By: King of Hemphill, Buckley, Ashby, Dutton, H.B. No. 2
      Walle, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to measures for ensuring safety and security in public
  schools, including the establishment of a school safety grant
  program and a school safety plan implementation grant program, and
  the allocation of certain constitutional transfers of money to the
  state school safety fund, the economic stabilization fund, and the
  state highway fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.108(b-1), Education Code, is amended
  to read as follows:
         (b-1)  In a school district's safety and security audit
  required under Subsection (b), the district must certify that the
  district used all school safety-related state [the] funds provided
  to the district [through the school safety allotment under Section
  48.115] only for the purposes of improving the safety of schools in
  the district [provided by that section].
         SECTION 2.  Section 37.117(c), Education Code, as added by
  Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
  Session, 2023, is amended to read as follows:
         (c)  To comply with this section, a school district or
  open-enrollment charter school may:
               (1)  use school safety-related state funds provided to
  the district or school [through the school safety allotment under
  Section 48.115 or other available funds]; and
               (2)  use the district's or school's customary
  procurement process.
         SECTION 3.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.1087 to read as follows:
         Sec. 37.1087.  SCHOOL SAFETY GRANT PROGRAM. (a)  In this
  section:
               (1)  "Fund" means the state school safety fund
  established under Section 7, Article VII, Texas Constitution.
               (2)  "Program" means the school safety grant program
  established in this section.
         (b)  The commissioner shall establish a school safety grant
  program using proceeds of the fund to annually provide grants to
  school districts and open-enrollment charter schools.
         (c)  The commissioner may award grants each school year not
  to exceed a total amount of $1.1 billion.
         (d)  Except as provided by Subsection (f), the commissioner
  shall award a school district or open-enrollment charter school a
  grant under this section in an amount equal to the sum of:
               (1)  the total amount to which the district or school
  would be entitled under Section 48.051, if the allotment under that
  section was allotted for each student enrolled in the district or
  school instead of for each student in average daily attendance,
  multiplied by 0.01; and
               (2)  the sum of:
                     (A)  $50,000 for each district or school campus
  with 500 or fewer enrolled students;
                     (B)  $100,000 for each district or school campus
  with 501 to 1,000 enrolled students;
                     (C)  $150,000 for each district or school campus
  with 1,001 to 1,500 enrolled students;
                     (D)  $175,000 for each district or school campus
  with 1,501 to 2,000 enrolled students; and
                     (E)  $200,000 for each district or school campus
  with more than 2,000 enrolled students.
         (e)  A school district or open-enrollment charter school
  campus that provides only virtual instruction or utilizes only
  facilities not subject to the district's or school's control is not
  included for purposes of determining the amount of the grant
  awarded to the district or school under Subsection (d).
         (f)  If the amount of grants calculated under Subsection (d)
  exceeds $1.1 billion in a school year, the commissioner shall
  proportionately reduce the amount of each grant in that school year
  in an amount necessary to limit the amount of grants to $1.1
  billion.
         (g)  The commissioner may adopt rules necessary to implement
  and administer this section.
         SECTION 4.  Sections 48.115(b), (c-1), (d), and (e),
  Education Code, are transferred to Subchapter D, Chapter 37,
  Education Code, redesignated as Section 37.1088, Education Code,
  and amended to read as follows:
         Sec. 37.1088.  PERMISSIBLE USES OF SCHOOL SAFETY GRANT. (a)  
  A school district or open-enrollment charter school may only use a
  grant awarded under Section 37.1087 [(b)  Funds allocated under
  this section must be used] to improve school safety and security,
  including costs associated with:
               (1)  securing school facilities in accordance with the
  requirements of Section 37.351, including:
                     (A)  improvements to school infrastructure;
                     (B)  the use or installation of perimeter security
  fencing conducive to a public school learning environment or
  physical barriers, which may not include razor wire;
                     (C)  exterior door and window safety and security
  upgrades, including exterior door numbering and locking systems and
  security film that provides resistance to a forced entry; and
                     (D)  the purchase and maintenance of:
                           (i)  security cameras and, if the district
  or school has already installed security cameras, other security
  equipment, including video surveillance as provided by Section
  29.022; and
                           (ii)  technology, including communications
  systems or devices, such as silent panic alert devices, two-way
  radios, or wireless Internet booster equipment, that facilitates
  communication and information sharing between students, school
  personnel, and first responders in an emergency;
               (2)  providing security for the district or school,
  including:
                     (A)  employing [school district] peace officers,
  private security officers, and school marshals; and
                     (B)  collaborating with local law enforcement
  agencies, such as entering into a memorandum of understanding for
  the assignment of school resource officers [to schools] in the
  district or school;
               (3)  school safety and security measures, including:
                     (A)  active shooter and emergency response
  training;
                     (B)  prevention and treatment programs relating
  to addressing adverse childhood experiences; and
                     (C)  the prevention, identification, and
  management of emergencies and threats, using evidence-based,
  effective prevention practices and including:
                           (i)  providing licensed counselors, social
  workers, chaplains, and individuals trained in restorative
  discipline and restorative justice practices;
                           (ii)  providing mental health personnel and
  support, including chaplains;
                           (iii)  providing behavioral health
  services, including services provided by chaplains;
                           (iv)  establishing threat reporting
  systems; and
                           (v)  developing and implementing programs
  focused on restorative justice practices, culturally relevant
  instruction, and providing mental health support, including
  support provided by chaplains;
               (4)  providing programs related to suicide prevention,
  intervention, and postvention, including programs provided by
  chaplains; [and]
               (5)  employing a school safety director and other
  personnel to manage and monitor school safety initiatives and the
  implementation of school safety requirements for the district or
  school; and
               (6)  implementing the Texas Overdose Prevention
  Program - Schools (TOPPS) developed by The University of Texas San
  Antonio Health Science Center.
         (b) [(c-1)]  The agency, or if designated by the agency, the
  Texas School Safety Center, shall establish and publish a directory
  of approved vendors of school safety technology and equipment a
  school district or open-enrollment charter school may select from
  when using a grant awarded under Section 37.1087 [funds allocated
  under this section].  If a school district or open-enrollment
  charter school uses a grant awarded under Section 37.1087 [funds
  allocated under this section] to purchase technology or equipment
  from a vendor that is not included in the directory, the district or
  school must solicit bids from at least three vendors before
  completing the purchase.
         (c) [(d)]  The commissioner shall annually publish a report
  regarding grants awarded under Section 37.1087 [funds allocated
  under this section] including the programs, personnel, and
  resources purchased by districts and schools using the grant [funds
  under this section] and other purposes for which the grant was
  [funds were] used.
         (d) [(e)]  Notwithstanding any other law, a school district
  or open-enrollment charter school may use a grant awarded under
  Section 37.1087 [funds allocated under this section] to provide
  training to a person authorized by the district or school to carry a
  firearm on a district or school campus.
         (e)  A school district or open-enrollment charter school
  that receives a grant awarded under Section 37.1087 to conduct a
  psychological or psychiatric examination or test of or provide
  psychological or psychiatric treatment to a student may only do so
  if conducting the examination or test or providing the treatment is
  part of a threat assessment under Section 37.115 or, before
  conducting the examination or test or providing the treatment, the
  district or school obtains written consent for the examination,
  test, or treatment from the student's parent or guardian. For
  purposes of this subsection:
               (1)  "Psychological or psychiatric examination or
  test" means a method designed to elicit information regarding an
  attitude, habit, trait, opinion, belief, feeling, or mental
  disorder or a condition thought to lead to a mental disorder,
  regardless of the manner in which the method is presented or
  characterized, including a method that is presented or
  characterized as a survey, check-in, or screening or is embedded in
  an academic lesson.
               (2)  "Psychological or psychiatric treatment" means
  the planned, systematic use of a method or technique that is
  designed to affect behavioral, emotional, or attitudinal
  characteristics of an individual or group.
         SECTION 5.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.1089 to read as follows:
         Sec. 37.1089.  SCHOOL SAFETY PLAN IMPLEMENTATION GRANT
  PROGRAM.  (a)  In this section, "fund" means the state school safety
  fund established under Section 7, Article VII, Texas Constitution.
         (b)  The commissioner shall establish a grant program using
  proceeds of the fund to provide grants to school districts and
  open-enrollment charter schools for the reimbursement of
  expenditures required for the implementation of a school safety
  plan that has been approved by the agency.
         (c)  The commissioner may award grants each school year in an
  amount not to exceed:
               (1)  a total amount of $250 million; and
               (2)  $10 million per school district or open-enrollment
  charter school.
         (d)  If the amount of grant requests under the program
  exceeds $250 million in a school year, the commissioner shall
  proportionately reduce the amount of each grant in that school year
  in an amount necessary to limit the total amount of grants provided
  to $250 million.
         (e)  Subject to the limitation under Subsection (c)(1) and
  notwithstanding Subsection (c)(2), if excess funds are available
  for a school year, the commissioner may provide additional grants
  to school districts and open-enrollment charter schools that
  incurred eligible expenses of more than $10 million in that school
  year.
         (f)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 6.  Section 37.354(a), Education Code, is amended to
  read as follows:
         (a)  The commissioner may authorize a school district to use
  money provided to the district for the purpose of improving school
  safety and security, including [the school safety allotment under
  Section 48.115 or any other] funding or grant money available to the
  district for that purpose, to comply with the requirements of this
  subchapter.
         SECTION 7.  The heading to Subchapter H, Chapter 316,
  Government Code, is amended to read as follows:
  SUBCHAPTER H. ALLOCATION OF CERTAIN CONSTITUTIONAL TRANSFERS OF
  MONEY [TO ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]
         SECTION 8.  The heading to Section 316.092, Government Code,
  is amended to read as follows:
         Sec. 316.092.  DETERMINATION OF THRESHOLD FOR
  CONSTITUTIONAL TRANSFER TO STATE SCHOOL SAFETY FUND AND STATE
  HIGHWAY FUND.
         SECTION 9.  The heading to Section 316.093, Government Code,
  is amended to read as follows:
         Sec. 316.093.  ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO
  FUND, STATE SCHOOL SAFETY FUND, AND STATE HIGHWAY FUND.
         SECTION 10.  Section 316.093, Government Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsections (b-1)
  and (c-1) to read as follows:
         (b)  If the sum described by Subsection (a) is less than the
  amount determined under Section 316.092 for that state fiscal
  biennium, the comptroller shall:
               (1)  reduce the allocation to the state highway fund
  provided by Section 49-g(c), Article III, Texas Constitution, by
  the lesser of:
                     (A)  the amount by which the sum described by
  Subsection (a) is less than the amount determined under Section
  316.092 for that state fiscal biennium; or
                     (B)  the amount that would otherwise be allocated
  for transfer to the state highway fund under Section 49-g(c),
  Article III, Texas Constitution;
               (2)  if the sum described by Subsection (a) plus the
  amount by which the allocation to the state highway fund is reduced
  under Subdivision (1) of this subsection is less than the amount
  determined under Section 316.092 for that state fiscal biennium,
  reduce the allocation to the state school safety fund provided by
  Section 49-g(c), Article III, Texas Constitution, by the lesser of:
                     (A)  the amount by which the sum described by
  Subsection (a) plus the amount by which the allocation to the state
  highway fund is reduced under Subdivision (1) is less than the
  amount determined under Section 316.092 for that state fiscal
  biennium; or
                     (B)  the amount that would otherwise be allocated
  for transfer to the state school safety fund under Section 49-g(c),
  Article III, Texas Constitution; and
               (3)  increase the allocation to the economic
  stabilization fund provided by Section 49-g(c), Article III, Texas
  Constitution, in an [equal] amount equal to the amount by which the
  allocations to the state highway fund and the state school safety
  fund are reduced under Subdivisions (1) and (2) of this subsection,
  as applicable[, until the amount determined under Section 316.092
  for that state fiscal biennium would be achieved by the transfer to
  the fund or the total amount of the sum described by Section
  49-g(c), Article III, Texas Constitution, is allocated to the fund,
  whichever occurs first].
         (b-1)  Notwithstanding Subsection (b), for the state fiscal
  year beginning September 1, 2024, if the sum described by
  Subsection (a) is less than the amount determined under Section
  316.092 for that state fiscal biennium, the comptroller shall
  reduce the allocation to the state highway fund provided by Section
  49-g(c), Article III, Texas Constitution, and increase the
  allocation to the economic stabilization fund in an equal amount
  until the amount determined under Section 316.092 for that state
  fiscal biennium would be achieved by the transfer to the fund or the
  sum of the amounts described by Section 49-g(c) of that article less
  the allocation to the state school safety fund as provided by
  Sections 49-g(c-1) and (c-3) of that article for that state fiscal
  year is allocated to the fund, whichever occurs first.  This
  subsection expires September 1, 2025.
         (c)  For the purposes of Section 49-g(c-2), Article III,
  Texas Constitution, for a state fiscal biennium beginning on or
  after September 1, 2043, the comptroller shall adjust the
  allocation provided by Section 49-g(c-1) of that article so that:
               (1)  the amount allocated for transfer to the state
  highway fund under Section 49-g(c-1) of that article is instead [of
  amounts to be transferred to the fund and to the state highway fund
  under Section 49-g(c) of that article in a state fiscal year
  beginning on or after September 1, 2043, so that the total of those
  amounts is] transferred to the economic stabilization fund; and
               (2)  if the total of the transfer under Subdivision (1)
  and the sum described by Subsection (a) is less than the amount
  determined under Section 316.092 for that state fiscal biennium,
  the amount allocated for transfer to the state school safety fund is
  reduced and the allocation to the economic stabilization fund is
  increased in an equal amount until the amount determined under
  Section 316.092 for that state fiscal biennium would be achieved by
  the transfer to the fund or the total amount of the sum described by
  Section 49-g(c) of that article is allocated to the fund, whichever
  occurs first.
         (c-1)  The [, except that the] comptroller shall reduce a
  transfer made under Subsection (c) [this subsection] as necessary
  to prevent the amount in the fund from exceeding the limit in effect
  for that biennium under Section 49-g(g), Article III, Texas
  Constitution [of that article].
         (d)  Subsection [Subsections (a) and] (b) and this
  subsection expire December 31, 2042.
         SECTION 11.  The following provisions are repealed:
               (1)  the heading to Section 48.115, Education Code;
               (2)  Sections 48.115(a), (a-1), (b-1), (b-2), and (c),
  Education Code; and
               (3)  Section 316.092(b), Government Code.
         SECTION 12.  The changes made by this Act to the Education
  Code apply beginning with the 2024-2025 school year.
         SECTION 13.  The changes made by this Act to Subchapter H,
  Chapter 316, Government Code, apply beginning with the state fiscal
  year beginning September 1, 2024.
         SECTION 14.  This Act takes effect on the date on which the
  constitutional amendment proposed by the 88th Legislature, 4th
  Called Session, 2023, creating the state school safety fund to
  provide ongoing financial support for projects that ensure the
  safety of public schools in this state and providing for the
  transfer of certain general revenues to that fund, the economic
  stabilization fund, and the state highway fund is approved by the
  voters.  If that amendment is not approved by the voters, this Act
  has no effect.