88R29639 ANG-D
 
  By: Nichols, et al. S.B. No. 11
 
  (King of Hemphill)
 
  Substitute the following for S.B. No. 11:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to measures for ensuring safety and security in public
  schools, including measures related to the health and safety of
  public school students and active shooter training for certain
  peace officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.028(a), Education Code, is amended to
  read as follows:
         (a)  Except as provided by Section 21.006(k), 22.093(l),
  22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 38.003,
  or 39.003, the agency may monitor compliance with requirements
  applicable to a process or program provided by a school district,
  campus, program, or school granted charters under Chapter 12,
  including the process described by Subchapter F, Chapter 11, or a
  program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
  or Subchapter A, Chapter 37, only as necessary to ensure:
               (1)  compliance with federal law and regulations;
               (2)  financial accountability, including compliance
  with grant requirements;
               (3)  data integrity for purposes of:
                     (A)  the Public Education Information Management
  System (PEIMS); and
                     (B)  accountability under Chapters 39 and 39A; and
               (4)  qualification for funding under Chapter 48.
         SECTION 2.  Sections 7.061(b) and (c), Education Code, are
  amended to read as follows:
         (b)  The commissioner shall adopt or amend rules as necessary
  to ensure that facilities [building] standards for instructional
  facilities and other school district and open-enrollment charter
  school facilities, including construction quality, performance,
  operational, and other standards related to the safety and security
  of school facilities, provide a secure and safe environment.  In
  adopting or amending rules under this section, the commissioner
  shall include the use of best practices for:
               (1)  the design and construction of new facilities; and
               (2)  the improvement, renovation, and retrofitting of
  existing facilities.
         (c)  Not later than September 1 of each even-numbered year,
  the commissioner shall review all rules adopted or amended under
  this section and amend the rules as necessary to ensure that
  facilities [building] standards for school district and
  open-enrollment charter school facilities continue to provide a
  secure and safe environment. In reviewing and amending the rules,
  the commissioner shall:
               (1)  in consultation with the Texas School Safety
  Center, identify and adopt any changes recommended under Section
  37.221; and
               (2)  require that new and, to the extent feasible,
  existing school facilities meet or exceed the standards established
  by rule under this section and described by Section 37.351.
         SECTION 3.  Subchapter B, Chapter 8, Education Code, is
  amended by adding Section 8.064 to read as follows:
         Sec. 8.064.  SCHOOL SAFETY SUPPORT. A regional education
  service center shall act as a school safety resource, using
  materials and resources developed by the Texas School Safety Center
  or the agency in accordance with Chapter 37, for school districts
  and open-enrollment charter schools in the region served by the
  center.  The center may assist a school district or open-enrollment
  charter school directly or in collaboration with the Texas School
  Safety Center and local law enforcement agencies, as applicable:
               (1)  in developing and implementing a multihazard
  emergency operations plan under Section 37.108;
               (2)  in establishing a school safety and security
  committee under Section 37.109;
               (3)  in conducting emergency school drills and
  exercises;
               (4)  in addressing deficiencies in campus security
  identified by an on-site audit conducted by the agency under
  Section 37.1083; and
               (5)  by providing guidance on any other matter relating
  to school safety and security.
         SECTION 4.  Section 11.201(c), Education Code, is amended to
  read as follows:
         (c)  For purposes of this subsection, "severance payment"
  means any amount paid by the board of trustees of an independent
  school district to or in behalf of a superintendent on early
  termination of the superintendent's contract that exceeds the
  amount earned by the superintendent under the contract as of the
  date of termination, including any amount that exceeds the amount
  of earned standard salary and benefits that is paid as a condition
  of early termination of the contract.  The board of trustees may not
  make a severance payment to a superintendent who was terminated as a
  result of the district's noncompliance with safety and security
  requirements as provided by Section 37.1084.  The board of trustees
  that makes a severance payment to a superintendent shall report the
  terms of the severance payment to the commissioner.  The
  commissioner shall reduce the district's Foundation School Program
  funds by any amount that the amount of the severance payment to the
  superintendent exceeds an amount equal to one year's salary and
  benefits under the superintendent's terminated contract. The
  commissioner may adopt rules as necessary to administer this
  subsection.
         SECTION 5.  Section 12.104(b), Education Code, as amended by
  Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
  2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
  Session, 2021, is reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  the provisions in Chapter 554, Government Code;
  and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
  25.001;
                     (V)  school safety requirements under Sections
  37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.109,
  37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter
  J, Chapter 37;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; and
                     (Y) [(X)]  parental options to retain a student
  under Section 28.02124.
         SECTION 6.  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)  Except
  as otherwise provided by this section, 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)  A school district may not require a district employee
  who has previously completed mental health first aid training
  offered by a local mental health authority under Section 1001.203,
  Health and Safety Code, to complete the training required by this
  section.
         (c)  The agency shall provide an allotment to each school
  district equal to the sum of the amount district employees spent on
  travel and training fees and the product of each employee's hourly
  salary multiplied by the number of hours that employee spent
  completing the training 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 and to compensate the employee for the time
  spent completing the training required by this section.
         (d)  The State Board for Educator Certification shall
  propose rules allowing an educator to receive credit toward the
  educator's continuing education requirements under Section
  21.054(g) for the educator's participation in mental health first
  aid training under this section.
         (e)  The commissioner shall adopt rules to implement this
  section, including rules specifying the training fees and travel
  expenses subject to reimbursement under Subsection (c).
         SECTION 7.  Section 25.002(a), Education Code, is amended to
  read as follows:
         (a)  If a parent or other person with legal control of a child
  under a court order enrolls the child in a public school, the parent
  or other person or the school district in which the child most
  recently attended school shall furnish to the school district:
               (1)  the child's birth certificate or another document
  suitable as proof of the child's identity;
               (2)  a copy of the child's records from the school the
  child most recently attended if the child has been previously
  enrolled in a school in this state or another state, including for a
  child who most recently attended a public school in this state, a
  copy of the child's disciplinary record and any threat assessment
  involving the child's behavior conducted under Section 37.115; and
               (3)  a record showing that the child has the
  immunizations as required under Section 38.001, in the case of a
  child required under that section to be immunized, proof as
  required by that section showing that the child is not required to
  be immunized, or proof that the child is entitled to provisional
  admission under that section and under rules adopted under that
  section.
         SECTION 8.  Section 25.036, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In the case of a transfer under this section, a child's
  school district of residence shall provide the receiving district
  with the child's disciplinary record and any threat assessment
  involving the child's behavior conducted under Section 37.115.
         SECTION 9.  Section 29.202(a), Education Code, is amended to
  read as follows:
         (a)  A student is eligible to receive a public education
  grant or to attend another public school in the district in which
  the student resides under this subchapter if the student is
  assigned to attend a public school campus:
               (1)  assigned an unacceptable performance rating that
  is made publicly available under Section 39.054; or
               (2)  determined by the commissioner to be noncompliant
  with safety and security requirements under Section 37.1084.
         SECTION 10.  Subchapter Z, Chapter 29, Education Code, is
  amended by adding Section 29.9074 to read as follows:
         Sec. 29.9074.  FENTANYL POISONING AWARENESS WEEK. (a)  To
  educate students about the dangers posed by the drug fentanyl and
  the risks of fentanyl poisoning, including overdose, the governor
  shall designate a week to be known as Fentanyl Poisoning Awareness
  Week in public schools.
         (b)  Fentanyl Poisoning Awareness Week may include
  age-appropriate instruction, including instruction on the
  prevention of the abuse of and addiction to fentanyl, as determined
  by each school district.
         SECTION 11.  Section 37.081, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
  and (a-4) to read as follows:
         (a)  The board of trustees of any school district may:
               (1)  employ or contract with security personnel;
               (2)  [,] 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;
               (3)  for the purposes of providing security personnel,
  contract with a security services contractor licensed under Chapter
  1702, Occupations Code, for the provision of a commissioned
  security officer, as defined by Section 1702.002, Occupations Code,
  who has completed the Level II or III training course required by
  the Department of Public Safety; [,] and
               (4)  commission peace officers to carry out this
  subchapter.  
         (a-1)  [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 or contract with, as applicable,
  the peace officer or security personnel or that enter into a
  memorandum of understanding for the provision of a school resource
  officer.
         (a-2)  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-3)  The cost allocation methodology used under Subsection
  (a-2)(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-4)  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 12.  Section 37.0812(a), Education Code, is amended
  to read as follows:
         (a)  A school district peace officer or school resource
  officer shall complete an active shooter response training program
  approved by the Texas Commission on Law Enforcement at least once in
  each four-year period.
         SECTION 13.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.08121 to read as follows:
         Sec. 37.08121.  SCHOOL SENTINEL PROGRAM, TRAINING, AND
  STIPEND.  (a)  In this section, "school sentinel" 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)  A school district or open-enrollment charter school may
  establish a school sentinel program in accordance with this section
  for the purposes of school safety and security on school premises.  
  The written regulation or authorization of a school district or
  open-enrollment charter school that authorizes the presence of a
  school sentinel must require the sentinel to complete a school
  sentinel 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)  A school district or open-enrollment charter school
  that authorizes the presence of a school sentinel under this
  section shall: 
               (1)  designate a marking or uniform that identifies to
  a law enforcement agency that the person is a school sentinel;
               (2)  require each school sentinel to wear a marking or
  uniform described by Subdivision (1) while providing school
  sentinel services at the district or school in the manner provided
  under Subsection (b); and
               (3)  maintain information regarding the marking or
  uniform designated under Subdivision (1) as confidential except
  that the district or school shall disclose the information to an
  appropriate law enforcement agency in accordance with Section
  37.108(g).
         (d)  The agency may only approve a school sentinel 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.
         (e)  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 sentinel 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.
         (f)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 14.  Section 37.108, Education Code, is amended by
  amending Subsections (a), (b), (f), and (g) and adding Subsection
  (h) to read as follows:
         (a)  Each school district or public junior college district
  shall adopt and implement a multihazard emergency operations plan
  for use in the district's facilities. The plan must address
  prevention, mitigation, preparedness, response, and recovery as
  defined by the Texas School Safety Center in conjunction with the
  governor's office of homeland security, [and] the commissioner of
  education, and the [or] commissioner of higher education[, as
  applicable]. The plan must provide for:
               (1)  training in responding to an emergency for
  district employees, including substitute teachers;
               (2)  measures to ensure district employees, including
  substitute teachers, have classroom access to a telephone,
  including a cellular telephone, or another electronic
  communication device allowing for immediate contact with district
  emergency services and [or] emergency services agencies, law
  enforcement agencies, health departments, and fire departments;
               (3)  measures to ensure district communications
  technology and infrastructure are adequate to allow for
  communication during an emergency;
               (4)  if the plan applies to a school district,
  mandatory school drills and exercises, including drills required
  under Section 37.114, to prepare district students and employees
  for responding to an emergency;
               (5)  measures to ensure coordination with the
  Department of State Health Services and local emergency management
  agencies, law enforcement, health departments, and fire
  departments in the event of an emergency; [and]
               (6)  the implementation of a safety and security audit
  as required by Subsection (b);
               (7)  documentation related to the district's compliance
  with safety and security facility standards, including:
                     (A)  campus site plans;
                     (B)  documentation of exterior door numbering for
  each campus; and
                     (C)  any good cause exceptions claimed by the
  district under Section 37.352;
               (8)  evidence-based strategies to create a positive and
  safe school environment, including:
                     (A)  family engagement programs;
                     (B)  employee training on multi-tiered systems of
  support for academic and behavioral success;
                     (C)  efforts to respond to chronic absenteeism;
                     (D)  integrating the trauma-informed practices
  established by the district's trauma-informed care policy under
  Section 38.036; and
                     (E)  opportunities for community feedback on the
  implementation of the measures required by this subdivision; and
               (9)  any other requirements established by the Texas
  School Safety Center in consultation with the agency.
         (b)  At least once every three years, each school district or
  public junior college district shall conduct a safety and security
  audit of the district's facilities.  A [To the extent possible, a]
  district, or a person included in the registry established by the
  Texas School Safety Center under Section 37.2091 who is engaged by
  the district to conduct a safety and security audit, shall follow
  safety and security audit procedures developed by the Texas School
  Safety Center in coordination with the commissioner of education or
  commissioner of higher education, as applicable [or a person
  included in the registry established by the Texas School Safety
  Center under Section 37.2091].
         (f)  A school district shall include in its multihazard
  emergency operations plan:
               (1)  a chain of command that designates the individual
  responsible for making final decisions during a disaster or
  emergency situation and identifies other individuals responsible
  for making those decisions if the designated person is unavailable;
               (2)  provisions that address physical and
  psychological safety for responding to a natural disaster, active
  shooter, and any other dangerous scenario identified for purposes
  of this section by the agency or the Texas School Safety Center;
               (3)  provisions for ensuring the safety of students in
  portable buildings;
               (4)  provisions for ensuring that students and district
  personnel with disabilities are provided equal access to safety
  during a disaster or emergency situation;
               (5)  provisions for providing immediate notification
  to parents, guardians, and other persons standing in parental
  relation in circumstances involving a significant threat to the
  health or safety of students, including identification of the
  individual with responsibility for overseeing the notification;
               (6)  provisions for supporting the psychological
  safety of students, district personnel, and the community during
  the response and recovery phase following a disaster or emergency
  situation that:
                     (A)  are aligned with best practice-based
  programs and research-based practices recommended under Section
  38.351;
                     (B)  include strategies for ensuring any required
  professional development training for suicide prevention and
  grief-informed and trauma-informed care is provided to appropriate
  school personnel;
                     (C)  include training on integrating
  psychological safety and suicide prevention strategies into the
  district's plan, such as psychological first aid for schools
  training, from an approved list of recommended training established
  by the commissioner and Texas School Safety Center for:
                           (i)  members of the district's school safety
  and security committee under Section 37.109;
                           (ii)  district school counselors and mental
  health professionals; and
                           (iii)  educators and other district
  personnel as determined by the district;
                     (D)  include strategies and procedures for
  integrating and supporting physical and psychological safety that
  align with the provisions described by Subdivision (2); and
                     (E)  implement trauma-informed policies;
               (7)  a policy for providing a substitute teacher access
  to school campus buildings and materials necessary for the
  substitute teacher to carry out the duties of a district employee
  during an emergency or a mandatory emergency drill; [and]
               (8)  the name of each individual on the district's
  school safety and security committee established under Section
  37.109 and the date of each committee meeting during the preceding
  year; and
               (9)  certification that the district is in compliance
  with Section 37.117, requiring the district to provide the
  Department of Public Safety, local law enforcement agencies, and
  emergency first responders with an accurate map for all district
  campuses and school buildings.
         (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)  information regarding the identity of the school
  sentinel authorized under Section 37.08121 at each district campus
  and the marking or uniform worn by the school sentinel or other
  manner in which a law enforcement agency may confidentially
  identify the school sentinel;
               (2)  an accurate map of each district campus that meets
  the requirements of Section 37.117; and
               (3)  an opportunity to conduct a walk-through of each
  district facility using the map of the district campus described by
  Subdivision (2).  [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.]
         (h)  The Texas School Safety Center and the agency shall
  provide school safety-related data collected by the center or
  agency to each other on request.
         SECTION 15.  Section 37.1081(a), Education Code, is amended
  to read as follows:
         (a)  If the board of trustees of a school district receives
  notice of noncompliance under Section 37.207(e) or 37.2071(d) or
  (g) [37.2071(g)], the board shall hold a public hearing to notify
  the public of:
               (1)  the district's failure to:
                     (A)  submit or correct deficiencies in a
  multihazard emergency operations plan; or
                     (B)  report the results of a safety and security
  audit to the Texas School Safety Center as required by law;
               (2)  the dates during which the district has not been in
  compliance; and
               (3)  the names of each member of the board of trustees
  and the superintendent serving in that capacity during the dates
  the district was not in compliance.
         SECTION 16.  The heading to Section 37.1082, Education Code,
  is amended to read as follows:
         Sec. 37.1082.  MULTIHAZARD EMERGENCY OPERATIONS PLAN
  NONCOMPLIANCE; APPOINTMENT OF AGENCY MONITOR, CONSERVATOR, OR
  BOARD OF MANAGERS.
         SECTION 17.  Sections 37.1082(a) and (b), Education Code,
  are amended to read as follows:
         (a)  If the agency receives notice from the Texas School
  Safety Center of a school district's failure to submit a
  multihazard emergency operations plan, the commissioner may
  appoint an agency monitor [a conservator] for the district under
  Chapter 39A. The agency monitor [conservator] may participate in
  and report to the agency on the district's adoption,
  implementation, and submission of [order the district to adopt,
  implement, and submit] a multihazard emergency operations plan.
         (b)  If a district fails to comply with an agency monitor's
  requests regarding the district's adoption, implementation, and
  submission of [a conservator's order to adopt, implement, and
  submit] a multihazard emergency operations plan within the time
  frame imposed by the commissioner, the commissioner may appoint a
  conservator or board of managers under Chapter 39A to oversee the
  operations of the district.
         SECTION 18.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Sections 37.1083, 37.1084, 37.1085, and 37.1131
  to read as follows:
         Sec. 37.1083.  AGENCY MONITORING OF SCHOOL DISTRICT SAFETY
  AND SECURITY REQUIREMENTS. (a) The agency shall monitor school
  district compliance with safety and security requirements,
  including by annually conducting on-site audits of school
  districts.  The agency may conduct the on-site audits using a cycle
  of random selection.  The on-site audits must be conducted in
  accordance with criteria developed by the agency in consultation
  with the Texas School Safety Center.
         (b)  The monitoring must include intruder detection audits
  of each school district to determine whether an intruder could gain
  unsecured, unauthorized access to a district campus.  The agency
  shall ensure that an intruder detection audit is conducted annually
  at each school district and that the audit includes an on-site audit
  of not less than 25 percent of the district's campuses.
         (c)  The agency shall establish an office of school safety
  and security within the agency that consists of individuals with
  substantial expertise and experience in school or law enforcement
  safety and security operations and oversight at the local, state,
  or federal level to coordinate the agency's monitoring of school
  district safety and security requirements under this section. The
  director of the office is appointed by the governor and confirmed by
  the senate and must report directly to the commissioner.
         (d)  The agency shall, in coordination with the Texas School
  Safety Center, provide technical assistance to support
  implementation of school district multihazard emergency operations
  plans and safety and security audits and other school district
  safety and security requirements.
         (e)  The agency may use or require the use of third parties to
  conduct the monitoring required under this section.
         (f)  The agency and the Texas School Safety Center may
  identify, develop, and make available to school districts
  information to assist districts in the implementation and operation
  of safety and security requirements.
         (g)  The agency may require a school district to submit
  information necessary for the agency to conduct an on-site audit or
  otherwise monitor school district compliance with safety and
  security requirements under this section, including:
               (1)  notice of an event requiring a district's
  emergency response; and
               (2)  information regarding the district's response and
  use of emergency operations procedures during an event described by
  Subdivision (1).
         (h)  The agency may review school district records as
  necessary to ensure compliance with this subchapter and Subchapters
  G and J.
         (i)  Any document or information collected, identified,
  developed, or produced relating to the monitoring of school
  district safety and security requirements under this section is
  confidential under Sections 418.177 and 418.181, Government Code,
  and not subject to disclosure under Chapter 552, Government Code.
         (j)  The commissioner may adopt rules as necessary to
  administer this section.
         Sec. 37.1084.  ACTIONS BASED ON NONCOMPLIANCE WITH SAFETY
  AND SECURITY REQUIREMENTS. (a)  For purposes of this section, the
  commissioner may determine that a school district or a campus of the
  district is noncompliant with the safety and security requirements
  under Section 37.1083 if the district fails to:
               (1)  submit to the required monitoring under that
  section;
               (2)  comply with applicable safety and security
  requirements; or
               (3)  address in a reasonable time period, as determined
  by commissioner rule, issues raised by the agency's monitoring of
  the district under that section.
         (b)  A student enrolled in a school district determined to be
  noncompliant under Subsection (a) is eligible to receive a public
  education grant to attend a school in a district other than the
  district in which the student resides as provided by Subchapter G,
  Chapter 29.
         (c)  If the superintendent or an administrator of a school
  district is terminated by the board of trustees of the district as a
  result of a determination that the district was noncompliant under
  Subsection (a), the board may not make a severance payment of any
  amount to the superintendent or administrator.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         Sec. 37.1085.  ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE
  WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a)  The
  commissioner may assign a conservator under Chapter 39A if a school
  district fails to:
               (1)  submit to any required monitoring or audit under
  Section 37.1083;
               (2)  comply with applicable safety and security
  requirements; or
               (3)  address in a reasonable time period, as determined
  by commissioner rule, issues raised by the agency's monitoring or
  audit of the district under Section 37.1083.
         (b)  A conservator assigned to a district under this section
  may exercise the powers and duties of a conservator under Section
  39A.003 only to correct a failure identified under Subsection (a).
         Sec. 37.1131.  NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)
  The agency shall develop model standards for providing notice
  regarding violent activity that has occurred or is being
  investigated at a school district campus or other district facility
  or at a district-sponsored activity to parents, guardians, and
  other persons standing in parental relation to students who are
  assigned to the campus, regularly use the facility, or are
  attending the activity, as applicable.  The standards must:
               (1)  include electronic notification through text
  messaging and e-mail;
               (2)  provide an option for real-time notification; and
               (3)  protect student privacy.
         (b)  Each school district shall adopt a policy for providing
  notice described by Subsection (a) in a manner that meets the
  standards adopted under that subsection.
         SECTION 19.  Section 37.115, Education Code, is amended by
  amending Subsection (c) and adding Subsections (j-1) and (j-2) 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.
         (j-1)  Materials and information provided to or produced by a
  team during a threat assessment of a student under this section must
  be maintained in the student's school record until the student's
  24th birthday.
         (j-2)  If a person destroys material or information
  described by Subsection (j-1) before the period of maintenance
  required under that subsection has expired, the board of trustees
  of a school district may not renew the person's employment contract
  with the school district.
         SECTION 20.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Sections 37.116 and 37.117 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 costs
  identified by a district or school as necessary to enhance the
  infrastructure of a district or school campus to meet agency safety
  standards.
         (b)  The commissioner shall adopt rules to implement this
  section.
         Sec. 37.117.  EMERGENCY RESPONSE MAP. Each school district
  and open-enrollment charter school shall provide to the Department
  of Public Safety and all appropriate local law enforcement agencies
  and emergency first responders an accurate map of each district
  campus and school building that is:
               (1)  oriented to true north; and
               (2)  developed and documented in accordance with the
  standards described by Section 37.351 related to developing site
  and floor plans, access control, and exterior door numbering.
         SECTION 21.  Sections 37.2071(b), (c), (d), (f), (g), and
  (h), Education Code, are amended to read as follows:
         (b)  A school district or public junior college district
  shall submit its multihazard emergency operations plan to the
  center:
               (1)  not later than the 30th day after the date [on
  request of] the center requests the submission; and
               (2)  in accordance with the center's review cycle
  developed under Subsection (a).
         (c)  The center shall review each district's multihazard
  emergency operations plan submitted under Subsection (b) and:
               (1)  verify the plan meets the requirements of Section
  37.108; or
               (2)  provide the district with written notice:
                     (A)  describing the plan's deficiencies; [and]
                     (B)  including specific recommendations to
  correct the deficiencies; and
                     (C)  stating that the district must correct the
  deficiencies in its plan and resubmit the revised plan to the
  center.
         (d)  If a district fails to submit its multihazard emergency
  operations plan to the center for review following a notification
  by the center that the district has failed to submit the district's
  plan, the center shall provide the district with written notice
  stating that the district must hold a public hearing under Section
  37.1081[:
               [(1)  has failed to submit a plan; and
               [(2)  must submit a plan to the center for review and
  verification].
         (f)  If one month [three months] after the date of initial
  notification of a plan's deficiencies under Subsection (c)(2) [or
  failure to submit a plan under Subsection (d)] a district has not
  corrected the plan deficiencies [or has failed to submit a plan],
  the center shall provide written notice to the district and agency
  that the district has not complied with the requirements of this
  section and must comply immediately.
         (g)  If a school district still has not corrected the plan
  deficiencies three [or has failed to submit a plan six] months after
  the date of initial notification under Subsection (c)(2) [or (d)],
  the center shall provide written notice to the school district
  stating that the district must hold a public hearing under Section
  37.1081.
         (h)  If a school district has failed to submit a plan, the
  notice required by Subsection (d) [(g)] must state that the
  commissioner is authorized to appoint an agency monitor [a
  conservator] under Section 37.1082.
         SECTION 22.  Section 37.2091, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A school district must confirm that a person is
  included in the registry established under Subsection (b) before
  the district may engage the person to provide school safety or
  security consulting services to the district.
         SECTION 23.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Sections 37.221 and 37.222 to read as follows:
         Sec. 37.221.  FACILITIES STANDARDS REVIEW. (a) At least
  once every five years, the center shall review the facilities
  standards for instructional facilities adopted under Section 7.061
  and make recommendations to the commissioner regarding any changes
  necessary to ensure that the facilities standards reflect best
  practices for improving school safety through the design and
  construction of school facilities.
         (b)  The center and commissioner may consult with
  stakeholders with relevant expertise regarding whether any updates
  to requirements for the use of funds granted or allocated to school
  districts for purposes of improving the safety and security of
  school facilities are necessary to align with best practices.
         (c)  In updating facilities standards, the commissioner
  shall:
               (1)  incorporate input from the center and stakeholders
  with relevant expertise regarding best practices for standards
  applicable to the design and construction of school facilities; and
               (2)  ensure the standards are updated as necessary to
  ensure compliance with any changes to state law and local building
  codes.
         Sec. 37.222.  RESOURCES ON SAFE FIREARM STORAGE.  (a)  The
  center, in collaboration with the Department of Public Safety,
  shall provide to each school district and open-enrollment charter
  school information and other resources regarding the safe storage
  of firearms for distribution by the district or school under
  Subsection (b), including information on:
               (1)  the offense under Section 46.13, Penal Code; and
               (2)  ways in which parents and guardians can
  effectively prevent children from accessing firearms.
         (b)  Each school district and open-enrollment charter school
  shall provide the information and other resources described under
  Subsection (a) to the parent or guardian of each student enrolled in
  the district or school.
         SECTION 24.  Chapter 37, Education Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES
         Sec. 37.351.  FACILITIES STANDARDS COMPLIANCE. (a) A school
  district must ensure that each district facility complies with each
  school facilities standard, including performance standards and
  operational requirements, related to safety and security adopted
  under Section 7.061(c) or provided by other law or agency rule.
         (b)  A school district must develop and maintain
  documentation of the district's implementation of and compliance
  with school safety and security facilities standards for each
  district facility, and, if requested by the agency, provide that
  documentation to the agency in the manner prescribed by the agency.
         (c)  A school district shall provide the documentation
  described by Subsection (b) to: 
               (1)  the district's school safety and security
  committee established under Section 37.109; and
               (2)  the board of trustees of the district.
         Sec. 37.352.  GOOD CAUSE EXCEPTION. (a) If a school district
  is unable to bring a district facility into compliance with a school
  facilities standard related to safety and security, the district
  may claim a good cause exception from the requirement to comply with
  that standard, including for a reason related to: 
               (1)  the age, physical design, or location of the
  noncompliant facility;
               (2)  the projected remaining use or functional life of
  the noncompliant facility;
               (3)  availability of funding; or
               (4)  supply chain obstacles. 
         (b)  A school district that claims a good cause exception
  under Subsection (a) must develop an alternative performance
  standard with which the district is able to comply.
         Sec. 37.353.  USE OF FUNDING FOR FACILITIES STANDARDS
  COMPLIANCE. The commissioner may authorize a school district to
  use money provided to the district for the purpose of improving
  school safety and security, including the school safety allotment
  under Section 48.115 or any other funding or grant money available
  to the district for that purpose, to comply with the requirements of
  this subchapter.
         SECTION 25.  Section 38.022, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A school district may require a person who enters
  property under the district's control [a district campus] to
  display the person's driver's license, [or] another form of
  identification containing the person's photograph issued by a
  governmental entity, or, if applicable, the person's district
  employee or student identification card.  The person must provide
  the identification on request.
         (a-1)  A school district may eject a person from district
  property if:
               (1)  the person refuses or fails to provide on request
  identification described by Subsection (a); and
               (2)  it reasonably appears that the person has no
  legitimate reason to be on district property.
         SECTION 26.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Sections 38.040, 38.046, and 38.047 to read as
  follows:
         Sec. 38.040.  FENTANYL ABUSE PREVENTION AND DRUG POISONING
  AWARENESS EDUCATION. (a) Each school district shall annually
  provide research-based instruction related to fentanyl abuse
  prevention and drug poisoning awareness to students in grades 6
  through 12.
         (b)  The instruction required by this section must include:
               (1)  suicide prevention;
               (2)  prevention of the abuse of and addiction to
  fentanyl;
               (3)  awareness of local school and community resources
  and any processes involved in accessing those resources; and
               (4)  health education that includes information about
  substance use and abuse, including youth substance use and abuse.
         (c)  The instruction required by this section may be provided
  by an entity or an employee or agent of an entity that is: 
               (1)  a public or private institution of higher
  education;
               (2)  a library;
               (3)  a community service organization;
               (4)  a religious organization;
               (5)  a local public health agency; or
               (6)  an organization employing mental health
  professionals.
         Sec. 38.046.  FENTANYL CONTAMINATION TRAINING PROGRAM FOR
  SCHOOL PERSONNEL. (a) The agency, in cooperation with The
  University of Texas Health Science Center at San Antonio, shall
  develop:
               (1)  an evidence-based curriculum for students in
  grades 6 through 12 on the dangers of fentanyl contamination for use
  by school district and open-enrollment charter school employees;
  and
               (2)  a professional development training program on
  providing the training developed under Subdivision (1). 
         (b)  The agency shall distribute curriculum and training
  materials for the training program developed under this section to
  each regional education service center. 
         Sec. 38.047.  FENTANYL CONTAMINATION GRANT PROGRAM. (a) The
  agency shall establish a grant program to provide funding to school
  districts and open-enrollment charter schools for community and
  school outreach programs on the dangers of fentanyl contamination.
         (b)  The commissioner may adopt rules as necessary to
  administer the grant program established under this section.
         SECTION 27.  Section 38.351, Education Code, is amended by
  adding Subsection (g-1) to read as follows:
         (g-1)  A school district may satisfy a requirement to
  implement a program in the area of substance abuse prevention and
  intervention by providing instruction related to youth substance
  use and abuse education under Section 38.040.
         SECTION 28.  Subchapter E, Chapter 45, Education Code, is
  amended by adding Section 45.1011 to read as follows:
         Sec. 45.1011.  USE OF BOND PROCEEDS FOR SCHOOL SAFETY
  COMPLIANCE. (a) The proceeds of bonds issued by a school district
  for the construction and equipment of school buildings in the
  district and the purchase of the necessary sites for school
  buildings may be used to pay the costs associated with complying
  with school safety and security requirements for school facilities
  in accordance with Section 37.352.
         (b)  This subsection applies to a school district that has
  been determined by the agency, through the agency's monitoring of
  safety and security requirements under Section 37.1083, to not be
  in compliance with those requirements. Notwithstanding any other
  law, a school district to which this subsection applies must use a
  sufficient amount of the proceeds of bonds described by Subsection
  (a) to achieve compliance with applicable safety and security
  requirements in accordance with Section 37.352 before the district
  may use those proceeds for any other authorized purpose.
         SECTION 29.  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 or provide
  funding for the district or school for expenditures required for
  the implementation of school safety standards and requirements that
  have 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 $500 million.
         (e)  If the amount of grant requests under the program
  exceeds $500 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 $500 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.  TRANSFER OF MONEY TO COMMUNITIES IN SCHOOLS
  PROGRAM.  Each school year, if excess funds are available, the
  commissioner shall transfer an amount not to exceed $25 million
  from the fund to the Communities In Schools program under
  Subchapter E, Chapter 33.  The commissioner shall allocate money
  transferred under this section to local Communities In Schools
  programs using the funding formula developed under Section 33.156.
         Sec. 47A.007.  RULES. The commissioner, in consultation
  with the corporation, may adopt rules as necessary to implement
  this chapter.
         SECTION 30.  Section 48.115, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) 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 equal to the sum of the following amounts or a
  greater [in the] amount provided by appropriation:
               (1)  $100 for each student in average daily attendance,
  plus $1 for each student in average daily attendance per every $50
  by which the district's maximum basic allotment under Section
  48.051 exceeds $6,160, prorated as necessary; and
               (2)  $15,000 per campus.
         (a-1)  A school district campus that provides only virtual
  instruction or utilizes only facilities not subject to the
  district's control is not included for purposes of determining a
  school district's allotment under Subsection (a).
         (b)  Funds allocated under this section must be used to
  improve school safety and security, including costs associated
  with:
               (1)  securing school facilities in accordance with the
  requirements of Section 37.352, including:
                     (A)  improvements to school infrastructure;
                     (B)  the use or installation of perimeter security
  fencing conducive to a public school learning environment or
  physical barriers, which may not include razor wire fencing; [and]
                     (C)  exterior door and window safety and security
  upgrades, including exterior door numbering and locking systems and
  security film that provides resistance to a forced entry; and 
                     (D)  the purchase and maintenance of:
                           (i)  security cameras and, if the district
  has already installed security cameras, [or] other security
  equipment; and
                           (ii)  technology, including communications
  systems or devices, such as silent panic alert devices, two-way
  radios, or wireless Internet booster equipment, 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 other persons
  authorized by the board of trustees of the district and permitted by
  law to carry a weapon on school campus grounds; 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 measures [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; and
               (5)  employing a school safety director and other
  personnel to manage and monitor school safety initiatives and the
  implementation of school safety requirements for the district.
         SECTION 31.  Subchapter B, Chapter 85, Local Government
  Code, is amended by adding Section 85.024 to read as follows:
         Sec. 85.024.  SCHOOL SAFETY MEETINGS. (a) The sheriff of a
  county in which a public school is located shall call and conduct
  semiannual meetings to discuss:
               (1)  school safety;
               (2)  coordinated law enforcement response to school
  violence incidents;
               (3)  law enforcement agency capabilities;
               (4)  available resources;
               (5)  emergency radio interoperability;
               (6)  chain of command planning; and
               (7)  other related subjects proposed by a person in
  attendance at the meeting.
         (b)  The sheriff of a county in which more than one public
  school is located is only required to hold one semiannual meeting
  described by Subsection (a). This subsection does not require
  public schools located within the same county to adopt the same
  school safety policies.
         (c)  The following persons shall attend a meeting called
  under Subsection (a):
               (1)  the sheriff or the sheriff's designee;
               (2)  the police chief of a municipal police department
  in the county or the police chief's designee;
               (3)  each elected constable in the county or the
  constable's designees;
               (4)  each police chief of a school district's police
  department or school district security coordinator from each school
  district located in the county;
               (5)  a representative of the Department of Public
  Safety assigned to the county;
               (6)  a representative of each other state agency with
  commissioned peace officers assigned to the county;
               (7)  a person appointed to a command staff position at
  an emergency medical service in the county;
               (8)  a person appointed to a command staff position at a
  municipal emergency medical service in the county;
               (9)  a person appointed to a command staff position at a
  fire department in the county;
               (10)  the superintendent or the superintendent's
  designee of each school district located in the county;
               (11)  the person who serves the function of
  superintendent, or that person's designee, in each open-enrollment
  charter school located in the county; and
               (12)  any other person the sheriff considers
  appropriate.
         (d)  The sheriff shall invite any federal law enforcement
  official serving in the county to attend the meeting.
         (e)  As soon as practicable after a meeting under Subsection
  (a), the sheriff shall submit a report to the Texas School Safety
  Center identifying the attendees of the meeting and the subjects
  discussed. The Texas School Safety Center shall maintain the report
  and make it publicly available on the center's Internet website.  
  The center may not make publicly available and shall redact any
  parts of a report that the center determines may expose a safety
  vulnerability of a school district facility.
         SECTION 32.  Section 1701.253, Occupations Code, is amended
  by adding Subsection (q) to read as follows:
         (q)  As part of the minimum curriculum requirements, the
  commission shall require an officer to complete a training program
  on responding to an active shooter as provided by the Advanced Law
  Enforcement Rapid Response Training Center at Texas State
  University--San Marcos, or a similar organization approved by the
  commission. An officer shall complete the program not later than
  the second anniversary of the date the officer is licensed under
  this chapter unless the officer completes the program as part of the
  officer's basic training course. Completion of a training program
  under this subsection satisfies any other requirement for the
  officer to complete a training program on responding to active
  shooters, including under Section 37.0812(a), Education Code.
         SECTION 33.  Subchapter F, Chapter 1701, Occupations Code,
  is amended by adding Section 1701.2635 to read as follows:
         Sec. 1701.2635.  ACTIVE SHOOTER TRAINING FOR OFFICERS AT
  PUBLIC SCHOOLS. (a) This section applies to a:
               (1)  school district peace officer as defined by
  Section 1701.262; and
               (2)  school resource officer as defined by Section
  1701.601.
         (b)  An officer to whom this section applies shall complete a
  one-time training program on responding to an active shooter as
  provided by the Advanced Law Enforcement Rapid Response Training
  Center at Texas State University--San Marcos, or a similar
  organization approved by the commission, before or within two years
  of beginning to provide law enforcement services at a public
  primary or secondary school.
         (c)  Completion of a training program under this section
  satisfies any other requirement that the officer complete a
  training program on responding to active shooters, including under
  Section 37.0812(a), Education Code.
         SECTION 34.  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
  September 1, 2023.
         SECTION 35.  As soon as practicable after the effective date
  of this Act, the Texas Education Agency shall establish the office
  of school safety and security and the governor shall appoint the
  director of that office as required by Section 37.1083, Education
  Code, as added by this Act.
         SECTION 36.  Section 37.1084(c), Education Code, as added by
  this Act, applies only  to a superintendent, administrator serving
  as educational leader and chief executive officer of a school
  district or open-enrollment charter school, or other administrator
  of the district or school employed under a contract entered into on
  or after the effective date of this Act.
         SECTION 37.  Section 45.1011, Education Code, as added by
  this Act, applies only to a bond authorized to be issued at an
  election held on or after the effective date of this Act.
         SECTION 38.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Commission on Law Enforcement shall
  adopt rules to implement Sections 1701.253(q) and 1701.2635,
  Occupations Code, as added by this Act.
         (b)  The minimum curriculum requirements under Section
  1701.253(q), Occupations Code, as added by this Act, apply only to
  an officer who first begins to satisfy those requirements on or
  after January 1, 2024.
         (c)  Notwithstanding Section 1701.2635, Occupations Code, as
  added by this Act, an officer who holds a license under Chapter
  1701, Occupations Code, on September 1, 2023, and to whom that
  section applies shall complete the training program required by
  that section not later than September 1, 2025.
         SECTION 39.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 40.  (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 41.  (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)  Section 48.115, Education Code, as amended by this Act,
  takes effect September 1, 2023.
         (c)  Section 29 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 29 of this Act has no effect.