
agency's review of school district safety and security audits and |
|
may provide a recommendation to the agency based on the results of |
|
an audit. |
|
(d) Regardless of whether the Texas School Safety Center |
|
provides a recommendation under Subsection (c) and regardless of |
|
the content of any recommendation provided, the agency shall make |
|
an independent final determination of whether the results of a |
|
school district's safety and security audit comply with applicable |
|
standards. |
|
(e) If the agency makes a determination under Subsection (d) |
|
that the results of a school district's safety and security audit do |
|
not comply with applicable standards, the agency and the Texas |
|
School Safety Center shall assist the district in improving the |
|
district's safety and security measures in a manner that will |
|
result in an improvement in the district's safety and security |
|
audit. |
|
(f) A school district, after receiving assistance from the |
|
agency and the Texas School Safety Center under Subsection (e), |
|
shall conduct a new safety and security audit and resubmit the |
|
results of the audit to the agency for review. |
|
(g) The commissioner may adopt rules necessary to implement |
|
this section. |
|
SECTION 1.16. Section 37.109, Education Code, is amended by |
|
adding Subsections (a-1), (c), (d), and (e) 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 municipality 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) before the beginning of the school year and once |
|
during the spring semester, meet with the district's board of |
|
trustees to provide updates and recommendations regarding the |
|
district's multihazard emergency operations plan required by |
|
Section 37.108(a); |
|
(3) report to the district's board of trustees the best |
|
methods to provide 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; |
|
(4) 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] |
|
(5) [(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 |
|
(6) consult with local law enforcement agencies on |
|
methods to increase law enforcement presence near district |
|
campuses. |
|
(c) A meeting required under Subsection (b)(2) must: |
|
(1) include discussions on recommended facility |
|
improvements and emergency operations planning developments; and |
|
(2) be open to parents, students, teachers, and |
|
community members and allow those individuals to comment on |
|
discussions and statements made during the meeting regarding the |
|
district's multihazard emergency operations plan. |
|
(d) Subsection (c)(2) does not require a district to make |
|
publicly available the district's multihazard emergency operations |
|
plan required by Section 37.108. |
|
(e) 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 |
|
once every four months. |
|
SECTION 1.17. Subchapter G, Chapter 37, Education Code, is |
|
amended by adding Sections 37.2051 and 37.2052 to read as follows: |
|
Sec. 37.2051. BEHAVIORAL THREAT ASSESSMENT TRAINING. (a) |
|
The center shall conduct for school districts behavioral threat |
|
assessment training to provide school personnel with the skills to |
|
appropriately assess threats and identify proper interventions for |
|
students. |
|
(b) The training provided under this section must |
|
incorporate a threat assessment model that provides information |
|
regarding the operation of school threat assessment teams composed |
|
of school personnel, law enforcement professionals, mental health |
|
professionals, and community members. |
|
(c) The center may partner with an organization to provide |
|
the training under this section to school districts at no cost to |
|
the districts. |
|
Sec. 37.2052. TRAINING FOR SCHOOL MARSHALS AND SECURITY |
|
PERSONNEL. (a) The center shall provide a course of instruction |
|
regarding: |
|
(1) methods to improve school safety; and |
|
(2) the use of law enforcement tactics to provide |
|
security services at a school, including: |
|
(A) the standard response protocol; and |
|
(B) the standard reunification method. |
|
(b) A person employed as security personnel or appointed as |
|
a school marshal by the board of trustees of a school district or |
|
the governing body of an open-enrollment charter school must |
|
complete the course of instruction provided under this section at |
|
least once every five years. |
|
SECTION 1.18. Sections 51.220(e) and (f), Education Code, |
|
are amended to read as follows: |
|
(e) Any written regulations adopted for purposes of |
|
Subsection (d) must provide that a [school marshal may carry a
|
|
concealed handgun as described by Subsection (d), except that if
|
|
the primary duty of the school marshal involves regular, direct
|
|
contact with students, the marshal may not carry a concealed
|
|
handgun but may possess a handgun on the physical premises of a
|
|
public junior college campus in a locked and secured safe within the
|
|
marshal's immediate reach when conducting the marshal's primary
|
|
duty. The written regulations must also require that a] handgun |
|
carried or possessed by [or within access of] a school marshal may |
|
be loaded only with frangible duty ammunition approved for that |
|
purpose by the Texas Commission on Law Enforcement. |
|
(f) A school marshal may use [access] a handgun the school |
|
marshal is authorized to carry or possess under this section only |
|
under circumstances that would justify the use of deadly force |
|
under Section 9.32 or 9.33, Penal Code. |
|
SECTION 1.19. Article 15.27(h), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(h) This article applies to any felony offense and the |
|
following misdemeanors: |
|
(1) an offense under Section 20.02, 21.08, 22.01, |
|
22.05, 22.07, 42.09, 42.092, [or] 71.02, or 71.021, Penal Code; |
|
(2) the unlawful use, sale, or possession of a |
|
controlled substance, drug paraphernalia, or marihuana, as defined |
|
by Chapter 481, Health and Safety Code; or |
|
(3) the unlawful possession of any of the weapons or |
|
devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a |
|
weapon listed as a prohibited weapon under Section 46.05, Penal |
|
Code. |
|
SECTION 1.20. Section 1701.260(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) The training program shall include at least 50 hours and |
|
not more than 80 hours of instruction designed to: |
|
(1) emphasize strategies for preventing school |
|
shootings and for securing the safety of potential victims of |
|
school shootings; |
|
(2) educate a trainee about legal issues relating to |
|
the duties of peace officers and the use of force or deadly force in |
|
the protection of others; |
|
(3) introduce the trainee to effective law enforcement |
|
strategies and techniques; |
|
(4) improve the trainee's proficiency with a handgun; |
|
and |
|
(5) enable the trainee to respond to an emergency |
|
situation requiring deadly force, such as a situation involving an |
|
active shooter. |
|
SECTION 1.21. Subchapter F, Chapter 1701, Occupations Code, |
|
is amended by adding Sections 1701.2601 and 1701.269 to read as |
|
follows: |
|
Sec. 1701.2601. SCHOOL MARSHAL TRAINING STUDY. (a) The |
|
commission shall conduct a study regarding changes to be made to the |
|
training provided under Section 1701.260 to make that training a |
|
streamlined course of instruction for school marshals that includes |
|
training in the use of firearms. In conducting the study, the |
|
commission shall solicit input from stakeholders. |
|
(b) Not later than August 31, 2020, the commission shall: |
|
(1) amend the training provided under Section 1701.260 |
|
to incorporate any commission-approved changes developed in the |
|
study; and |
|
(2) submit a report detailing the results of the study |
|
to the governor and to the standing committees of the legislature |
|
with jurisdiction over issues involving law enforcement and school |
|
safety. |
|
(c) This section expires September 1, 2020. |
|
Sec. 1701.269. TRAINING PROGRAM FOR VETERANS TO SERVE AS |
|
SCHOOL SECURITY PERSONNEL. (a) The commission shall provide a |
|
course of instruction regarding school security to a person who is: |
|
(1) a veteran, as defined by Section 434.022, |
|
Government Code; and |
|
(2) employed by a school district as security |
|
personnel and authorized by the board of trustees of the district to |
|
carry a weapon. |
|
(b) The course of instruction provided under this section |
|
must be tailored to each individual who takes the course according |
|
to that individual's background. |
|
(c) The commission shall issue a certificate to each veteran |
|
who completes the training program under this section. |
|
SECTION 1.22. Not later than January 1, 2020, the Texas |
|
Commission on Law Enforcement shall develop a training program for |
|
veterans who serve as school security personnel, as provided by |
|
Section 1701.269, Occupations Code, as added by this Act. A school |
|
district may not authorize a veteran to carry a weapon until the |
|
veteran has completed the training program. |
|
SECTION 1.23. Not later than January 1, 2020, the Texas |
|
School Safety Center shall make available the course of instruction |
|
for school marshals and school security personnel required by |
|
Section 37.2052, Education Code, as added by this article. |
|
ARTICLE 2. SCHOOL COUNSELORS AND BEHAVIORAL HEALTH PROFESSIONALS |
|
SECTION 2.01. Section 7.040(b), Education Code, is amended |
|
to read as follows: |
|
(b) The agency shall collaborate with the Texas Higher |
|
Education Coordinating Board and the Texas Workforce Commission to |
|
obtain the information required under Subsection (a). The agency |
|
shall incorporate the use of existing materials and develop new |
|
materials to be provided to school academic counselors, students, |
|
and parents regarding institutions of higher education. |
|
SECTION 2.02. Section 7.055(b)(18), Education Code, is |
|
amended to read as follows: |
|
(18) The commissioner shall adopt a recommended |
|
appraisal process and criteria on which to appraise the performance |
|
of teachers, a recommended appraisal process and criteria on which |
|
to appraise the performance of administrators, and [a] job |
|
descriptions [description] and evaluation forms [form] for use in |
|
evaluating school academic counselors and school behavioral |
|
counselors, as provided by Subchapter H, Chapter 21. |
|
SECTION 2.03. 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 academic 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. |
|
SECTION 2.04. Subchapter B, Chapter 21, Education Code, is |
|
amended by adding Section 21.0411 to read as follows: |
|
Sec. 21.0411. CLASSES OF EDUCATOR CERTIFICATE FOR PUBLIC |
|
SCHOOL COUNSELORS: SCHOOL ACADEMIC COUNSELOR AND SCHOOL BEHAVIORAL |
|
COUNSELOR. (a) In proposing rules under Section 21.041(b), the |
|
board shall specify a class of educator certificate for public |
|
school counselors that qualifies the educator for employment at a |
|
public school in accordance with Section 33.001 as: |
|
(1) a school academic counselor; and |
|
(2) a school behavioral counselor. |
|
(b) In proposing rules under Section 21.044, the board shall |
|
specify that a candidate to obtain an educator certificate as a |
|
school behavioral counselor must be: |
|
(1) a licensed specialist in school psychology |
|
licensed under Chapter 501, Occupations Code; |
|
(2) a licensed professional counselor licensed under |
|
Chapter 503, Occupations Code; or |
|
(3) a licensed clinical social worker licensed under |
|
Chapter 505, Occupations Code. |
|
(c) Not later than January 1, 2020, the board shall propose |
|
all necessary rules to implement this section, including rules |
|
providing for certifying as a school behavioral counselor an |
|
educator who: |
|
(1) is certified as a school counselor before the |
|
effective date of rules providing for certifying a school |
|
behavioral counselor; and |
|
(2) meets the requirements for certification as a |
|
school behavioral counselor. |
|
(d) Subsection (c) and this subsection expire September 1, |
|
2021. |
|
SECTION 2.05. Section 21.054(f), Education Code, is amended |
|
to read as follows: |
|
(f) Continuing education requirements for a school academic |
|
counselor must provide that not more than 25 percent of training |
|
required every five years include instruction regarding: |
|
(1) assisting students in developing high school |
|
graduation plans; |
|
(2) implementing dropout prevention strategies; and |
|
(3) informing students concerning: |
|
(A) college admissions, including college |
|
financial aid resources and application procedures; and |
|
(B) career opportunities. |
|
SECTION 2.06. Section 21.356, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.356. EVALUATION OF SCHOOL COUNSELORS. (a) The |
|
commissioner shall develop and periodically update a job |
|
description and an evaluation form for use by school districts in |
|
evaluating school academic counselors. The commissioner shall |
|
consult with state guidance counselor associations in the |
|
development and modification of the job description and the |
|
evaluation form for school academic counselors. |
|
(b) The commissioner shall develop and periodically update |
|
a job description and evaluation form for use by school districts in |
|
evaluating school behavioral counselors. The commissioner shall |
|
consult with state guidance counselor associations and appropriate |
|
licensing agencies or bodies under Chapters 501, 503, and 505, |
|
Occupations Code, in the development and modification of the job |
|
description and the evaluation form for school behavioral |
|
counselors. |
|
SECTION 2.07. Section 28.0212(a), Education Code, is |
|
amended to read as follows: |
|
(a) A principal of a junior high or middle school shall |
|
designate a school academic counselor, teacher, or other |
|
appropriate individual to develop and administer a personal |
|
graduation plan for each student enrolled in the junior high or |
|
middle school who: |
|
(1) does not perform satisfactorily on an assessment |
|
instrument administered under Subchapter B, Chapter 39; or |
|
(2) is not likely to receive a high school diploma |
|
before the fifth school year following the student's enrollment in |
|
grade level nine, as determined by the district. |
|
SECTION 2.08. Section 28.02121(c), Education Code, is |
|
amended to read as follows: |
|
(c) A principal of a high school shall designate a school |
|
academic counselor or school administrator to review personal |
|
graduation plan options with each student entering grade nine |
|
together with that student's parent or guardian. The personal |
|
graduation plan options reviewed must include the distinguished |
|
level of achievement described by Section 28.025(b-15) and the |
|
endorsements described by Section 28.025(c-1). Before the |
|
conclusion of the school year, the student and the student's parent |
|
or guardian must confirm and sign a personal graduation plan for the |
|
student. |
|
SECTION 2.09. Section 28.025(b), Education Code, is amended |
|
to read as follows: |
|
(b) A school district shall ensure that each student, on |
|
entering ninth grade, indicates in writing an endorsement under |
|
Subsection (c-1) that the student intends to earn. A district shall |
|
permit a student to choose, at any time, to earn an endorsement |
|
other than the endorsement the student previously indicated. A |
|
student may graduate under the foundation high school program |
|
without earning an endorsement if, after the student's sophomore |
|
year: |
|
(1) the student and the student's parent or person |
|
standing in parental relation to the student are advised by a school |
|
academic counselor of the specific benefits of graduating from high |
|
school with one or more endorsements; and |
|
(2) the student's parent or person standing in |
|
parental relation to the student files with a school academic |
|
counselor written permission, on a form adopted by the agency, |
|
allowing the student to graduate under the foundation high school |
|
program without earning an endorsement. |
|
SECTION 2.10. Section 28.0253(b), Education Code, is |
|
amended to read as follows: |
|
(b) A research university that chooses to participate in the |
|
pilot program shall: |
|
(1) not later than September 1 of each year, make |
|
available on the university's Internet website detailed standards |
|
for use in the program regarding: |
|
(A) the specific competencies that demonstrate a |
|
student's mastery of each subject area for which the Texas Higher |
|
Education Coordinating Board and the commissioner have adopted |
|
college readiness standards; |
|
(B) the specific competencies that demonstrate a |
|
student's mastery of a language other than English; and |
|
(C) acceptable assessments or other means by |
|
which a student may demonstrate the student's early readiness for |
|
college with respect to each subject area and the language |
|
described by this subdivision, subject to Subsection (c); |
|
(2) partner with at least 10 school districts that |
|
reflect the geographic diversity of this state and the student |
|
compositions of which reflect the socioeconomic diversity of this |
|
state; and |
|
(3) assist school administrators, school academic |
|
counselors, and other educators in each of those school districts |
|
in designing the specific requirements of and implementing the |
|
program in the district. |
|
SECTION 2.11. Section 28.026, Education Code, is amended to |
|
read as follows: |
|
Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE |
|
ADMISSION AND FINANCIAL AID. (a) The board of trustees of a school |
|
district and the governing body of each open-enrollment charter |
|
school that provides a high school shall require each high school in |
|
the district or provided by the charter school, as applicable, to |
|
post appropriate signs in each school academic counselor's office, |
|
in each principal's office, and in each administrative building |
|
indicating the substance of Section 51.803 regarding automatic |
|
college admission and stating the curriculum requirements for |
|
financial aid authorized under Title 3. To assist in the |
|
dissemination of that information, the district or charter school |
|
shall: |
|
(1) require that each school academic counselor and |
|
class advisor at a high school be provided a detailed explanation of |
|
the substance of Section 51.803 and the curriculum requirements for |
|
financial aid authorized under Title 3; |
|
(2) provide each district or school student, at the |
|
time the student first registers for one or more classes required |
|
for high school graduation, with a written notification, including |
|
a detailed explanation in plain language, of the substance of |
|
Section 51.803, the curriculum requirements for financial aid |
|
authorized under Title 3, and the benefits of completing the |
|
requirements for that automatic admission and financial aid; |
|
(3) require that each school academic counselor and |
|
senior class advisor at a high school explain to eligible students |
|
the substance of Section 51.803; and |
|
(4) not later than the 14th day after the last day of |
|
classes for the fall semester or an equivalent date in the case of a |
|
school operated on a year-round system under Section 25.084, |
|
provide each senior student eligible under Section 51.803 and each |
|
student enrolled in the junior year of high school who has a grade |
|
point average in the top 10 percent of the student's high school |
|
class, and the student's parent or guardian, with a written |
|
notification of the student's eligibility with a detailed |
|
explanation in plain language of the substance of Section 51.803. |
|
(b) The commissioner shall adopt forms, including specific |
|
language, to use in providing notice under Subsections (a)(2) and |
|
(4). In providing notice under Subsection (a)(2) or (4), a school |
|
district or open-enrollment charter school shall use the |
|
appropriate form adopted by the commissioner. The notice to a |
|
student and the student's parent or guardian under Subsections |
|
(a)(2) and (4) must be on a single form that contains signature |
|
lines to indicate receipt of notice by the student and the student's |
|
parent or guardian. The notice under Subsection (a)(2) must be |
|
signed by the student's school academic counselor in addition to |
|
being signed by the student and the student's parent or guardian. |
|
SECTION 2.12. Section 28.054(b), Education Code, is amended |
|
to read as follows: |
|
(b) To obtain a subsidy under this section, a student must: |
|
(1) pay the fee for each test or examination for which |
|
the student seeks a subsidy; and |
|
(2) submit to the board through the student's school |
|
academic counselor a written application on a form prescribed by |
|
the commissioner demonstrating financial need and the amount of the |
|
fee paid by the student for each test or examination. |
|
SECTION 2.13. Section 29.082(e), Education Code, is amended |
|
to read as follows: |
|
(e) A student who attends at least 90 percent of the program |
|
days of a program under this section and who satisfies the |
|
requirements for promotion prescribed by Section 28.021 shall be |
|
promoted to the next grade level at the beginning of the next school |
|
year unless a parent of the student presents a written request to |
|
the school principal that the student not be promoted to the next |
|
grade level. As soon as practicable after receiving the request |
|
from a parent, the principal shall hold a formal meeting with the |
|
student's parent, extended year program teacher, [and] school |
|
academic counselor, and school behavioral counselor if a school |
|
behavioral counselor is employed by the district. During the |
|
meeting, the principal, the teacher, or a school counselor shall |
|
explain the longitudinal statistics on the academic performance of |
|
students who are not promoted to the next grade level and provide |
|
information on the effect of retention on a student's self-esteem |
|
and on the likelihood of a student dropping out of school. After |
|
the meeting, the parent may withdraw the request that the student |
|
not be promoted to the next grade level. If the parent of a student |
|
eligible for promotion under this subsection withdraws the request, |
|
the student shall be promoted. If a student is promoted under this |
|
subsection, the school district shall continue to use innovative |
|
practices to ensure that the student is successful in school in |
|
succeeding years. |
|
SECTION 2.14. Section 29.911(b), Education Code, is amended |
|
to read as follows: |
|
(b) During the designated week, each middle school, junior |
|
high school, and high school shall provide students with |
|
comprehensive grade-appropriate information regarding the pursuit |
|
of higher education. The information provided must include |
|
information regarding: |
|
(1) higher education options available to students; |
|
(2) standard admission requirements for institutions |
|
of higher education, including: |
|
(A) overall high school grade point average; |
|
(B) required curriculum; |
|
(C) college readiness standards and expectations |
|
as determined under Section 28.008; and |
|
(D) scores necessary on generally recognized |
|
tests or assessment instruments used in admissions determinations, |
|
including the Scholastic Assessment Test and the American College |
|
Test; |
|
(3) automatic admission of certain students to general |
|
academic teaching institutions as provided by Section 51.803; and |
|
(4) financial aid availability and requirements, |
|
including the financial aid information provided by school academic |
|
counselors under Section 33.007(b). |
|
SECTION 2.15. Subchapter A, Chapter 33, Education Code, is |
|
amended by adding Section 33.001 to read as follows: |
|
Sec. 33.001. EMPLOYMENT OF PUBLIC SCHOOL COUNSELORS: SCHOOL |
|
ACADEMIC COUNSELORS AND SCHOOL BEHAVIORAL COUNSELORS. (a) A |
|
school district may employ as a school academic counselor an |
|
educator who is certified under Subchapter B, Chapter 21, as a |
|
school academic counselor or a school behavioral counselor. A |
|
school academic counselor shall: |
|
(1) provide guidance and counseling services to |
|
students regarding academic development and achievement; and |
|
(2) administer developmental guidance and counseling |
|
programs in the district. |
|
(b) A school district may only employ as a school behavioral |
|
counselor an educator certified under Subchapter B, Chapter 21, as |
|
a school behavioral counselor. A school behavioral counselor |
|
shall: |
|
(1) provide behavioral health counseling services to |
|
students; and |
|
(2) administer behavioral health counseling programs |
|
in the district. |
|
(c) If a school district employs an educator as a school |
|
behavioral counselor, the district must also employ at least one |
|
educator as a school academic counselor. An educator employed by a |
|
district as a school behavioral counselor may not be required by the |
|
district to also fulfill the role of a school academic counselor or, |
|
except as provided by Section 33.006(c), otherwise be assigned a |
|
duty imposed under this title on a school academic counselor. |
|
(d) A reference in this title to: |
|
(1) a "counselor," "school counselor," or "public |
|
school counselor" refers to an appropriately certified educator |
|
employed as: |
|
(A) a school academic counselor; or |
|
(B) a school behavioral counselor; |
|
(2) a "school academic counselor" refers to an |
|
appropriately certified educator employed as a school academic |
|
counselor; and |
|
(3) a "school behavioral counselor" refers to an |
|
appropriately certified educator employed as a school behavioral |
|
counselor. |
|
SECTION 2.16. Section 33.002, Education Code, is amended to |
|
read as follows: |
|
Sec. 33.002. [CERTIFIED] SCHOOL ACADEMIC COUNSELOR |
|
REQUIREMENT. (a) From funds appropriated for the purpose or other |
|
funds that may be used for the purpose, the commissioner shall |
|
distribute funds for programs under this subchapter. In |
|
distributing those funds, the commissioner shall give preference to |
|
a school district that received funds under this subsection for the |
|
preceding school year and then to the districts that have the |
|
highest concentration of students at risk of dropping out of |
|
school, as described by Section 29.081. To receive funds for the |
|
program, a school district must apply to the commissioner. For each |
|
school year that a school district receives funds under this |
|
subsection, the district shall allocate an amount of local funds |
|
for school guidance and counseling programs that is equal to or |
|
greater than the amount of local funds that the school district |
|
allocated for that purpose during the preceding school year. This |
|
section applies only to a school district that receives funds as |
|
provided by this subsection. |
|
(b) A school district with 500 or more students enrolled in |
|
elementary school grades shall employ a school academic counselor |
|
certified under the rules of the State Board for Educator |
|
Certification for each elementary school in the district. A school |
|
district shall employ at least one school academic counselor for |
|
every 500 elementary school students in the district. |
|
(c) A school district with fewer than 500 students enrolled |
|
in elementary school grades shall provide guidance and counseling |
|
services to elementary school students by: |
|
(1) employing a part-time school academic counselor |
|
certified under the rules of the State Board for Educator |
|
Certification; |
|
(2) employing a part-time teacher certified as a |
|
school academic counselor under the rules of the State Board for |
|
Educator Certification; or |
|
(3) entering into a shared services arrangement |
|
agreement with one or more school districts to share a school |
|
academic counselor certified under the rules of the State Board for |
|
Educator Certification. |
|
SECTION 2.17. Section 33.005, Education Code, is amended to |
|
read as follows: |
|
Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING |
|
PROGRAMS. A school academic counselor shall work with the school |
|
faculty and staff, students, parents, and the community to plan, |
|
implement, and evaluate a developmental guidance and counseling |
|
program. The school academic counselor shall design the program to |
|
include: |
|
(1) a guidance curriculum to help students develop |
|
their full educational potential, including the student's |
|
interests and career objectives; |
|
(2) a responsive services component to intervene on |
|
behalf of any student whose immediate personal concerns or problems |
|
put the student's continued educational, career, personal, or |
|
social development at risk; |
|
(3) an individual planning system to guide a student |
|
as the student plans, monitors, and manages the student's own |
|
educational, career, personal, and social development; and |
|
(4) system support to support the efforts of teachers, |
|
staff, parents, and other members of the community in promoting the |
|
educational, career, personal, and social development of students. |
|
SECTION 2.18. Section 33.006, Education Code, is amended to |
|
read as follows: |
|
Sec. 33.006. SCHOOL ACADEMIC COUNSELORS; GENERAL DUTIES. |
|
(a) The primary responsibility of a school academic counselor is to |
|
counsel students to fully develop each student's academic, career, |
|
personal, and social abilities. |
|
(b) In addition to a school academic counselor's |
|
responsibility under Subsection (a), the school academic counselor |
|
shall: |
|
(1) participate in planning, implementing, and |
|
evaluating a comprehensive developmental guidance program to serve |
|
all students and to address the special needs of students: |
|
(A) who are at risk of dropping out of school, |
|
becoming substance abusers, participating in gang activity, or |
|
committing suicide; |
|
(B) who are in need of modified instructional |
|
strategies; or |
|
(C) who are gifted and talented, with emphasis on |
|
identifying and serving gifted and talented students who are |
|
educationally disadvantaged; |
|
(2) consult with a student's parent or guardian and |
|
make referrals as appropriate in consultation with the student's |
|
parent or guardian; |
|
(3) consult with school staff, parents, and other |
|
community members to help them increase the effectiveness of |
|
student education and promote student success; |
|
(4) coordinate people and resources in the school, |
|
home, and community; |
|
(5) with the assistance of school staff, interpret |
|
standardized test results and other assessment data that help a |
|
student make educational and career plans; |
|
(6) deliver classroom guidance activities or serve as |
|
a consultant to teachers conducting lessons based on the school's |
|
guidance curriculum; and |
|
(7) except as provided by Subsection (c), serve as an |
|
impartial, nonreporting resource for interpersonal conflicts and |
|
discord involving two or more students, including accusations of |
|
bullying under Section 37.0832. |
|
(c) If a school district employs a school behavioral |
|
counselor, a duty imposed on a school academic counselor relating |
|
to a student's social development or abilities, including a duty |
|
imposed under Subsection (b)(7), may be assigned to the school |
|
behavioral counselor. |
|
(d) Nothing in Subsection (b)(7) exempts a school academic |
|
counselor or school behavioral counselor from any mandatory |
|
reporting requirements imposed by other provisions of law. |
|
SECTION 2.19. Section 33.007, Education Code, is amended to |
|
read as follows: |
|
Sec. 33.007. COUNSELING REGARDING POSTSECONDARY EDUCATION. |
|
(a) Each school academic counselor at an elementary, middle, or |
|
junior high school, including an open-enrollment charter school |
|
offering those grades, shall advise students and their parents or |
|
guardians regarding the importance of postsecondary education, |
|
coursework designed to prepare students for postsecondary |
|
education, and financial aid availability and requirements. |
|
(b) During the first school year a student is enrolled in a |
|
high school or at the high school level in an open-enrollment |
|
charter school, and again during each year of a student's |
|
enrollment in high school or at the high school level, a school |
|
academic counselor shall provide information about postsecondary |
|
education to the student and the student's parent or guardian. The |
|
information must include information regarding: |
|
(1) the importance of postsecondary education; |
|
(2) the advantages of earning an endorsement and a |
|
performance acknowledgment and completing the distinguished level |
|
of achievement under the foundation high school program under |
|
Section 28.025; |
|
(3) the disadvantages of taking courses to prepare for |
|
a high school equivalency examination relative to the benefits of |
|
taking courses leading to a high school diploma; |
|
(4) financial aid eligibility; |
|
(5) instruction on how to apply for federal financial |
|
aid; |
|
(6) the center for financial aid information |
|
established under Section 61.0776; |
|
(7) the automatic admission of certain students to |
|
general academic teaching institutions as provided by Section |
|
51.803; |
|
(8) the eligibility and academic performance |
|
requirements for the TEXAS Grant as provided by Subchapter M, |
|
Chapter 56; |
|
(9) the availability of programs in the district under |
|
which a student may earn college credit, including advanced |
|
placement programs, dual credit programs, joint high school and |
|
college credit programs, and international baccalaureate programs; |
|
and |
|
(10) the availability of education and training |
|
vouchers and tuition and fee waivers to attend an institution of |
|
higher education as provided by Section 54.366 for a student who is |
|
or was previously in the conservatorship of the Department of |
|
Family and Protective Services. |
|
(b-1) When providing information under Subsection (b)(10), |
|
the school academic counselor must report to the student and the |
|
student's parent or guardian the number of times the counselor has |
|
provided the information to the student. |
|
(c) At the beginning of grades 10 and 11, a school academic |
|
counselor certified under the rules of the State Board for Educator |
|
Certification shall explain the requirements of automatic |
|
admission to a general academic teaching institution under Section |
|
51.803 to each student enrolled in a high school or at the high |
|
school level in an open-enrollment charter school who has a grade |
|
point average in the top 25 percent of the student's high school |
|
class. |
|
SECTION 2.20. Sections 33.009(b), (c), (d), (h), and (i), |
|
Education Code, are amended to read as follows: |
|
(b) The center shall develop and make available |
|
postsecondary education and career counseling academies for school |
|
academic counselors and other postsecondary advisors employed by a |
|
school district at a middle school, junior high school, or high |
|
school. |
|
(c) In developing academies under this section, the center |
|
shall solicit input from the agency, school academic counselors, |
|
the Texas Workforce Commission, institutions of higher education, |
|
and business, community, and school leaders. |
|
(d) An academy developed under this section must provide |
|
school academic counselors and other postsecondary advisors with |
|
knowledge and skills to provide counseling to students regarding |
|
postsecondary success and productive career planning and must |
|
include information relating to: |
|
(1) each endorsement described by Section |
|
28.025(c-1), including: |
|
(A) the course requirements for each |
|
endorsement; and |
|
(B) the postsecondary educational and career |
|
opportunities associated with each endorsement; |
|
(2) available methods for a student to earn credit for |
|
a course not offered at the school in which the student is enrolled, |
|
including enrollment in an electronic course provided through the |
|
state virtual school network under Chapter 30A; |
|
(3) general academic performance requirements for |
|
admission to an institution of higher education, including the |
|
requirements for automatic admission to a general academic teaching |
|
institution under Section 51.803; |
|
(4) regional workforce needs, including information |
|
about the required education and the average wage or salary for |
|
careers that meet those workforce needs; and |
|
(5) effective strategies for engaging students and |
|
parents in planning for postsecondary education and potential |
|
careers, including participation in mentorships and business |
|
partnerships. |
|
(h) From funds appropriated for that purpose, a school |
|
academic counselor who attends the academy under this section is |
|
entitled to receive a stipend in the amount determined by the |
|
center. If funds are available after all eligible school academic |
|
counselors have received a stipend under this subsection, the |
|
center shall pay a stipend in the amount determined by the center to |
|
a teacher who attends the academy under this section. A stipend |
|
received under this subsection is not considered in determining |
|
whether a district is paying the school academic counselor or |
|
teacher the minimum monthly salary under Section 21.402. |
|
(i) From available funds appropriated for purposes of this |
|
section, the center may provide to school academic counselors and |
|
other educators curricula, instructional materials, and |
|
technological tools relating to postsecondary education and career |
|
counseling. |
|
SECTION 2.21. Section 38.0041(c), Education Code, is |
|
amended to read as follows: |
|
(c) The methods under Subsection (b)(1) for increasing |
|
awareness of issues regarding sexual abuse, sex trafficking, and |
|
other maltreatment of children must include training, as provided |
|
by this subsection, concerning prevention techniques for and |
|
recognition of sexual abuse, sex trafficking, and all other |
|
maltreatment of children. The training: |
|
(1) must be provided, as part of a new employee |
|
orientation, to all new school district and open-enrollment charter |
|
school employees and to existing district and open-enrollment |
|
charter school employees on a schedule adopted by the agency by rule |
|
until all district and open-enrollment charter school employees |
|
have taken the training; and |
|
(2) must include training concerning: |
|
(A) factors indicating a child is at risk for |
|
sexual abuse, sex trafficking, or other maltreatment; |
|
(B) likely warning signs indicating a child may |
|
be a victim of sexual abuse, sex trafficking, or other |
|
maltreatment; |
|
(C) internal procedures for seeking assistance |
|
for a child who is at risk for sexual abuse, sex trafficking, or |
|
other maltreatment, including referral to a school behavioral |
|
counselor or school academic counselor, a social worker, or another |
|
mental health professional; |
|
(D) techniques for reducing a child's risk of |
|
sexual abuse, sex trafficking, or other maltreatment; and |
|
(E) community organizations that have relevant |
|
existing research-based programs that are able to provide training |
|
or other education for school district or open-enrollment charter |
|
school staff members, students, and parents. |
|
SECTION 2.22. Section 56.308(b), Education Code, is amended |
|
to read as follows: |
|
(b) Each school district shall: |
|
(1) notify its middle school students, junior high |
|
school students, and high school students, those students' teachers |
|
and school academic counselors, and those students' parents of the |
|
TEXAS grant and Teach for Texas grant programs, the eligibility |
|
requirements of each program, the need for students to make |
|
informed curriculum choices to be prepared for success beyond high |
|
school, and sources of information on higher education admissions |
|
and financial aid in a manner that assists the district in |
|
implementing a strategy adopted by the district under Section |
|
11.252(a)(4); and |
|
(2) ensure that each student's official transcript or |
|
diploma indicates whether the student has completed or is on |
|
schedule to complete: |
|
(A) the recommended or advanced high school |
|
curriculum required for grant eligibility under Section 28.002 or |
|
28.025; or |
|
(B) for a school district covered by Section |
|
56.304(f)(1), the required portion of the recommended or advanced |
|
high school curriculum in the manner described by Section |
|
56.304(f)(2). |
|
SECTION 2.23. Chapter 784, Health and Safety Code, is |
|
amended to read as follows: |
|
CHAPTER 784. CRITICAL INCIDENT STRESS MANAGEMENT AND CRISIS |
|
RESPONSE SERVICES; LOCAL EMERGENCY RESPONSE NETWORKS |
|
Sec. 784.001. DEFINITIONS. In this chapter: |
|
(1) "Behavioral health professional" means: |
|
(A) a licensed professional counselor as defined |
|
by Section 503.002, Occupations Code; |
|
(B) a person who holds a clinical social worker |
|
license or master social worker license issued under Chapter 505, |
|
Occupations Code; or |
|
(C) a psychologist who holds a license to engage |
|
in the practice of psychology issued under Section 501.252, |
|
Occupations Code. |
|
(2) "Commission" means the Health and Human Services |
|
Commission. |
|
(3) "Crisis response service" means consultation, |
|
risk assessment, referral, and on-site crisis intervention |
|
services provided by an emergency response team member to a person |
|
affected by a crisis, disaster, or emergency, including a victim, a |
|
family member of a victim, and an emergency service provider |
|
affected by a crisis, [or] disaster, or emergency. |
|
(4) [(2)] "Critical incident stress" means the acute |
|
or cumulative psychological stress or trauma that an emergency |
|
service provider may experience in providing emergency services in |
|
response to a critical incident, including a crisis, disaster, or |
|
emergency. The stress or trauma is an unusually strong emotional, |
|
cognitive, or physical reaction that has the potential to interfere |
|
with normal functioning, including: |
|
(A) physical and emotional illness; |
|
(B) failure of usual coping mechanisms; |
|
(C) loss of interest in the job; |
|
(D) personality changes; and |
|
(E) loss of ability to function. |
|
(5) [(3)] "Critical incident stress management |
|
service" means a service providing a process of crisis intervention |
|
designed to assist an emergency service provider in coping with |
|
critical incident stress. The term includes consultation, |
|
counseling, debriefing, defusing, intervention services, case |
|
management services, prevention, and referral. |
|
(6) [(4)] "Emergency response team member" means an |
|
individual providing critical incident stress management services |
|
or crisis response services, or both, who is designated by the |
|
commission or a local mental health authority [an appropriate state
|
|
or local governmental unit] to provide those services as a member of |
|
a local emergency response network [an organized team] or in |
|
association with the commission or local mental health authority |
|
[governmental unit]. |
|
(7) [(5)] "Emergency service provider" means an |
|
individual who provides emergency response services, including a |
|
law enforcement officer, firefighter, emergency medical services |
|
provider, dispatcher, or rescue service provider. |
|
(8) "Executive commissioner" means the executive |
|
commissioner of the commission. |
|
(9) "Local emergency response network" means an |
|
association or team of behavioral health professionals and other |
|
qualified persons that is organized by the commission or a local |
|
mental health authority, or the commission in cooperation with a |
|
local mental health authority, to provide critical incident stress |
|
management services or crisis response services in response to a |
|
critical incident, including a crisis, disaster, or emergency. |
|
Sec. 784.002. COMMISSION STAFF. The executive commissioner |
|
shall employ sufficient personnel in the appropriate division of |
|
the commission to implement and administer this chapter. |
|
Sec. 784.003. LOCAL EMERGENCY RESPONSE NETWORKS. (a) The |
|
commission, in cooperation with local mental health authorities, |
|
shall identify behavioral health professionals to serve as |
|
volunteer emergency response team members of a local emergency |
|
response network to: |
|
(1) expand local emergency response networks that |
|
provide critical incident stress management services and crisis |
|
response services to emergency service providers; and |
|
(2) establish local emergency response networks to |
|
provide crisis response services to victims of a crisis, disaster, |
|
or emergency and family members of those victims. |
|
(b) In expanding or establishing local emergency response |
|
networks under Subsection (a), commission staff may execute |
|
interagency agreements or memoranda of understanding with |
|
appropriate entities that employ behavioral health professionals, |
|
including school districts, public junior colleges, public or |
|
private institutions of higher education, and other state agencies. |
|
Sec. 784.004. TRAINING. The commission shall ensure that |
|
each emergency response team member of a local emergency response |
|
network receives appropriate and current training regarding: |
|
(1) the provision of critical incident stress |
|
management services or crisis response services; and |
|
(2) commission rules adopted to ensure consistency in |
|
the statewide delivery of those services. |
|
Sec. 784.005 [784.002]. CLOSED MEETINGS. (a) Except as |
|
provided by Subsection (b) and notwithstanding Chapter 551, |
|
Government Code, or any other law, a meeting in which critical |
|
incident stress management services or crisis response services are |
|
provided by an emergency response team member [to an emergency
|
|
service provider]: |
|
(1) is closed to the general public; and |
|
(2) may be closed to any individual who was not |
|
directly involved in the critical incident or crisis. |
|
(b) Subsection (a) does not apply if a person receiving the |
|
services[:
|
|
[(1) the emergency service provider] or the legal |
|
representative of that person [the provider] expressly agrees that |
|
the meeting may be open to the general public or to certain |
|
individuals[; or
|
|
[(2) the emergency service provider is deceased]. |
|
Sec. 784.006 [784.003]. CONFIDENTIALITY. (a) Except as |
|
otherwise provided by this section: |
|
(1) a communication made by a victim, a family member |
|
of a victim, or an emergency service provider to an emergency |
|
response team member while receiving [the provider receives] |
|
critical incident stress management services or crisis response |
|
services is confidential and may not be disclosed in a civil, |
|
criminal, or administrative proceeding; and |
|
(2) a record kept by a person who receives critical |
|
incident stress management services or crisis response services |
|
from an emergency response team member relating to the provision of |
|
those services [critical incident stress management services or
|
|
crisis response services to an emergency service provider by the
|
|
team] is confidential and is not subject to subpoena, discovery, or |
|
introduction into evidence in a civil, criminal, or administrative |
|
proceeding. |
|
(b) A court in a civil or criminal case or the |
|
decision-making entity in an administrative proceeding may allow |
|
disclosure of a communication or record described by Subsection (a) |
|
if the court or entity finds that the benefit of allowing disclosure |
|
of the communication or record is more important than protecting |
|
the privacy of the individual. |
|
(c) A communication or record described by Subsection (a) is |
|
not confidential if: |
|
(1) the emergency response team member reasonably |
|
needs to make an appropriate referral of the person receiving |
|
critical incident stress management services or crisis response |
|
services [emergency service provider] to or consult about that |
|
person [the provider] with another member of the team or an |
|
appropriate professional associated with the team; |
|
(2) the communication conveys information that the |
|
person receiving critical incident stress management services or |
|
crisis response services [emergency service provider] is or appears |
|
to be an imminent threat to the provider or anyone else; |
|
(3) the communication conveys information relating to |
|
a past, present, or future criminal act that does not directly |
|
relate to the critical incident or crisis; |
|
(4) the person receiving critical incident stress |
|
management services or crisis response services [emergency service
|
|
provider] or the legal representative of that person [the provider] |
|
expressly agrees that the communication or record is not |
|
confidential; or |
|
(5) the person receiving critical incident stress |
|
management services or crisis response services [emergency service
|
|
provider] is deceased. |
|
(d) A communication or record described by Subsection (a) is |
|
not confidential to the extent that it conveys information |
|
concerning the services and care provided to or withheld by an [the] |
|
emergency service provider to an individual injured in the critical |
|
incident or during the crisis. |
|
Sec. 784.007 [784.004]. LIMITATION ON LIABILITY. (a) |
|
Except as provided by Subsection (b), an emergency response team or |
|
an emergency response team member providing critical incident |
|
stress management services or crisis response services is not |
|
liable for damages, including personal injury, wrongful death, |
|
property damage, or other loss related to the team's or member's |
|
act, error, or omission in the performance of the services, unless |
|
the act, error, or omission constitutes wanton, wilful, or |
|
intentional misconduct. |
|
(b) Subsection (a) limits liability for damages in any civil |
|
action, other than an action under Chapter 74, Civil Practice and |
|
Remedies Code. |
|
Sec. 784.008. RULES. The executive commissioner shall |
|
adopt rules necessary to administer this chapter. |
|
SECTION 2.24. Section 772.0074(e), Government Code, is |
|
amended to read as follows: |
|
(e) Critical incident stress debriefing provided using |
|
money distributed under the grant program is subject to the |
|
confidentiality protections provided under Section 784.006 |
|
[784.003], Health and Safety Code. |
|
SECTION 2.25. (a) A joint interim committee is created to |
|
study, review, and report on statutes involving protective orders |
|
that provide for a court to temporarily prohibit a person from |
|
possessing a firearm, and to propose necessary statutory reforms as |
|
provided by Subsection (g) of this section. |
|
(b) The joint interim committee is composed of three |
|
senators appointed by the lieutenant governor and three members of |
|
the house of representatives appointed by the speaker of the house |
|
of representatives. |
|
(c) The lieutenant governor and speaker of the house of |
|
representatives each shall designate a co-chair from among the |
|
joint interim committee members. |
|
(d) The joint interim committee shall convene at the joint |
|
call of the co-chairs. |
|
(e) The joint interim committee has all other powers and |
|
duties provided to a special or select committee by the rules of the |
|
senate and house of representatives, by Subchapter B, Chapter 301, |
|
Government Code, and by policies of the senate and house committees |
|
on administration. |
|
(f) The joint interim committee shall study any relevant |
|
information, including protective order laws of this and other |
|
states that provide for a court to temporarily remove a person's |
|
ability to possess a firearm if that person's possession of a |
|
firearm poses a risk of harm to self or others. |
|
(g) The joint interim committee shall propose statutory |
|
reforms based on the study required under Subsection (f) of this |
|
section as necessary to ensure that courts are able to quickly |
|
identify a person whose possession of a firearm poses a risk of harm |
|
to self or others and temporarily remove that person's ability to |
|
possess a firearm, while maintaining the highest standards of due |
|
process to prevent infringement on a person's right to lawfully own |
|
a firearm. |
|
(h) Not later than December 1, 2020, the joint interim |
|
committee shall submit to the lieutenant governor, the speaker of |
|
the house of representatives, and the governor a report containing |
|
the committee's recommendations of specific statutory changes that |
|
appear necessary from the committee's study made under Subsection |
|
(g) of this section. |
|
(i) Not later than the 60th day after the effective date of |
|
this Act, the lieutenant governor and speaker of the house of |
|
representatives shall appoint the members of the joint interim |
|
committee in accordance with Subsection (b) of this section. |
|
(j) The joint interim committee is abolished and this |
|
section expires January 1, 2021. |
|
ARTICLE 3. CRIMINAL HISTORY, MENTAL HEALTH RECORDS, AND ACCESS TO |
|
FIREARMS |
|
SECTION 3.01. Subchapter C, Chapter 72, Government Code, is |
|
amended by adding Section 72.0305 to read as follows: |
|
Sec. 72.0305. STATEWIDE CASE MANAGEMENT SYSTEM. (a) The |
|
office shall implement a statewide case management system: |
|
(1) to provide to counties, the Department of Public |
|
Safety, and other state agencies, as determined by the office, |
|
immediate access to judicial case information; and |
|
(2) for timely reporting of criminal history and |
|
mental health records and domestic violence protective orders for |
|
background checks. |
|
(b) The statewide case management system must: |
|
(1) include each document or pleading filed for a |
|
felony criminal matter, mental health adjudication, or domestic |
|
violence protective order in a state court unless electronic filing |
|
for the document or pleading is prohibited under any other law; |
|
(2) allow state court judges access to the system for |
|
criminal offense sentencing determinations or to perform other |
|
duties assigned by law; |
|
(3) allow counties, the Department of Public Safety, |
|
and other state agencies, as determined by the office, access to |
|
information in the system necessary to perform duties assigned by |
|
law; |
|
(4) automatically deliver arrest and conviction |
|
information, mental health adjudication records, and domestic |
|
violence protective order information to counties, the Department |
|
of Public Safety, and other state agencies, as determined by the |
|
office, as necessary to perform duties assigned by law; |
|
(5) maximize the automation and transmission of |
|
criminal history and mental health records to the National Instant |
|
Criminal Background Check System operated by the Federal Bureau of |
|
Investigation and any other state or national criminal and mental |
|
health record repositories determined by the office to be |
|
appropriate; |
|
(6) to the extent feasible, integrate with the |
|
electronic filing system established under Section 72.031; |
|
(7) provide a method for archiving expired domestic |
|
violence protection orders; |
|
(8) provide privacy protections for sealed records and |
|
other records protected by law; |
|
(9) limit system access to persons who have undergone |
|
training in the proper use of information provided by the system; |
|
(10) capture case statistics and other necessary |
|
judicial information as determined by the office, including |
|
information on the use of reentry and diversion programs, bail |
|
amounts and conditions, and recidivism; and |
|
(11) share the statistics and information captured |
|
under Subdivision (10) with appropriate state agencies as |
|
determined by the office. |
|
(c) The office may contract with a person to establish and |
|
maintain the statewide case management system. The office shall |
|
initially focus on establishing the system in counties with a |
|
population of less than 20,000 and expand the system to larger |
|
counties as time and money allow. |
|
(d) The office shall seek to obtain all available federal |
|
money to implement the statewide case management system. |
|
(e) Information in the statewide case management system is |
|
exempt from disclosure under Chapter 552. |
|
(f) The Department of Public Safety shall assist the office |
|
in implementing the statewide case management system and ensuring |
|
the system interacts with existing state and national criminal and |
|
mental health record repositories. The office and department may |
|
enter into a memorandum of understanding stating the duties of each |
|
agency in implementing the system. |
|
(g) Not later than December 1 of each even-numbered year, |
|
the office shall submit to the legislature and Legislative Budget |
|
Board a report on the statewide case management system, including a |
|
financial report detailing any additional state money needed. |
|
SECTION 3.02. Sections 411.052(a), (b), and (e), Government |
|
Code, are amended to read as follows: |
|
(a) In this section: |
|
(1) "Family violence misdemeanor" means a misdemeanor |
|
crime of domestic violence under 18 U.S.C. Section 921. |
|
(2) "Federal[, "federal] prohibited person |
|
information" means information that identifies an individual as: |
|
(A) [(1)] a person ordered by a court to receive |
|
inpatient mental health services under Chapter 574, Health and |
|
Safety Code; |
|
(B) [(2)] a person acquitted in a criminal case |
|
by reason of insanity or lack of mental responsibility, regardless |
|
of whether the person is ordered by a court to receive inpatient |
|
treatment or residential care under Chapter 46C, Code of Criminal |
|
Procedure; |
|
(C) [(3)] a person determined to have an |
|
intellectual disability [mental retardation] and committed by a |
|
court for long-term placement in a residential care facility under |
|
Chapter 593, Health and Safety Code; |
|
(D) [(4)] an incapacitated adult individual for |
|
whom a court has appointed a guardian of the individual under Title |
|
3, Estates Code, based on the determination that the person lacks |
|
the mental capacity to manage the person's affairs; [or] |
|
(E) [(5)] a person determined to be incompetent |
|
to stand trial under Chapter 46B, Code of Criminal Procedure; |
|
(F) a person convicted of or placed on deferred |
|
adjudication community supervision for a felony; |
|
(G) a person convicted of or placed on deferred |
|
adjudication community supervision for a family violence |
|
misdemeanor; |
|
(H) a person subject to a protective order under |
|
Chapter 85, Family Code; or |
|
(I) a person subject to a magistrate's order for |
|
emergency protection under Article 17.292, Code of Criminal |
|
Procedure, based on an arrest for an offense involving family |
|
violence. |
|
(b) The department by rule shall establish a procedure to |
|
promptly provide federal prohibited person information to the |
|
Federal Bureau of Investigation for use with the National Instant |
|
Criminal Background Check System. Except as otherwise provided by |
|
state law, the department may disseminate federal prohibited person |
|
information under this subsection only to the extent necessary to |
|
allow the Federal Bureau of Investigation to collect and maintain a |
|
list of persons who are prohibited under federal law from engaging |
|
in certain activities with respect to a firearm. |
|
(e) The department by rule shall establish a procedure to |
|
correct department records and transmit those corrected records to |
|
the Federal Bureau of Investigation when a person provides: |
|
(1) a copy of a judicial order or finding that a person |
|
is no longer an incapacitated adult or is entitled to relief from |
|
disabilities under Section 574.088, Health and Safety Code; [or] |
|
(2) proof that the person has obtained notice of |
|
relief from disabilities under 18 U.S.C. Section 925; |
|
(3) proof that the person is no longer ineligible to |
|
possess a firearm based on the commission of a felony or a family |
|
violence misdemeanor; or |
|
(4) proof that the person is no longer subject to a |
|
protective order under Chapter 85, Family Code, or a magistrate's |
|
order for emergency protection under Article 17.292, Code of |
|
Criminal Procedure. |
|
SECTION 3.03. Section 411.0521, Government Code, is amended |
|
by amending Subsections (a), (b), and (d) and adding Subsection |
|
(a-1) to read as follows: |
|
(a) The clerk of the court shall prepare and forward to the |
|
department the information described by Subsection (b) not later |
|
than 48 hours [the 30th day] after the time [date] the court: |
|
(1) orders a person to receive inpatient mental health |
|
services under Chapter 574, Health and Safety Code; |
|
(2) acquits a person in a criminal case by reason of |
|
insanity or lack of mental responsibility, regardless of whether |
|
the person is ordered to receive inpatient treatment or residential |
|
care under Chapter 46C, Code of Criminal Procedure; |
|
(3) commits a person determined to have an |
|
intellectual disability [mental retardation] for long-term |
|
placement in a residential care facility under Chapter 593, Health |
|
and Safety Code; |
|
(4) appoints a guardian of the incapacitated adult |
|
individual under Title 3, Estates Code, based on the determination |
|
that the person lacks the mental capacity to manage the person's |
|
affairs; |
|
(5) determines a person is incompetent to stand trial |
|
under Chapter 46B, Code of Criminal Procedure; [or] |
|
(6) finds a person is entitled to relief from |
|
disabilities under Section 574.088, Health and Safety Code; |
|
(7) issues a protective order under Chapter 85, Family |
|
Code; or |
|
(8) issues a magistrate's order for emergency |
|
protection under Article 17.292, Code of Criminal Procedure, based |
|
on an arrest for an offense involving family violence. |
|
(a-1) The clerk of the court shall prepare and forward to |
|
the department the information described by Subsection (b) not |
|
later than the 15th day after the date the court: |
|
(1) enters a judgment of conviction or an order of |
|
deferred adjudication community supervision with respect to a |
|
felony; or |
|
(2) enters a judgment of conviction or an order of |
|
deferred adjudication community supervision with respect to a |
|
family violence misdemeanor as defined by Section 411.052. |
|
(b) The clerk of the court shall prepare and forward the |
|
following information under Subsection (a) or (a-1): |
|
(1) the complete name, race, and sex of the person; |
|
(2) any known identifying number of the person, |
|
including social security number, driver's license number, or state |
|
identification number; |
|
(3) the person's date of birth; and |
|
(4) the federal prohibited person information that is |
|
the basis of the report required by this section. |
|
(d) If an order previously reported to the department under |
|
Subsection (a) or (a-1) is reversed by order of any court, the clerk |
|
shall notify the department of the reversal not later than 30 days |
|
after the clerk receives the mandate from the appellate court. |
|
SECTION 3.04. Section 46.13(a), Penal Code, is amended by |
|
amending Subdivision (1) and adding Subdivision (2-a) to read as |
|
follows: |
|
(1) "Child" means a person younger than 18 [17] years |
|
of age. |
|
(2-a) "School" means a private or public primary or |
|
secondary school. |
|
SECTION 3.05. Sections 46.13(b), (c), (d), and (g), Penal |
|
Code, are amended to read as follows: |
|
(b) A person commits an offense if: |
|
(1) [a child gains access to a readily dischargeable
|
|
firearm and] the person, with criminal negligence: |
|
(A) fails [(1) failed] to secure a readily |
|
dischargeable [the] firearm; or |
|
(B) leaves a readily dischargeable [(2)
left
|
|
the] firearm in a place to which the person knew or should have |
|
known a [the] child would gain access; and |
|
(2) a child gains access to the firearm and: |
|
(A) brings the firearm: |
|
(i) in or on any real property owned by or |
|
rented or leased to a school, school board, or other governing body |
|
of a school; or |
|
(ii) on a school bus; or |
|
(B) discharges the firearm causing death or |
|
serious bodily injury to the child or another person. |
|
(c) It is an affirmative defense to prosecution under this |
|
section that the child's access to the firearm: |
|
(1) was supervised by a person older than 18 years of |
|
age and was for hunting, sporting, or other lawful purposes; |
|
(2) consisted of lawful defense by the child of people |
|
or real or personal property; |
|
(3) was gained by entering real or personal property, |
|
including a vehicle, in violation of this code; or |
|
(4) occurred during a time when the actor was engaged |
|
in an agricultural enterprise. |
|
(d) An [Except as provided by Subsection (e), an] offense |
|
under this section is a Class A [C] misdemeanor except that an |
|
offense described by Subsection (b)(2)(B) is a felony of the third |
|
degree. |
|
(g) A dealer of firearms shall post in a conspicuous |
|
position on the premises where the dealer conducts business a sign |
|
that contains the following warning in block letters not less than |
|
one inch in height: |
|
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED |
|
FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN |
|
ACCESS TO THE FIREARM. VIOLATION MAY RESULT IN CRIMINAL AND CIVIL |
|
LIABILITY." |
|
SECTION 3.06. Chapter 46, Penal Code, is amended by adding |
|
Section 46.16 to read as follows: |
|
Sec. 46.16. FAILURE TO REPORT STOLEN FIREARM. (a) A person |
|
commits an offense if the person: |
|
(1) owns a firearm that is subsequently stolen from |
|
the person; and |
|
(2) fails to report the theft to a peace officer or law |
|
enforcement agency on or before the 10th day after the date the |
|
person became aware the firearm was stolen. |
|
(b) An offense under this section is a Class C misdemeanor. |
|
(c) If conduct constituting an offense under this section |
|
also constitutes an offense under another section of this code, the |
|
actor may be prosecuted under either section or under both |
|
sections. |
|
SECTION 3.07. Section 46.13(e), Penal Code, is repealed. |
|
SECTION 3.08. As soon as practicable after the effective |
|
date of this Act, the Office of Court Administration of the Texas |
|
Judicial System shall: |
|
(1) develop a plan for implementing the statewide case |
|
management system required by Section 72.0305, Government Code, as |
|
added by this article; |
|
(2) estimate the cost of implementing and operating |
|
the system; and |
|
(3) apply for all federal money available for |
|
implementing and operating the system, including money available |
|
under the Fix NICS Act of 2018 (Pub. L. No. 115-141). |
|
SECTION 3.09. The changes in law made by this article to |
|
Sections 411.052 and 411.0521, Government Code, apply only to a |
|
judgment or order entered or issued on or after the effective date |
|
of this Act. A judgment or order entered or issued before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the judgment or order was entered or issued, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 3.10. Section 46.16(a), Penal Code, as added by |
|
this article, applies only to a firearm that is stolen on or after |
|
the effective date of this Act. A firearm that was stolen before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the firearm was stolen, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 3.11. The changes in law made by this article to |
|
Section 46.13, Penal Code, apply only to an offense committed on or |
|
after the effective date of this Act. An offense committed before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the offense was committed, and the former law is continued |
|
in effect for that purpose. For purposes of this section, an |
|
offense was committed before the effective date of this Act if any |
|
element of the offense occurred before that date. |
|
ARTICLE 4. CONFLICT OF LAW; EFFECTIVE DATE |
|
SECTION 4.01. 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 4.02. This Act takes effect September 1, 2019. |