BILL ANALYSIS

C.S.H.B. 5526

By: Slawson

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that legislation was introduced last session to address gaps in finding qualified school security personnel to protect students, particularly in rural areas in Texas, but ultimately did not pass. However, a constituent who is a member of the Gatesville Independent School District Police Department approached the author's office with a similar solution to fill these gaps. C.S.H.B. 5526 seeks to give certain school districts and open-enrollment charter schools another tool to help protect students by providing for a program to authorize eligible persons to provide security services and serve as school security volunteers.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5526 amends the Education Code to authorize the board of trustees of an applicable independent school district or the governing body of an applicable open-enrollment charter school to approve a school security volunteer program under which the district or charter school provides written regulations or written authorization for eligible persons to serve as school security volunteers by doing the following:

· providing security services on school grounds, including any location in which an activity sponsored by the district or school is being conducted, and in school vehicles; and

· carrying a handgun in providing such security services.

The bill applies only to a district or charter school located in a county with a population of less than one million.

C.S.H.B. 5526 establishes that a person is eligible to serve as a school security volunteer only if the person meets the following criteria:

· the person is not:

o an employee of the district or charter school;

o a contractor providing services under a contract with the district or charter school; or

o a person who otherwise receives compensation or remuneration from the district or charter school;

· the person is:

o entitled to carry a concealed firearm under applicable federal law and honorably retired, defined by reference to state handgun licensing law as it relates to honorably retired peace officers; or

o a veteran, defined by reference to Transportation Code provisions governing driver's licenses issued to veterans; and

· the board or governing body determines the person is eligible based on a criminal background check obtained by the district or charter school in accordance with applicable state law.

C.S.H.B. 5526 requires a district or charter school that approves such a program to do the following:

· include the program in the district's or charter school's multihazard emergency operations plan;

· provide to each school security volunteer a course of instruction on the district's or charter school's safety and security policies, including instructions regarding the district's or charter school's multihazard emergency operations plan, and a uniform that clearly identifies the person as a school security volunteer; and

· require each school security volunteer to wear that uniform while providing security services.

C.S.H.B. 5526 establishes that a person who serves as a school security volunteer is not a commissioned peace officer or a school resource officer and prohibits a school security volunteer, in providing security services, from engaging in law enforcement activities or otherwise exercising powers or duties reserved to such officers. The bill grants a school security volunteer immunity from civil liability to the same extent as a professional employee of a district for acts incident to or within the scope of employment, but the bill expressly does not limit the liability of a person for intentional misconduct or gross negligence.

C.S.H.B. 5526 amends the Occupations Code to exempt a school security volunteer from the Private Security Act.

C.S.H.B. 5526 applies beginning with the 2025-2026 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5526 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute revises the following requirements of the introduced applicable to a district that approves a school security volunteer program by making them also applicable to a charter school that approves a school security volunteer program:

· to include the program in the district's multihazard emergency operations plan; and

· to provide instruction regarding the district's multihazard operations plan to each school security volunteer.

The substitute does not include the introduced version's requirement that a charter school that approves a school security volunteer program adopt and implement measures to ensure, in an emergency, coordination with the Department of State Health Services and local emergency management agencies, law enforcement agencies, health departments, and fire departments.