88R21283 JES-F
 
  By: King of Hemphill, Burrows, H.B. No. 13
      King of Uvalde, González of El Paso,
 
      Buckley, et al.
 
  Substitute the following for H.B. 
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to training, preparedness, and funding for school safety
  and emergencies in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 22, Education Code, is
  amended by adding Section 22.904 to read as follows:
         Sec. 22.904.  MENTAL HEALTH FIRST AID TRAINING. (a)  A
  school district shall require each district employee who regularly
  interacts with students enrolled at the district to complete an
  evidence-based mental health first aid training program designed to
  provide instruction to participants regarding the recognition and
  support of children and youth who experience a mental health or
  substance use issue that may pose a threat to school safety.
         (b)  The agency shall provide an allotment to each school
  district equal to the amount district employees spent on travel and
  training fees in accordance with commissioner rule to comply with
  this section. An allotment provided to a district under this
  section must be used to reimburse the employee for the cost of
  travel and training fees.
         (c)  The commissioner shall adopt rules to implement this
  section, including rules specifying the training fees and travel
  expenses subject to reimbursement under Subsection (b).
         SECTION 2.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.08121 to read as follows:
         Sec. 37.08121.  SCHOOL GUARDIAN TRAINING AND STIPEND.  (a)  
  In this section, "school guardian" means a school district or
  open-enrollment charter school employee who, pursuant to the
  written regulations or written authorization of the district or
  school under Section 46.03(a)(1)(A), Penal Code, is authorized to
  carry or possess a specified weapon for the purpose of providing
  safety and security on the physical premises of the employee's
  school, any grounds or building on which an activity sponsored by
  the school is being conducted, or a passenger transportation
  vehicle of the school.
         (b)  The written regulation or authorization of a school
  district or open-enrollment charter school that authorizes the
  presence of a school guardian must require the guardian to complete
  a school guardian training program approved by the agency under
  this section before being permitted to carry or possess a weapon on
  the physical premises of the school for the purposes of providing
  safety and security.
         (c)  The agency may only approve a school guardian training
  program if the program:
               (1)  requires completion of all training required for a
  school marshal, including the training program provided under
  Section 1701.260, Occupations Code; and
               (2)  includes instruction in mental health first aid
  and trauma-informed care.
         (d)  From funds appropriated or otherwise available for the
  purpose, a school district or open-enrollment charter school
  employee is entitled to a stipend in an amount determined by the
  commissioner of not more than $25,000 per school year that the
  employee serves as a school guardian after completing the training
  program required by this section.  A stipend received under this
  subsection is not considered a part of the employee's compensation,
  including for purposes of determining whether a school district is
  paying an employee the minimum monthly salary under Section 21.402.
         (e)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 3.  Section 37.115(c), Education Code, is amended to
  read as follows:
         (c)  The board of trustees of each school district shall
  establish a threat assessment and safe and supportive school team
  to serve at each campus of the district and shall adopt policies and
  procedures for the teams.  The team is responsible for developing
  and implementing the safe and supportive school program under
  Subsection (b) at the district campus served by the team.  The
  policies and procedures adopted under this section must:
               (1)  be consistent with the model policies and
  procedures developed by the Texas School Safety Center;
               (2)  require each team to complete training provided by
  the Texas School Safety Center or a regional education service
  center regarding evidence-based threat assessment programs; [and]
               (3)  require each team established under this section
  to report the information required under Subsection (k) regarding
  the team's activities to the agency; and
               (4)  require each district campus to establish a clear
  procedure for a student to report concerning behavior exhibited by
  another student for assessment by the team or other appropriate
  school employee.
         SECTION 4.  Section 37.108(g), Education Code, is amended to
  read as follows:
         (g)  A school district shall include in its multihazard
  emergency operations plan an active shooter preparedness appendix.  
  The active shooter preparedness appendix must include a
  certification by the district that the district has provided to
  each law enforcement agency with jurisdiction in the district or
  geographic area served by the district:
               (1)  an accurate map of each district campus that is
  oriented to true north; and
               (2)  an opportunity to conduct a walk-through of each
  district facility.  [a policy for responding to an active shooter
  emergency.  The school district may use any available community
  resources in developing the policy described by this subsection.]
         SECTION 5.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.116 to read as follows:
         Sec. 37.116.  SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.  
  (a)  With funds appropriated or otherwise available for the
  purpose, the agency shall establish a grant program to assist
  school districts and open-enrollment charter schools with any cost
  identified by a district or school as necessary for enhancing the
  infrastructure of each district or school campus to meet agency
  safety standards.
         (b)  The commissioner shall adopt rules to implement this
  section.
         SECTION 6.  Section 48.115, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (c-1) and
  (c-2) to read as follows:
         (a)  A [From funds appropriated for that purpose, the
  commissioner shall provide to a] school district is entitled to an
  annual allotment of $100 [in the amount provided by appropriation]
  for each student in average daily attendance.
         (b)  Funds allocated under this section must be used to
  improve school safety and security [, including costs associated
  with:
               [(1)  securing school facilities, including:
                     [(A)  improvements to school infrastructure;
                     [(B)  the use or installation of physical
  barriers; and
                     [(C)  the purchase and maintenance of:
                           [(i)  security cameras or other security
  equipment; and
                           [(ii)  technology, including communications
  systems or devices, that facilitates communication and information
  sharing between students, school personnel, and first responders in
  an emergency;
               [(2)  providing security for the district, 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;
               [(3)  school safety and security training and planning,
  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, and individuals trained in restorative discipline and
  restorative justice practices;
                           [(ii)  providing mental health personnel and
  support;
                           [(iii)  providing behavioral health
  services;
                           [(iv)  establishing threat reporting
  systems; and
                           [(v)  developing and implementing programs
  focused on restorative justice practices, culturally relevant
  instruction, and providing mental health support; and
               [(4)  providing programs related to suicide
  prevention, intervention, and postvention].
         (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 may select from when using funds allocated under this
  section.  If a school district uses funds allocated under this
  section to purchase technology or equipment from a vendor that is
  not included in the directory, the district must solicit bids from
  at least three vendors before completing the purchase.
         (c-2)  Subsection (c-1) does not apply to:
               (1)  a vendor of behavioral health services or
  programming; or
               (2)  a vendor used by a third party engaged by a school
  district to improve school safety or security.
         SECTION 7.  Section 48.257, Education Code, is amended by
  amending Subsection (a) and adding Subsection (h) to read as
  follows:
         (a)  Subject to Subsections [Subsection] (b) and (h), if a
  school district's tier one local share under Section 48.256 exceeds
  the district's entitlement under Section 48.266(a)(1) less the
  district's distribution from the state available school fund, the
  district must reduce the district's tier one revenue level in
  accordance with Chapter 49 to a level not to exceed the district's
  entitlement under Section 48.266(a)(1) less the district's
  distribution from the state available school fund.
         (h)  This subsection applies only to a school district to
  which Subsection (a) applies.  A school district is not required to
  reduce the district's tier one revenue level under Subsection (a)
  by an amount necessary for the district to employ an off-duty peace
  officer as school security personnel.
         SECTION 8.  Subtitle I, Title 2, Education Code, is amended
  by adding Chapter 47A to read as follows:
  CHAPTER 47A.  STATE SCHOOL SAFETY FUND AND GRANTS
         Sec. 47A.001.  DEFINITIONS. In this chapter:
               (1)  "Corporation" means the Texas Permanent School
  Fund Corporation established under Chapter 43.
               (2)  "Fund" means the state school safety fund
  established under Section 7, Article VII, Texas Constitution.
               (3)  "Program" means the school safety grant program.
         Sec. 47A.002.  DEPOSITS TO FUND BY COMMISSIONER.
  Notwithstanding any other law, including Section 48.265, if the
  commissioner determines that the amount appropriated for a state
  fiscal year for purposes of administering the Foundation School
  Program exceeds the amount to which school districts and
  open-enrollment charter schools are entitled under Chapters 46, 48,
  and 49 for that year, the commissioner shall deposit a portion of
  that excess, up to 100 percent, to the credit of the fund.
         Sec. 47A.003.  USES OF FUND.  Money in the fund may only be
  used to provide grants to school districts and open-enrollment
  charter schools to enhance school safety under Section 47A.005.
         Sec. 47A.004.  ADMINISTRATION OF FUND. (a)  The corporation
  shall hold and invest the fund with the objective of maintaining
  sufficient liquidity to meet the needs of the fund while striving to
  maximize returns.  In managing the assets of the fund, through
  procedures and subject to restrictions the corporation considers
  appropriate, the corporation may acquire, exchange, sell,
  supervise, manage, or retain any type of investment that a person of
  ordinary prudence, discretion, and intelligence, exercising
  reasonable care, skill, and caution, would acquire, exchange, sell,
  supervise, manage, or retain in light of the fund's investment
  objective.
         (b)  The corporation may charge a fee not to exceed the
  amount necessary to cover the costs estimated to be incurred by the
  corporation in managing and investing the fund.  The fee may be
  assessed on the available balance of the fund each fiscal year.
         Sec. 47A.005.  SCHOOL SAFETY GRANTS. (a)  The commissioner
  shall establish a school safety grant program using proceeds of the
  fund to provide grants to school districts and open-enrollment
  charter schools.
         (b)  The commissioner may only award a grant to a school
  district or open-enrollment charter school to reimburse the
  district or school for 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 $10 million to a school district or
  open-enrollment charter school.
         (d)  The commissioner may award grants each school year not
  to exceed a total amount of $250 million.
         (e)  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.
         (f)  Notwithstanding Subsection (c) and subject to the
  limitation under Subsection (d), 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.
         Sec. 47A.006.  RULES. The commissioner, in consultation
  with the corporation, may adopt rules as necessary to implement
  this chapter.
         SECTION 9.  (a)  Except as provided by Subsections (b) and
  (c) of this section, this Act applies beginning with the 2023-2024
  school year.
         (b)  Notwithstanding Section 22.904, Education Code, as
  added by this Act, a school district must require the district's
  employees to complete the mental health first aid training required
  under that section as follows:
               (1)  at least 25 percent of the applicable district
  employees before the beginning of the 2025-2026 school year;
               (2)  at least 50 percent of the applicable district
  employees before the beginning of the 2026-2027 school year;
               (3)  at least 75 percent of the applicable district
  employees before the beginning of the 2027-2028 school year; and
               (4)  100 percent of the applicable district employees
  before the beginning of the 2028-2029 school year.
         (c)  Chapter 47A, Education Code, as added by this Act,
  applies beginning with the 2024-2025 school year.
         SECTION 10.  (a) Except as provided by Subsections (b) and
  (c) of this section, this Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2023.
         (b)  Sections 48.115 and 48.257, Education Code, as amended
  by this Act, take effect September 1, 2023.
         (c)  Section 8 of this Act takes effect January 1, 2024, but
  only if the constitutional amendment proposed by the 88th
  Legislature, Regular Session, 2023, creating the state school
  safety fund to provide financial support for projects that enhance
  the safety of public schools in this state is approved by the
  voters.  If that constitutional amendment is not approved by the
  voters, Section 8 of this Act has no effect.