SB 11, Sen 2nd Rdg, Amnd #F5

(1) In SECTION 3 of the bill, in amended Section 12.104(b), Education Code (page 3, line 1), between "and 37.2071" and the semicolon, by inserting "and Subchapter J, Chapter 37".

(2) In SECTION 8 of the bill, in the recital to amended Section 37.108, Education Code (page 3, line 56), strike "Subsections (a) and (b) and adding Subsection (h)" and substitute "Subsections (a), (b), and (b-1) and adding Subsections (b-2), (b-3), and (h)".

(3) In SECTION 8 of the bill, in amended Section 37.108, Education Code, immediately following amended Subsection (b) (page 4, between lines 27 and 28), insert the following:

(b-1) In a school district's safety and security audit required under Subsection (b), the district must certify that:

(1) the district used the funds provided to the district through the school safety allotment under Section 48.115 only for the purposes provided by that section; and

(2) the district is in compliance with Subchapter J.

(b-2) A school district may provisionally certify compliance under Subsection (b-1)(2) if the district has taken the necessary steps to initiate an upgrade of the district's facilities to ensure compliance with Subchapter J.

(b-3) Notwithstanding Subsection (b-2), for the 2023-2024 school year, a school district may provisionally certify compliance under Subsection (b-1)(2) only if the district meets the requirements of Subsection (b-2) and the contractor or supplier has been procured and has provided a time frame for completion of any upgrade necessary to bring the district into compliance with Subchapter J. This subsection expires August 31, 2024.

(4) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Chapter 37, Education Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. INSTRUCTIONAL FACILITY SAFETY REQUIREMENTS

Sec. 37.351. DEFINITION. (a) In this subchapter, "instructional facility" has the meaning assigned by Section 46.001.

Sec. 37.352. INSTRUCTIONAL FACILITY ACCESS POINTS. A school district shall ensure that all instructional facilities have access points that are:

(1) secured by design;

(2) maintained to operate as intended; and

(3) appropriately monitored.

Sec. 37.353. NUMBERING OF DOORS. (a) Notwithstanding Subsection (b), a school district shall ensure that each instructional facility, including portable buildings, includes a graphically represented alpha-numerical character on both the interior and exterior of each exterior door location.

(b) The main entrance to an instructional facility that is closest to or directly connected to the reception area or the equivalent of a reception area if the facility does not have a reception area must be the first in the alpha-numerical sequence but is not required to display a graphically represented alpha-numerical number.

Sec. 37.354. SAFETY STANDARDS FOR PRIMARY ENTRANCE. (a) In this section, "primary entrance" means:

(1) the main entrance to an instructional facility that is closest to or directly connected to the reception area or the equivalent of a reception area if the facility does not have a reception area; or

(2) any exterior door of the facility through which a visitor may enter during school hours.

(b) A school district shall ensure that each primary entrance:

(1) meets all safety standards for exterior doors established under Section 37.355;

(2) allows a person located within the facility building to visually identify a visitor seeking to enter the primary entrance when the entrance is closed and locked;

(3) has a physical barrier that prevents unassisted access to the facility by a visitor; and

(4) has a location for a visitor to check in and check out.

Sec. 37.355. SAFETY STANDARDS FOR EXTERIOR DOORS AND WINDOWS. (a) In this section, "exterior secured area" means an area fully enclosed by a fence or wall that:

(1) is at least six feet high with design features that prevent the fence or wall from being easily scaled; or

(2) is at least eight feet high.

(b) A school district shall ensure that each exterior door of an instructional facility:

(1) is designed by default to be closed, latched, and locked;

(2) is constructed of materials and in a manner to make the door and door frame resistant to entry by intruders;

(3) includes a mechanism that:

(A) fully closes and engages locking mechanisms automatically after entry or egress; and

(B) allows the door to be opened from the inside when locked to allow for emergency egress; and

(4) if keyed, allows the door to be unlocked with a single or small set of master keys for re-entry.

(1) actively monitored by an adult who can visually identify a visitor before the visitor enters the facility and who can take immediate action to close or lock the door;

(2) located within an exterior secured area; or

(3) designated in the school district's multihazard emergency operations plan under Section 37.108 to remain open for a specified period of time for ventilation.

(d) Unless the door is located within an exterior secured area, each classroom with an exterior entry door must allow a person located within the classroom to visually identify an individual seeking to enter the classroom when the classroom door is locked.

(e) Unless the window is located within an exterior secured area, each ground-level window or window that is near an exterior entrance that is of a size that may allow an individual to gain access to the building must be constructed or modified in a manner in which the glass may not be easily broken.

(f) If a ground-level window is designed to be opened, the window must have a functional locking mechanism to allow for the window to be locked from the inside. If the window is of a size that may allow an individual to gain access to the building, the window must be closed and locked when staff are not present.

(g) A door that allows roof access to an instructional facility must be designed:

(1) by default to be in a locked, latched, and closed position when not actively in use; and

(2) to be locked from the interior.

Sec. 37.356. MASTER KEY BOX. A school district shall ensure that each instructional facility has, in a location designated by local authorities, an exterior master key box designed to permit emergency access to the facility by law enforcement and emergency responders.

Sec. 37.357. COMMUNICATIONS INFRASTRUCTURE. A school district shall establish communications infrastructure that:

(1) ensures necessary equipment is installed to permit radios used by law enforcement and emergency responders to function in most locations in the building;

(2) includes a panic alert button or equivalent alarm system that:

(A) has the capacity to be triggered manually by facility staff;

(B) is triggered automatically if a district employee calls 9-1-1;

(D) notifies designated school administrators to provide confirmation that a law enforcement and emergency responder response is needed; and

(E) automatically triggers any remote-locking mechanisms for applicable doors and windows and includes an alert for facility staff regarding any doors or windows for which the locking mechanism did not engage.

Sec. 37.358. ACCESS INSPECTION POLICY. (a) The board of trustees of a school district shall adopt a policy requiring weekly inspections during school hours of all exterior doors to ensure each exterior door meets the requirements of Sections 37.354 and 37.355.

(b) The board of trustees of a school district shall report the findings of each weekly inspection to:

(1) the applicable school safety and security committee established under Section 37.109; and

(2) the principal of the campus on which the instructional facility is located.

(c) The policy adopted under Subsection (a) must include a provision stating that nothing in the school system's access control procedures may be interpreted to discourage parents from visiting an instructional facility if the parent is properly verified by an appropriate administrator of the campus on which the facility is located.

Sec. 37.359. SITE LAYOUT AND EXTERIOR DOOR DESIGNATION DOCUMENT. (a) A school district shall develop and maintain an accurate site layout and exterior door designation document for each instructional facility that:

(1) identifies and depicts each exterior door on the floor plan with an alpha-numerical designation as required by Section 37.353; and

(2) is available in the applicable instructional facility's main office.

(b) The school district shall provide to the local 9-1-1 call center a copy of the site layout and exterior door designation document developed under Subsection (a).

Sec. 37.360. MAINTENANCE CHECKS. (a) A school district shall perform biannual maintenance checks to ensure that each instructional facility in the district is in compliance with this subchapter. The maintenance check must evaluate whether:

(1) exterior doors and windows function properly;

(2) perimeter barriers or gates function properly;

(3) all panic alert or emergency notification systems located in an instructional facility function properly;

(4) each instructional facility phone reports the caller's accurate location to the 9-1-1 call center;

(5) the master key box functions properly; and

(6) any two-way radios used by law enforcement and emergency responders operate effectively within the instructional facility.

(b) The school district shall promptly remedy any problem discovered during a maintenance check performed under Subsection (a).

Sec. 37.361. STAFF REPORTING POLICY. (a) The board of trustees of a school district shall establish a policy requiring a staff member who becomes aware of a problem relating to the safety requirements established under this subchapter to immediately report the problem to a designated district administrator.

(b) The school district shall promptly remedy any problem reported by a staff member under Subsection (a).