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A BILL TO BE ENTITLED
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AN ACT
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relating to a school security volunteer program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0816 to read as follows: |
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Sec. 37.0816. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In |
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this section: |
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(1) "Honorably retired" has the meaning assigned by |
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Section 411.199(c), Government Code. |
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(2) "Qualified retired law enforcement officer" means |
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a person who: |
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(A) meets the qualifications provided by 18 |
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U.S.C. Section 926C(c); and |
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(B) is honorably retired. |
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(3) "Veteran" has the meaning assigned by Section |
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521.1235, Transportation Code. |
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(b) The board of trustees of a school district or the |
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governing body of an open-enrollment charter school may approve a |
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program under which the district or school provides written |
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regulations or written authorization for eligible persons to serve |
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as school security volunteers by: |
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(1) providing security services for the district or |
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school on school grounds, including any location in which an |
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activity sponsored by the district or school is being conducted, |
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and in school vehicles; and |
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(2) carrying a handgun in providing the security |
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services under Subdivision (1). |
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(c) A person is eligible to serve as a school security |
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volunteer for a program approved under this section only if: |
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(1) the person is not: |
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(A) an employee of the district or school; |
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(B) a contractor providing services under a |
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contract with the district or school; or |
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(C) a person who otherwise receives compensation |
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or remuneration from the district or school; |
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(2) the person is: |
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(A) a qualified retired law enforcement officer; |
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or |
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(B) a veteran; and |
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(3) the board of trustees or governing body determines |
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the person is eligible based on the results of a criminal background |
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check conducted on the person using criminal history record |
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information obtained by the district or school in accordance with |
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Section 22.0835. |
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(d) A school district or open-enrollment charter school |
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that approves a program under this section must include the program |
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in the district's or school's multihazard emergency operations plan |
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required under Section 37.108. |
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(e) A school district or open-enrollment charter school |
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that approves a program under this section must provide to each |
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school security volunteer a course of instruction on the safety and |
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security policies of the district or school and must include |
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instruction about the district's or school's multihazard emergency |
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operations plan adopted under Section 37.108. |
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(f) A school security volunteer is immune from civil |
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liability to the same extent as a professional employee of a school |
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district under Section 22.0511. This subsection does not limit the |
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liability of a person for intentional misconduct or gross |
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negligence. |
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(g) While providing volunteer security services under |
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Subsection (b), a school security volunteer may not wear a uniform |
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or badge that: |
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(1) contains the word "security"; or |
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(2) gives the person the appearance of being a peace |
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officer, personal protection officer, or security officer. |
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SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is |
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amended by adding Section 1702.334 to read as follows: |
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Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter |
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does not apply to a person who serves as a school security volunteer |
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for a school district or open-enrollment charter school under a |
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program adopted under Section 37.0816, Education Code. |
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SECTION 3. The change in law made by this Act applies |
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beginning with the 2023-2024 school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |