BILL ANALYSIS

 

 

Senate Research Center

S.B. 1720

 

By: Kolkhorst

 

Education

 

6/2/2023

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Section 37.115(c), Education Code, requires the board of trustees of each school district to establish a threat assessment team responsible for conducting threat assessments on individuals who "make threats of violence or exhibit harmful, threatening, or violent behavior."  Identifying individuals who may pose a threat to the safety of others requires those aware of the harmful behavior to report it. Concerns have been raised that some school district employees are hesitant to report a potential threat to the threat assessment team out of fear of retaliation if their identity is made known to the individual posing the threat. S.B. 1720 addresses these concerns by allowing the individual reporting the threat to elect to keep their identity confidential, except as necessary for the threat assessment team, district, or law enforcement.

 

S.B. 1720 amends current law relating to the confidentiality of the identity of a public school employee who reports a potential threat to the school's threat assessment and safe and supportive school team.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 37.115(c), Education Code, as follows:

 

(c) Requires that the policies and procedures adopted under Section 37.115 (Threat Assessment and Safe and Supportive School Program and Team):

 

(1) makes no changes to this subdivision;

 

(2)-(3) makes nonsubstantive changes to these subdivisions; and

 

(4) provide for:

 

(A) a district employee who reports a potential threat to a team to elect for the employee's identity to be confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code, except as necessary for the team, the district, or law enforcement to investigate the potential threat; and

 

(B) the district to maintain a record of the identity of a district employee who elects for the employee's identity to be confidential under Paragraph (A).

 

SECTION 2. Provides that this Act applies beginning with the 2023�2024 school year.

 

SECTION 3. Effective date: upon passage or September 1, 2023.