88R7919 JTZ-D
 
  By: Dutton H.B. No. 2269
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to memoranda of understanding for the provision of school
  resource officers at public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.081, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), and
  (a-3) to read as follows:
         (a)  The board of trustees of any school district may employ
  security personnel, enter into a memorandum of understanding with a
  local law enforcement agency or a county or municipality that is the
  employing political subdivision of commissioned peace officers for
  the provision of school resource officers, and commission peace
  officers to carry out this subchapter.  If a board of trustees
  authorizes a person employed as security personnel to carry a
  weapon, the person must be a commissioned peace officer.  The
  jurisdiction of a peace officer, a school resource officer, or
  security personnel under this section shall be determined by the
  board of trustees and may include all territory in the boundaries of
  the school district and all property outside the boundaries of the
  district that is owned, leased, or rented by or otherwise under the
  control of the school district and the board of trustees that employ
  the peace officer or security personnel or that enter into a
  memorandum of understanding for the provision of a school resource
  officer.
         (a-1)  A memorandum of understanding for the provision of
  school resource officers entered into under Subsection (a) must:
               (1)  be in the form of an interlocal contract under
  Chapter 791, Government Code; and
               (2)  use a proportionate cost allocation methodology to
  address any costs or fees incurred by the school district or the
  local law enforcement agency, county, or municipality, as
  applicable. 
         (a-2)  The cost allocation methodology used under Subsection
  (a-1)(2) may allow a local law enforcement agency, county, or
  municipality, as applicable, to recoup direct costs incurred as a
  result of the contract but may not allow the agency, county, or
  municipality to profit under the contract.
         (a-3)  A school district, local law enforcement agency,
  county, or municipality that enters into a memorandum of
  understanding under Subsection (a) may seek funding from federal,
  state, and private sources to support the cost of providing school
  resource officers under this section.
         SECTION 2.  The change in law made by this Act to Section
  37.081, Education Code, applies only to a memorandum of
  understanding under that section that is entered into on or after
  the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.