BILL ANALYSIS

Senate Research Center	H.B. 121
	By: King (Nichols)
	Education K-16
	5/19/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

H.B. 121 allows the Texas Education Agency (TEA) to commission peace officers for school safety purposes. TEA contends that if there are future disasters at schools, TEA should have peace officers who can engage with local law enforcement and help in investigations. Without this authority, information sharing between local law enforcement and TEA would be limited.

Clarifies that districts claiming a good cause exception for armed guards must renew that requirement every year and for facilities every five years.

Gives TEA authority to regulate safety planning for extracurricular activities.

Requires TEA to produce a deidentified report to the legislature regarding district vulnerability assessments and intruder detection audits and include recommendations and actions for deficiencies in campus security (both statutory and financial).

Clarifies the county sheriff meetings must happen twice a year.

Adjusts the composition of the board of directors of the Texas School Safety Center and makes further conforming changes for public school safety and security.

H.B. 121 amends current law relating to measures for ensuring public school safety, including the commissioning of peace officers by the Texas Education Agency, the composition of the board of directors of the Texas School Safety Center, public school safety and security requirements and resources, and the reporting of child abuse or neglect by public school employees.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 2A.001, Code of Criminal Procedure, to conform to Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular Session, 2023, and further amends it as follows:

Art. 2A.001. PEACE OFFICERS GENERALLY. Provides that the following are peace officers:

(1)-(7) makes no changes to these subdivisions;

(8) an officer commissioned under certain provisions of the Education Code;

(9)-(26) makes no changes to these subdivisions;

(27) an officer appointed by the inspector general of the Texas Juvenile Justice Department (TJJD) under Section 242.102 (Office of Inspector General), rather than an apprehension specialist or inspector general commissioned by TJJD as an officer under Section 242.102 or 243.052 (Apprehension Specialists), Human Resources Code;

(28)-(31) makes no changes to these subdivisions;

(32) a fire marshal or any officer, inspector, or investigator of a municipality who holds a permanent peace officer license issued under Chapter 1701 (Law Enforcement Officers), Occupations Code;

(33) redesignates existing Subdivision (32) as Subdivision (33) and makes a nonsubstantive change;

(34) an Alamo complex ranger commissioned by the General Land Office under Section 31.0515 (Duties Related to the Alamo Complex), Natural Resources Code, subject to the limitations imposed by that section; and

(35) an officer commissioned by the Texas Education Agency (TEA) as an officer under Section 37.1031, Education Code.

Deletes existing text providing that an investigator commissioned by TJJD as an officer under Section 221.011 (Investigators), Human Resources Code, is a peace officer. Makes� nonsubstantive changes.

SECTION 2. Amends Section 7.021, Education Code, by adding Subsection (d) to authorize TEA to commission peace officers as provided by Section 37.1031 to enforce Subchapter D (Protection of Buildings and Grounds), Chapter 37 (Discipline; Law and Order).

SECTION 3. Amends Section 37.0814, Education Code, by amending Subsection (d) and adding Subsection (d-1), as follows:

(d) Requires the board of trustees of a school district that claims a good cause exception under Subsection (c) (relating to authorizing the board to claim a good cause exception under certain circumstances involving noncompliance with armed security requirements) to develop an alternative standard with which the district is able to comply, which is authorized to include providing a person to act as a security officer who is:

(1)� a school marshal; or

(2)� a school district employee or a person with whom the district contracts who:

(A) either has completed certain school safety training or, not later than the 180th day after the date on which the employee or person begins duties as a security officer, completes training deemed appropriate by the district, in consultation with the district's police department, or, if the district does not have a police department, a local law enforcement agency, in certain health and emergency incident management responses; and

(B) makes no changes to this paragraph.

Makes nonsubstantive changes to this subsection.

(d-1) Provides that a good cause exception claimed by the board under Subsection (c) expires on the first anniversary of the date the exception is claimed. Requires the board, on the expiration of the exception, to reevaluate whether the board is able to comply with this section and, if not, renew the claim for an exception under Subsection (c) and the alternative standard developed under Subsection (d).

SECTION 4. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1031, as follows:

Sec. 37.1031. AGENCY PEACE OFFICERS. (a) Authorizes TEA to commission as a peace officer to enforce this subchapter an employee who has been certified as qualified to be a peace officer by the Texas Commission on Law Enforcement.

(b) Provides that an employee commissioned as a peace officer under this section has the powers, privileges, and immunities of a peace officer while carrying out duties as a peace officer under Subchapter D.

SECTION 5. Amends Section 37.108, Education Code, by amending Subsections (a), (c), and (f) and adding Subsection (a-1), as follows:

(a) Requires that the multihazard emergency operations plan provide:

(1) training in responding to an emergency for district employees, including school district substitute teachers;

(2) makes a conforming change to this subdivision;

(3)-(6) makes no changes to these subdivisions; and

(7) any other requirements established by the Texas School Safety Center (center) in consultation with TEA and the Texas Higher Education Coordinating Board, rather than relevant law enforcement agencies.

(a-1) Requires the center to provide to the superintendent of each school district and to the president of each public junior college district notice of the requirements established under Subsection (a)(7) applicable to the district.

(c) Requires the district to maintain a copy of the report, rather than the report provided to the center under this subsection is required to be, signed by, certain school district authorities. Makes a nonsubstantive change.

(f) Requires a school district to include in its multihazard emergency operations plan:

(1)-(7) makes no changes to these subdivisions;

(8) provisions, as determined by TEA, for ensuring the safety of students, staff, and spectators during extracurricular activities sponsored or sanctioned by the district;

(9) creates this subdivision from existing text and makes no further changes; and

(10) certification that the district is in compliance with Section 37.117 (Silent Panic Alert Technology), as added by Chapter 896 (H.B. 3), Acts of the 88th Legislature, Regular Session, 2023.

Makes nonsubstantive changes to this subsection.

SECTION 6. Amends Subchapter D, Chapter 37, Education Code, by adding Section 37.1088, as follows:

Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Requires TEA, not later than December 31 of each year, to prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of each house of the legislature with primary jurisdiction over primary and secondary education, finance, and appropriations a report that includes the deidentified results of the vulnerability assessments and intruder detection audits conducted under Sections 37.1083 (Agency Monitoring of School District Safety and Security Requirements) and 37.1084 (Regional School Safety Review Teams) during the preceding year.

(b) Requires that the report under Subsection (a) include recommendations and possible corrective actions for specific deficiencies in campus security identified at multiple school districts and open-enrollment charter schools.

SECTION 7. Amends Section 37.115, Education Code, by adding Subsection (d-1) and amending Subsection (h), as follows:

(d-1)� Requires the threat assessment and safe and supportive school team (team) conducting the threat assessment, notwithstanding Subsection (d) (relating to qualifications for members of the team), if a student in a special education program under Subchapter A (Special Education Program), Chapter 29 (Educational Programs), is the subject of a threat assessment under Subsection (f) (relating to required actions for the team), to include at least one of the following persons who has specific knowledge of the student's disability and the disability's manifestations: a special education teacher who provides instruction to the student, a behavior analyst licensed under Chapter 506 (Behavior Analysts), Occupations Code, a clinical or master social worker licensed under Chapter 505 (Social Workers), Occupations Code, or a specialist in school psychology licensed under Chapter 501 (Psychologists), Occupations Code.

(h)� Requires the team, rather than requires the superintendent, on a determination that a student or other individual poses a serious risk of violence to self or others, to immediately report the team's determination to the superintendent and, if the individual is a student, immediately attempt to inform the parent or person standing in parental relation to the student. Makes nonsubstantive changes.

SECTION 8. Amends Sections 37.203(a) and (b), Education Code, as follows:

(a) Provides that the center is advised by a board of directors composed of individuals meeting certain criteria, including an administrator of a public junior college. Makes a nonsubstantive change.

(b) Makes a conforming change to this subsection.

SECTION 9. Amends Section 37.222(b), Education Code, as follows:

(b) Requires each school district and open-enrollment charter school, at least three times each school year, to provide the information and other resources described under Subsection (a) (relating to requiring the center to provide to certain education entities certain resources regarding the safe storage of firearms) to the parent or guardian of each student enrolled in the district or school. Makes a nonsubstantive change.

SECTION 10. Amends Section 37.353, Education Code, by adding Subsection (c), as follows:

(c) Provides that a good cause exception claimed by a school district under Subsection (a) (relating to authorizing a school district to claim a good cause exception under certain circumstances involving noncompliance with a safety and security standard) expires on the fifth anniversary of the date on which the exception is claimed. Requires the district, on the expiration of the exception, to reevaluate whether the district is able to comply with each school facility standard related to safety and security, and if not, renew the claim for an exception under Subsection (a) and the alternative performance standard developed under Subsection (b) (relating to requiring a school district that claims a good cause exception to develop an alternative compliance standard).

SECTION 11. Amends Section 38.004(a), Education Code, as follows:

(a) Requires that the policy require each school district and open-enrollment charter school employee to report child abuse or neglect, including the trafficking of a child under certain sections of the Penal Code, in the manner required by Chapter 261 (Investigation of Report of Child Abuse or Neglect), Family Code, except that a school district or open-enrollment charter school employee is required to make the report to both the Department of Family and Protective Services (DFPS) and a local or state law enforcement agency, other than the district's or school's police department, if the report is based on evidence that a person engaged in misconduct described by certain sections of the Education Code.

SECTION 12. Amends Section 48.115(b), Education Code, as follows:

(b) Requires that funds allocated under Section 48.115 (School Safety Allotment) be used to improve school safety and security, including costs associated with:

(1) securing school facilities in accordance with certain requirements of Section 37.351 (Facilities Standards Compliance), including interior and 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;

(2) makes no changes to this subdivision;

(3) certain school safety and security measures, including the prevention, identification, and management of emergencies and threats, using certain evidence-based, effective prevention practices, and certain personnel, including providing licensed counselors, social workers, behavioral interventionists, chaplains, and individuals trained in restorative discipline and justice, rather than discipline and restorative justice, or other discipline management practices; and

(4)-(5) makes no changes to these subdivisions.

SECTION 13. Amends Section 261.103, Family Code, by amending Subsection (a) and adding Subsection (d), as follows:

(a)� Requires that a report be made to certain agencies, except as otherwise provided by Section 261.103 (Report Made to Appropriate Agency), rather than certain other subsections and Section 261.405 (Investigations in Juvenile Justice Programs and Facilities).

(d)� Requires an employee of a school district or open-enrollment charter school who is required to make a report of child abuse or neglect that is based on evidence that a person engaged in misconduct described by Section 22.093(c)(1)(A) or (B), Education Code, notwithstanding any other provision of this section, to make the report to both DFPS and a local or state law enforcement agency other than the district's or school's police department.

SECTION 14. Amends Sections 85.024(a) and (b), Local Government Code, as follows:

(a) Requires the sheriff of a county with a total population of less than 350,000 in which a school district or open-enrollment charter school, rather than public school, is located to call and conduct a meeting at least twice each calendar year, not less than three months apart, rather than semiannual meetings, to discuss certain safety topics.

(b) Authorizes the sheriff of a county to which Section 85.024 (School Safety Meetings)� applies in which more than one school district or open-enrollment charter school is located to discuss school safety policies for more than one school district or open-enrollment charter school in a meeting, rather than is only required to hold one semiannual meeting, described by Subsection (a). Provides that this subsection does not require districts or schools located within the same county to adopt the same school safety policies. Makes conforming changes.

SECTION 15. Repealer: Section 37.2161 (School Safety and Security Progress Report), Education Code.

SECTION 16.� Provides that this Act applies beginning with the 2025�2026 school year.

SECTION 17. Requires the governor, not later than February 1, 2026, to appoint the new member to the board of directors of the Texas School Safety Center as required by Section 37.203(a)(6)(J) (relating to the appointment of an administrator of a public junior college to the board of the center), Education Code, as amended by this Act.

SECTION 18. Provides that, to the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 19. Effective date: upon passage or September 1, 2025.

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