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A BILL TO BE ENTITLED
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AN ACT
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relating to training, preparedness, and funding for school safety |
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and emergencies in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 22, Education Code, is |
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amended by adding Section 22.904 to read as follows: |
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Sec. 22.904. MENTAL HEALTH FIRST AID TRAINING. (a) A |
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school district shall require each district employee who regularly |
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interacts with students enrolled at the district to complete an |
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evidence-based mental health first aid training program designed to |
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provide instruction to participants regarding the recognition and |
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support of children and youth who experience a mental health or |
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substance use issue that may pose a threat to school safety. |
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(b) The agency shall provide an allotment to each school |
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district equal to the amount district employees spent on travel and |
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training fees in accordance with commissioner rule to comply with |
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this section. An allotment provided to a district under this |
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section must be used to reimburse the employee for the cost of |
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travel and training fees. |
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(c) The commissioner shall adopt rules to implement this |
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section, including rules specifying the training fees and travel |
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expenses subject to reimbursement under Subsection (b). |
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SECTION 2. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.08121 to read as follows: |
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Sec. 37.08121. SCHOOL GUARDIAN TRAINING AND STIPEND. (a) |
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In this section, "school guardian" means a school district or |
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open-enrollment charter school employee who, pursuant to the |
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written regulations or written authorization of the district or |
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school under Section 46.03(a)(1)(A), Penal Code, is authorized to |
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carry or possess a specified weapon for the purpose of providing |
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safety and security on the physical premises of the employee's |
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school, any grounds or building on which an activity sponsored by |
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the school is being conducted, or a passenger transportation |
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vehicle of the school. |
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(b) The written regulation or authorization of a school |
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district or open-enrollment charter school that authorizes the |
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presence of a school guardian must require the guardian to complete |
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a school guardian training program approved by the agency under |
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this section before being permitted to carry or possess a weapon on |
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the physical premises of the school for the purposes of providing |
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safety and security. |
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(c) The agency may only approve a school guardian training |
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program if the program: |
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(1) requires completion of all training required for a |
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school marshal, including the training program provided under |
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Section 1701.260, Occupations Code; and |
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(2) includes instruction in mental health first aid |
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and trauma-informed care. |
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(d) From funds appropriated or otherwise available for the |
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purpose, a school district or open-enrollment charter school |
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employee is entitled to a stipend in an amount determined by the |
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commissioner of not more than $25,000 per school year that the |
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employee serves as a school guardian after completing the training |
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program required by this section. A stipend received under this |
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subsection is not considered a part of the employee's compensation, |
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including for purposes of determining whether a school district is |
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paying an employee the minimum monthly salary under Section 21.402. |
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(e) The commissioner shall adopt rules necessary to |
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implement this section. |
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SECTION 3. Section 37.115(c), Education Code, is amended to |
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read as follows: |
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(c) The board of trustees of each school district shall |
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establish a threat assessment and safe and supportive school team |
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to serve at each campus of the district and shall adopt policies and |
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procedures for the teams. The team is responsible for developing |
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and implementing the safe and supportive school program under |
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Subsection (b) at the district campus served by the team. The |
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policies and procedures adopted under this section must: |
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(1) be consistent with the model policies and |
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procedures developed by the Texas School Safety Center; |
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(2) require each team to complete training provided by |
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the Texas School Safety Center or a regional education service |
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center regarding evidence-based threat assessment programs; [and] |
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(3) require each team established under this section |
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to report the information required under Subsection (k) regarding |
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the team's activities to the agency; and |
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(4) require each district campus to establish a clear |
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procedure for a student to report concerning behavior exhibited by |
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another student for assessment by the team or other appropriate |
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school employee. |
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SECTION 4. Section 37.108(g), Education Code, is amended to |
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read as follows: |
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(g) A school district shall include in its multihazard |
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emergency operations plan an active shooter preparedness appendix. |
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The active shooter preparedness appendix must include a |
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certification by the district that the district has provided to |
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each law enforcement agency with jurisdiction in the district or |
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geographic area served by the district: |
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(1) an accurate map of each district campus that is |
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oriented to true north; and |
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(2) an opportunity to conduct a walk-through of each |
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district facility. [a policy for responding to an active shooter |
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emergency. The school district may use any available community |
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resources in developing the policy described by this subsection.] |
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SECTION 5. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.116 to read as follows: |
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Sec. 37.116. SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM. |
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(a) With funds appropriated or otherwise available for the |
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purpose, the agency shall establish a grant program to assist |
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school districts and open-enrollment charter schools with any cost |
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identified by a district or school as necessary for enhancing the |
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infrastructure of each district or school campus to meet agency |
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safety standards. |
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(b) The commissioner shall adopt rules to implement this |
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section. |
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SECTION 6. Section 48.115, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (c-1) and |
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(c-2) to read as follows: |
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(a) A [From funds appropriated for that purpose, the |
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commissioner shall provide to a] school district is entitled to an |
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annual allotment of $100 [in the amount provided by appropriation] |
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for each student in average daily attendance. |
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(b) Funds allocated under this section must be used to |
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improve school safety and security [, including costs associated |
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with: |
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[(1) securing school facilities, including: |
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[(A) improvements to school infrastructure; |
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[(B) the use or installation of physical |
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barriers; and |
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[(C) the purchase and maintenance of: |
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[(i) security cameras or other security |
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equipment; and |
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[(ii) technology, including communications |
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systems or devices, that facilitates communication and information |
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sharing between students, school personnel, and first responders in |
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an emergency; |
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[(2) providing security for the district, including: |
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[(A) employing school district peace officers, |
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private security officers, and school marshals; and |
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[(B) collaborating with local law enforcement |
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agencies, such as entering into a memorandum of understanding for |
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the assignment of school resource officers to schools in the |
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district; |
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[(3) school safety and security training and planning, |
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including: |
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[(A) active shooter and emergency response |
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training; |
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[(B) prevention and treatment programs relating |
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to addressing adverse childhood experiences; and |
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[(C) the prevention, identification, and |
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management of emergencies and threats, using evidence-based, |
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effective prevention practices and including: |
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[(i) providing licensed counselors, social |
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workers, and individuals trained in restorative discipline and |
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restorative justice practices; |
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[(ii) providing mental health personnel and |
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support; |
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[(iii) providing behavioral health |
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services; |
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[(iv) establishing threat reporting |
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systems; and |
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[(v) developing and implementing programs |
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focused on restorative justice practices, culturally relevant |
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instruction, and providing mental health support; and |
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[(4) providing programs related to suicide |
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prevention, intervention, and postvention]. |
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(c-1) The agency, or if designated by the agency, the Texas |
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School Safety Center, shall establish and publish a directory of |
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approved vendors of school safety technology and equipment a school |
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district may select from when using funds allocated under this |
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section. If a school district uses funds allocated under this |
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section to purchase technology or equipment from a vendor that is |
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not included in the directory, the district must solicit bids from |
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at least three vendors before completing the purchase. |
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(c-2) Subsection (c-1) does not apply to: |
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(1) a vendor of behavioral health services or |
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programming; or |
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(2) a vendor used by a third party engaged by a school |
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district to improve school safety or security. |
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SECTION 7. Section 48.257, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (h) to read as |
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follows: |
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(a) Subject to Subsections [Subsection] (b) and (h), if a |
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school district's tier one local share under Section 48.256 exceeds |
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the district's entitlement under Section 48.266(a)(1) less the |
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district's distribution from the state available school fund, the |
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district must reduce the district's tier one revenue level in |
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accordance with Chapter 49 to a level not to exceed the district's |
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entitlement under Section 48.266(a)(1) less the district's |
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distribution from the state available school fund. |
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(h) This subsection applies only to a school district to |
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which Subsection (a) applies. A school district is not required to |
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reduce the district's tier one revenue level under Subsection (a) |
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by an amount necessary for the district to employ an off-duty peace |
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officer as school security personnel. |
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SECTION 8. Subtitle I, Title 2, Education Code, is amended |
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by adding Chapter 47A to read as follows: |
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CHAPTER 47A. STATE SCHOOL SAFETY FUND AND GRANTS |
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Sec. 47A.001. DEFINITIONS. In this chapter: |
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(1) "Corporation" means the Texas Permanent School |
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Fund Corporation established under Chapter 43. |
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(2) "Fund" means the state school safety fund |
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established under Section 7, Article VII, Texas Constitution. |
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(3) "Program" means the school safety grant program. |
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Sec. 47A.002. DEPOSITS TO FUND BY COMMISSIONER. |
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Notwithstanding any other law, including Section 48.265, if the |
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commissioner determines that the amount appropriated for a state |
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fiscal year for purposes of administering the Foundation School |
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Program exceeds the amount to which school districts and |
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open-enrollment charter schools are entitled under Chapters 46, 48, |
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and 49 for that year, the commissioner shall deposit a portion of |
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that excess, up to 100 percent, to the credit of the fund. |
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Sec. 47A.003. USES OF FUND. Money in the fund may only be |
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used to provide grants to school districts and open-enrollment |
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charter schools to enhance school safety under Section 47A.005. |
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Sec. 47A.004. ADMINISTRATION OF FUND. (a) The corporation |
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shall hold and invest the fund with the objective of maintaining |
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sufficient liquidity to meet the needs of the fund while striving to |
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maximize returns. In managing the assets of the fund, through |
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procedures and subject to restrictions the corporation considers |
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appropriate, the corporation may acquire, exchange, sell, |
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supervise, manage, or retain any type of investment that a person of |
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ordinary prudence, discretion, and intelligence, exercising |
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reasonable care, skill, and caution, would acquire, exchange, sell, |
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supervise, manage, or retain in light of the fund's investment |
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objective. |
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(b) The corporation may charge a fee not to exceed the |
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amount necessary to cover the costs estimated to be incurred by the |
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corporation in managing and investing the fund. The fee may be |
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assessed on the available balance of the fund each fiscal year. |
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Sec. 47A.005. SCHOOL SAFETY GRANTS. (a) The commissioner |
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shall establish a school safety grant program using proceeds of the |
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fund to provide grants to school districts and open-enrollment |
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charter schools. |
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(b) The commissioner may only award a grant to a school |
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district or open-enrollment charter school to reimburse the |
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district or school for expenditures required for the implementation |
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of a school safety plan that has been approved by the agency. |
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(c) The commissioner may award grants each school year in an |
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amount not to exceed $10 million to a school district or |
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open-enrollment charter school. |
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(d) The commissioner may award grants each school year not |
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to exceed a total amount of $250 million. |
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(e) If the amount of grant requests under the program |
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exceeds $250 million in a school year, the commissioner shall |
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proportionately reduce the amount of each grant in that school year |
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in an amount necessary to limit the total amount of grants provided |
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to $250 million. |
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(f) Notwithstanding Subsection (c) and subject to the |
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limitation under Subsection (d), if excess funds are available for |
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a school year, the commissioner may provide additional grants to |
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school districts and open-enrollment charter schools that incurred |
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eligible expenses of more than $10 million in that school year. |
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Sec. 47A.006. RULES. The commissioner, in consultation |
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with the corporation, may adopt rules as necessary to implement |
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this chapter. |
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SECTION 9. (a) Except as provided by Subsections (b) and |
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(c) of this section, this Act applies beginning with the 2023-2024 |
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school year. |
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(b) Notwithstanding Section 22.904, Education Code, as |
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added by this Act, a school district must require the district's |
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employees to complete the mental health first aid training required |
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under that section as follows: |
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(1) at least 25 percent of the applicable district |
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employees before the beginning of the 2025-2026 school year; |
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(2) at least 50 percent of the applicable district |
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employees before the beginning of the 2026-2027 school year; |
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(3) at least 75 percent of the applicable district |
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employees before the beginning of the 2027-2028 school year; and |
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(4) 100 percent of the applicable district employees |
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before the beginning of the 2028-2029 school year. |
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(c) Chapter 47A, Education Code, as added by this Act, |
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applies beginning with the 2024-2025 school year. |
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SECTION 10. (a) Except as provided by Subsections (b) and |
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(c) of this section, this Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |
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(b) Sections 48.115 and 48.257, Education Code, as amended |
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by this Act, take effect September 1, 2023. |
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(c) Section 8 of this Act takes effect January 1, 2024, but |
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only if the constitutional amendment proposed by the 88th |
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Legislature, Regular Session, 2023, creating the state school |
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safety fund to provide financial support for projects that enhance |
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the safety of public schools in this state is approved by the |
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voters. If that constitutional amendment is not approved by the |
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voters, Section 8 of this Act has no effect. |