BILL ANALYSIS

Senate Research Center	S.B. 999
88R5403 JCG-D	By: West
	Education
	4/3/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, the Texas Commission on Law Enforcement (TCOLE) is vested with crafting and enforcing certification requirements for a variety of certifications and training courses, including the course, Active Shooter Response for School-Based Law Enforcement, Course No. 2195. This is the course which is among the primary vehicles in Texas for providing law enforcement and others with active shooter training specific to school-�based settings. 

However, current law has a multifaceted gap with regard to active shooter training courses. While TCOLE certifies the coursework and the course instructor providing active shooter training courses must be certified, the company through which this training is provided is not required to hold any TCOLE certification. 

School district peace officers and school resource officers are required by Section 37.0812 to complete an active shooter response training program approved by TCOLE. Under current law, TCOLE has the authority to refuse to contract for training from companies and organizations that do not meet TCOLE's standards. However, they do not have the authority to prevent a company from providing active shooter training in Texas. According to TCOLE, "There is law enforcement training that occurs in Texas that is not reported to or accepted by TCOLE for continuing education." 

In order to ensure that any person who receives active shooter training in Texas is receiving a curriculum that is approved by the state, S.B. 999, after substituted, will require all companies that are providing active shooter training to students or employees at a public school or institution of higher education to both use certified instructors and possess a TCOLE certification at the company level. 

As proposed, S.B. 999 amends current law relating to the requirement that providers of active shooter training at public schools and institutions of higher education obtain a certificate issued by the Texas Commission on Law Enforcement.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on Law Enforcement in SECTION 1 (Section 1701.2515, Occupations Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter F, Chapter 1701, Occupations Code, by adding Section 1701.2515, as follows:

Sec. 1701.2515. CERTIFICATE REQUIRED TO PROVIDE ACTIVE SHOOTER TRAINING AT PUBLIC SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION. (a) �Prohibits a person from providing active shooter training to students or employees at a public primary or secondary school or an institution of higher education as defined by Section 61.003 (Definitions), Education Code, unless the person is certified by the Texas Commission on Law Enforcement (TCOLE) under this section to provide active shooter training.

(b) Requires TCOLE to:

(1) establish a certification program for providers of active shooter training; and

(2) issue a certificate to a provider who completes the program established under Subdivision (1).

(c) Requires TCOLE to adopt rules for the renewal of a certificate issued under this section. Authorizes TCOLE to require continuing education for the renewal of the certificate.

SECTION 2. Requires TCOLE, not later than September 1, 2024, to establish the certification program required by Section 1701.2515, Occupations Code, as added by this Act.

SECTION 3. Makes application of Section 1701.2515(a), Occupations Code, as added by this Act, prospective to December 1, 2024.

SECTION 4. Effective date: September 1, 2023.