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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of school district peace officers and school |
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resource officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.081, Education Code, is amended by |
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adding Subsections (a-1), (d-5), and (d-6) to read as follows: |
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(a-1) A memorandum of understanding under Subsection (a) |
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regarding the provision of school resource officers must include a |
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district's use of force policy and an outline of the intended role |
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of school resource officers in the district. |
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(d-5) Except as provided by Subsection (d-6), a school |
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district peace officer or school resource officer may issue a |
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citation to or make an arrest of a student for conduct described by |
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Section 37.015 only after the officer has determined, in |
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consultation with the school district administrators, that |
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alternative disciplinary measures, including restorative justice |
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practices and school-based disciplinary measures, are not |
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sufficient. If the officer determines that no sufficient |
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alternative disciplinary measures are available, the officer shall |
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prepare and submit a written report to the school district |
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superintendent or the superintendent's designee that includes: |
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(1) the alternative disciplinary measures considered |
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by the officer; and |
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(2) an explanation stating why those measures were not |
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sufficient disciplinary alternatives. |
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(d-6) A school district peace officer or school resource |
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officer is not required to make the determination under Subsection |
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(d-5) if the student's conduct poses a threat that requires |
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immediate action by the officer. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. 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. |