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A BILL TO BE ENTITLED
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AN ACT
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relating to memoranda of understanding for the provision of school |
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resource officers at public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.081, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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(a-3) to read as follows: |
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(a) The board of trustees of any school district may employ |
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security personnel, enter into a memorandum of understanding with a |
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local law enforcement agency or a county or municipality that is the |
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employing political subdivision of commissioned peace officers for |
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the provision of school resource officers, and commission peace |
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officers to carry out this subchapter. If a board of trustees |
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authorizes a person employed as security personnel to carry a |
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weapon, the person must be a commissioned peace officer. The |
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jurisdiction of a peace officer, a school resource officer, or |
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security personnel under this section shall be determined by the |
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board of trustees and may include all territory in the boundaries of |
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the school district and all property outside the boundaries of the |
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district that is owned, leased, or rented by or otherwise under the |
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control of the school district and the board of trustees that employ |
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the peace officer or security personnel or that enter into a |
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memorandum of understanding for the provision of a school resource |
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officer. |
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(a-1) A memorandum of understanding for the provision of |
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school resource officers entered into under Subsection (a) must: |
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(1) be in the form of an interlocal contract under |
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Chapter 791, Government Code; and |
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(2) use a proportionate cost allocation methodology to |
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address any costs or fees incurred by the school district or the |
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local law enforcement agency, county, or municipality, as |
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applicable. |
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(a-2) The cost allocation methodology used under Subsection |
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(a-1)(2) may allow a local law enforcement agency, county, or |
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municipality, as applicable, to recoup direct costs incurred as a |
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result of the contract but may not allow the agency, county, or |
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municipality to profit under the contract. |
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(a-3) A school district, local law enforcement agency, |
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county, or municipality that enters into a memorandum of |
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understanding under Subsection (a) may seek funding from federal, |
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state, and private sources to support the cost of providing school |
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resource officers under this section. |
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SECTION 2. The change in law made by this Act to Section |
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37.081, Education Code, applies only to a memorandum of |
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understanding under that section that is entered into on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |