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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency school drills and exercises conducted by |
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public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.114, Education Code, is amended to |
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read as follows: |
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Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND |
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EXERCISES [EVACUATIONS]; MANDATORY SCHOOL DRILLS. The |
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commissioner, in consultation with the Texas School Safety Center |
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and the state fire marshal, shall adopt rules: |
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(1) providing best practices [procedures] for |
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conducting [evacuating and securing school property during an] |
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emergency school drills and exercises, including definitions for |
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relevant terms; and |
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(2) designating the number of mandatory school drills |
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to be conducted each semester of the school year, not to exceed |
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eight drills, including designating the number of: |
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(A) evacuation fire exit drills; and |
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(B) lockdown, lockout, shelter-in-place, and |
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evacuation drills. |
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SECTION 2. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.1141 to read as follows: |
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Sec. 37.1141. ACTIVE THREAT EXERCISES. (a) Before a school |
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district may conduct an active threat exercise, including an active |
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shooter simulation, the district shall ensure that: |
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(1) adequate notice of the exercise is provided to |
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students expected to participate in the exercise, the parents of |
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those students, and staff likely to be part of the exercise, |
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including information regarding: |
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(A) the date on which the exercise will occur; |
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(B) the content, form, and tone of the exercise; |
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and |
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(C) whether the exercise will include a live |
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simulation that mimics or appears to be an actual shooting |
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incident; |
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(2) the exercise is announced to students and faculty |
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before the start of the exercise, including, if applicable, an |
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announcement that the exercise will include a live simulation that |
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mimics or appears to be an actual threat, such as a shooting |
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incident; |
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(3) first responder organizations that would likely |
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respond in the event of a false report or alarm are notified |
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regarding the exercise; |
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(4) a safe zone is created around the area in which the |
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exercise will be conducted to keep out actual firearms, ammunition, |
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and other weapons, other than firearms, ammunition, or other |
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weapons carried by a peace officer, school resource officer, or |
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school marshal or any other person authorized by the district to |
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carry those items on school grounds; |
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(5) the content of the exercise: |
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(A) is age appropriate and developmentally |
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appropriate; |
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(B) has been developed by a team of school |
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administrators, teachers, school-based mental health |
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professionals, and law enforcement officers, with input from |
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parents and students; and |
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(C) is designed to support the well-being of |
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students who participate in the exercise before, during, and after |
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the exercise is conducted; and |
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(6) data regarding the efficacy and impact of the |
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exercise will be tracked, including any feedback regarding the |
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exercise from students, staff, or family members of students or |
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staff. |
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(b) Subsection (a)(4) may not be construed to prohibit a |
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parent, legal guardian, or other person acting on a parent's or |
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legal guardian's behalf from transporting or storing in the |
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person's motor vehicle a firearm, ammunition, or other weapon that |
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the person is legally authorized to possess while the person is |
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picking up a child from school. |
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(c) A school district shall submit data collected under |
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Subsection (a)(6) to the Texas School Safety Center. |
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(d) The commissioner may adopt rules as necessary to |
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implement this section. |
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SECTION 3. Section 12.104(b), Education Code, as amended by |
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Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 |
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(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is |
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reenacted 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; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) 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; |
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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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(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) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(T) establishment of residency under Section |
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25.001; |
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(U) [(T)] school safety requirements under |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, |
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37.1141, 37.115, 37.207, and 37.2071; |
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(V) [(T)] the early childhood literacy and |
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mathematics proficiency plans under Section 11.185; and |
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(W) [(U)] the college, career, and military |
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readiness plans under Section 11.186. |
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SECTION 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |