89R12265 JBD-D

By: McLaughlin H.B. No. 33

A BILL TO BE ENTITLED

AN ACT

relating to active shooter events and other emergencies, including certain accreditations of law enforcement agencies that respond to such emergencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 2A, Code of Criminal Procedure, is amended by adding Article 2A.067 to read as follows:

Art. 2A.067. POLICY FOR RESPONDING TO ACTIVE SHOOTER EMERGENCY. (a) This article applies only to a law enforcement agency of a municipality, county, school district, or institution of higher education, as defined by Section 61.003, Education Code.

(b) Each law enforcement agency to which this article applies shall adopt a detailed written policy for responding to an active shooter emergency. The policy must be based on current best practices.

SECTION 2. Section 12.104(b), Education Code, is 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 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.1086, 37.1087, 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) parental options to retain a student under Section 28.02124.

SECTION 3. Section 37.108, Education Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) 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, the commissioner of education, and the commissioner of higher education. 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 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;

(6) the implementation of a safety and security audit as required by Subsection (b); [and]

(7) measures for the prompt recovery of services provided by the school district or public junior college district after an active shooter emergency; and

(8) any other requirements established by the Texas School Safety Center in consultation with the agency and relevant local law enforcement agencies.

(a-1) Annually, each school district or public junior college district shall organize a meeting with the Department of Public Safety, appropriate local law enforcement agencies, and local emergency first responders regarding the district's multihazard emergency operations plan. The meeting must include a discussion and analysis of how the district's multihazard emergency operations plan would be implemented in an emergency situation.

(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 that includes a security review as described by Section 37.1087 for each district facility. 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.

SECTION 4. Section 37.1083(a), Education Code, is amended to read as follows:

(a) The agency shall monitor the implementation and operation of requirements related to school district safety and security, including school district:

(1) multihazard emergency operations plans; [and]

(2) safety and security audits; and

(3) security reviews.

SECTION 5. Subchapter D, Chapter 37, Education Code, is amended by adding Section 37.1087 to read as follows:

Sec. 37.1087. SECURITY REVIEW. (a) If a school district or public junior college district constructs, acquires, renovates, or improves a district facility, the district shall, as soon as practicable, conduct a security review of the facility to:

(1) determine whether the facility meets school safety and security requirements; and

(2) identify security vulnerabilities at the facility in the event of an active shooter emergency and describe strategies to mitigate each vulnerability identified.

(b) The agency, in consultation with the Department of Public Safety and the Texas School Safety Center, shall establish guidelines for the security review required under this section.

SECTION 6. Section 37.109(b), Education Code, is amended to read as follows:

(b) The committee shall:

(1) participate on behalf of the district in developing and implementing emergency plans consistent with the district multihazard emergency operations plan required by Section 37.108(a) to ensure that the plans reflect specific campus, facility, or support services needs;

(2) periodically provide recommendations to the district's board of trustees and district administrators regarding updating the district multihazard emergency operations plan required by Section 37.108(a) in accordance with best practices identified by the agency, the Texas School Safety Center, or a person included in the registry established by the Texas School Safety Center under Section 37.2091;

(3) provide the district with any campus, facility, or support services information required in connection with a safety and security audit required by Section 37.108(b), a safety and security audit report required by Section 37.108(c), a security review required by Section 37.1087, or another report required to be submitted by the district to the Texas School Safety Center;

(4) review each report required to be submitted by the district to the Texas School Safety Center to ensure that the report contains accurate and complete information regarding each campus, facility, or support service in accordance with criteria established by the center; and

(5) consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses.

SECTION 7. Section 51.217(b), Education Code, is amended to read as follows:

(b) An institution shall adopt and implement a multihazard emergency operations plan for use at the institution. The plan must address mitigation, preparedness, response, and recovery. The plan must provide for:

(1) employee training in responding to an emergency;

(2) mandatory drills to prepare students, faculty, and employees for responding to an emergency;

(3) measures to ensure coordination with the Department of State Health Services, local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; [and]

(4) the implementation of a safety and security audit as required by Subsection (c); and

(5) measures for the prompt recovery of services provided by the institution after an active shooter emergency.

SECTION 8. Subchapter C, Chapter 418, Government Code, is amended by adding Section 418.059 to read as follows:

Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO ACTIVE SHOOTER EVENT. (a) The division shall develop a guide on preparing for and responding to an active shooter event, with an emphasis on providing information relevant to civic, volunteer, and community organizations.

(b) The division shall post the guide on the division's Internet website for public use. The guide must provide a comprehensive approach to preparing for and responding to active shooter events and include information on:

(1) planning and preparing the response to an active shooter event, including recommended tactics and equipment;

(2) providing leadership, incident command, and coordination in response to the event;

(3) communicating with the public during and after the event;

(4) investigating and reporting following the event;

(5) arranging for trauma and support services, including acute support services and long-term support services; and

(6) preserving and restoring community cohesion and public life after the event.

(c) In developing and revising the guide, the division may, in collaboration with the department, seek the advice and assistance of local governments, civic organizations, volunteer organizations, and community leaders.

SECTION 9. Subchapter H, Chapter 418, Government Code, is amended by adding Sections 418.1873 and 418.1877 to read as follows:

Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE SHOOTER EVENT REQUIRED FOR CERTAIN ENTITIES. (a) In this section:

(1) "Emergency medical services" and "emergency medical services provider" have the meanings assigned by Section 773.003, Health and Safety Code.

(2) "Local law enforcement agency" means a political subdivision of this state authorized by law to employ or appoint peace officers.

(b) Each local law enforcement agency and emergency medical services provider that responds to an active shooter event by providing law enforcement services or emergency medical services, or both, shall:

(1) not later than the 30th day after the date of the event, initiate an evaluation of the agency's or provider's response to the event and submit a preliminary report to the division and the department regarding, at minimum, the items required in the template created under Subsection (c); and

(2) not later than the 60th day after the date of the event, finalize the report described by Subdivision (1) and submit the report to the division and the department.

(c) The division, in collaboration with the department, shall create a template for use by a local law enforcement agency or emergency medical services provider in evaluating and reporting on the agency's or provider's response to an active shooter event. The template must include:

(1) prompts for reporting on the following items:

(A) a brief description and outcome of the active shooter event;

(B) a statement of personnel and equipment deployed during the event;

(C) a cost analysis, including salaries, equipment, and incidentals;

(D) a copy of appropriate event logs and reports;

(E) any maps, forms, or related documentation used in responding to or evaluating the agency's or provider's response to the event;

(F) a summary of any deaths or injuries that occurred as a result of the event;

(G) any information relating to the status of criminal investigations and subsequent prosecutions arising out of the event; and

(H) a final evaluation, including:

(i) conclusions relating to the agency's or provider's response to the event;

(ii) problems encountered during the response regarding personnel, equipment, resources, or multiagency response;

(iii) suggestions for revising policy, such as improving training and equipment; and

(iv) any additional considerations that would improve the agency's or provider's response to active shooter events in the future; and

(2) any other content the division considers appropriate.

(d) The division shall adopt rules to implement this section, including a rule defining "active shooter event."

(e) A local law enforcement agency or emergency medical services provider that complies with this section regarding an active shooter event is not required to conduct any evaluation or issue any report that may be required under Section 418.188 regarding that event.

Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER EVENTS REQUIRED. (a) In this section:

(1) "Emergency medical services personnel" and "emergency medical services provider" have the meanings assigned by Section 773.003, Health and Safety Code.

(2) "Local law enforcement agency" has the meaning assigned by Section 418.1873.

(b) The division by rule shall require the peace officers of each local law enforcement agency and the emergency medical services personnel of each emergency medical services provider to complete a training program each year that involves reviewing at least one final report required by Section 418.1873.

(c) The division shall collaborate with the department, the Texas Commission on Law Enforcement, and the Department of State Health Services, as appropriate, to develop the training programs required by Subsection (b).

(d) The division, the Texas Commission on Law Enforcement, and the Department of State Health Services may adopt rules to enforce this section.

SECTION 10. Chapter 418, Government Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR

CERTAIN PUBLIC INFORMATION OFFICERS

Sec. 418.331. DEFINITION. In this subchapter, "public information officer" means an individual who is employed or appointed by a state agency, local government entity, or open-enrollment charter school and whose duties include communicating with the public during a disaster regarding the disaster.

Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. Each of the following entities shall employ or appoint a public information officer who must obtain certification in emergency communications from the division and complete continuing education on emergency communications as provided by this subchapter:

(1) a municipality, including the municipal police department;

(2) a county;

(3) a sheriff's office;

(4) an independent school district;

(5) an open-enrollment charter school;

(6) the department; and

(7) the division.

Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a) A public information officer described by Section 418.332 shall:

(1) obtain certification from the division in emergency communications not later than the first anniversary of the date the public information officer was hired or appointed; and

(2) complete a continuing education program on emergency communications administered by the Federal Emergency Management Agency and approved by the division twice during each 12-month period beginning on the date the public information officer obtained certification.

(b) The division shall establish minimum education and training requirements for initial certification and continuing education under this subchapter by designating courses approved by the Federal Emergency Management Agency. These minimum requirements must include courses provided by the Federal Emergency Management Agency on:

(1) the National Incident Management System;

(2) the Incident Command System; and

(3) the basic skills and principles necessary to fulfill the role of a public information officer with respect to emergency communications.

(c) The division shall assist the entities subject to Section 418.332 in identifying approved training programs.

Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each entity subject to Section 418.332 shall:

(1) maintain records that demonstrate the compliance of each public information officer employed or appointed by that entity with the certification and continuing education requirements of this subchapter; and

(2) permit inspection and copying by the division, during reasonable hours and in a reasonable manner, of the compliance records required to be maintained under Subdivision (1).

(b) The division shall permit inspection and copying by the department of the compliance records the division maintains under Subsection (a)(1) during reasonable hours and in a reasonable manner.

Sec. 418.335. RULES. The division may adopt rules to administer this subchapter.

SECTION 11. Subchapter A, Chapter 772, Government Code, is amended by adding Sections 772.00791, 772.013, and 772.014 to read as follows:

Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT PROGRAM. (a) In this section, "criminal justice division" means the criminal justice division established under Section 772.006.

(b) The criminal justice division shall establish and administer a grant program to provide financial assistance to a law enforcement agency in this state for purposes of becoming accredited or maintaining accreditation:

(1) through the Texas Police Chiefs Association Law Enforcement Agency Best Practices Accreditation Program;

(2) by the Commission on Accreditation for Law Enforcement Agencies, Inc.;

(3) by the International Association of Campus Law Enforcement Administrators;

(4) by an accreditation program developed by the Sheriffs' Association of Texas; or

(5) by an association or organization designated by the Texas Commission on Law Enforcement as provided by Subsection (i).

(c) Except as provided by Subsection (e), the amount of a grant awarded to a law enforcement agency under this section is as follows:

(1) $25,000 for each qualifying accreditation:

(A) held by the agency on the date on which the program under this section was established; or

(B) received by the agency after the date described by Paragraph (A); and

(2) $12,500 for each qualifying reaccreditation received by the agency after the date described by Subdivision (1)(A).

(d) A law enforcement agency may not be awarded a grant described by Subsection (c)(1) with respect to an accreditation for which the agency has previously been awarded a grant under that subsection.

(e) If a law enforcement agency was awarded a grant described by Subsection (c)(1) and the accreditation expires without the agency receiving reaccreditation, the agency may be awarded a grant under this section in the amount provided by Subsection (c)(2) for becoming accredited by the accrediting entity for which the grant under Subsection (c)(1) was awarded.

(f) The criminal justice division shall establish:

(1) eligibility criteria for grant applicants;

(2) grant application procedures;

(3) guidelines relating to grant amounts;

(4) procedures for evaluating grant applications; and

(5) procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.

(g) Not later than December 1 of each year, the criminal justice division shall submit to the Legislative Budget Board a report that provides the following information for the preceding state fiscal year:

(1) the name of each law enforcement agency that applied for a grant under this section; and

(2) the amount of money distributed to each law enforcement agency awarded a grant under this section.

(h) The criminal justice division may use any revenue available for purposes of this section.

(i) The criminal justice division, with the assistance of the Texas Commission on Law Enforcement, shall periodically review associations and organizations that establish standards of practice for law enforcement agencies and that offer accreditation to agencies that meet those standards. On a determination by the criminal justice division that accreditation of law enforcement agencies in this state by an association or organization would benefit public safety, the commission may designate the association or organization as an accrediting entity for purposes of Subsection (b)(5).

Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL SUBDIVISIONS. (a) In this section:

(1) "Council of governments" means a regional planning commission or similar regional planning commission created under Chapter 391, Local Government Code.

(2) "Department" means the Department of Public Safety.

(3) "First responder" means:

(A) a peace officer described by Article 2A.001, Code of Criminal Procedure;

(B) an individual included as fire protection personnel by Section 419.021; and

(C) an individual included as emergency medical services personnel by Section 773.003, Health and Safety Code.

(b) To prepare for complex responses to and investigations of emergencies that may occur within the territory of a council of governments and that require mutual aid and support from more than one governmental entity, the department and each political subdivision that elects, appoints, or employs a first responder within the territory of the council of governments shall collectively participate in a multiagency tabletop exercise at least semiannually and an in-person drill exercise at least annually.

(c) The department shall invite any appropriate federal agency to participate in an exercise described by Subsection (b).

Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this section:

(1) "Council of governments" means a regional planning commission or similar regional planning commission created under Chapter 391, Local Government Code.

(2) "Department" means the Department of Public Safety.

(b) The department and each local law enforcement agency located wholly or partly within the geographic boundaries of a council of governments shall collectively enter into a mutual aid agreement that establishes the procedures for the provision of resources, personnel, facilities, equipment, and supplies in responses to critical incidents in a vertically integrated fashion.

(c) In establishing the procedures, the department and local law enforcement agencies shall:

(1) give priority to establishing the interoperability of communications equipment among the parties to the agreement;

(2) establish procedures for interagency coordination in activities arising from critical incidents, including evidence collection;

(3) set jurisdictional boundaries; and

(4) determine the capabilities, processes, and expectations among the parties to the agreement.

(d) The department shall invite any appropriate federal agency to enter into the agreement described by Subsection (b).

SECTION 12. Chapter 370, Local Government Code, is amended by adding Sections 370.010, 370.011, and 370.012 to read as follows:

Sec. 370.010. RESILIENT EMERGENCY MANAGEMENT SYSTEM FOR CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "first responder" means:

(1) a peace officer described by Article 2A.001, Code of Criminal Procedure;

(2) an individual included as fire protection personnel by Section 419.021, Government Code; or

(3) an individual included as emergency medical services personnel by Section 773.003, Health and Safety Code.

(b) A political subdivision that elects, appoints, or employs first responders shall develop a resilient emergency management system to coordinate the political subdivision's response to an emergency. The system must provide for the establishment of:

(1) a shared emergency response plan across each department or agency of the political subdivision with a first responder; and

(2) a multi-department and agency coordination group to support resource prioritization and allocation for the political subdivision during an emergency.

(c) The governing body of a political subdivision by official action must approve the resilient emergency management system required to be established under Subsection (b) for the political subdivision.

Sec. 370.011. RECOVERY OF SERVICES OF CERTAIN POLITICAL SUBDIVISIONS AND INTERJURISDICTIONAL AGENCIES AFTER ACTIVE SHOOTER EMERGENCY. (a) In this section, "interjurisdictional agency" has the meaning assigned by Section 418.004, Government Code.

(b) Each political subdivision and interjurisdictional agency with an operations plan for emergency response shall adopt and implement measures for the prompt recovery of services provided by the political subdivision or agency after an active shooter emergency.

Sec. 370.012. TACTICAL EQUIPMENT FOR LAW ENFORCEMENT RESPONSE TO CRITICAL INCIDENT. (a) In this section:

(1) "Critical incident" has the meaning assigned by Section 772.0074, Government Code.

(2) "Institution of higher education" means:

(A) an institution of higher education as defined by Section 61.003, Education Code; or

(B) a private or independent institution of higher education as defined by that section.

(3) "Law enforcement agency" means:

(A) a municipal police department;

(B) a county sheriff's department;

(C) a county constable's department; or

(D) a department or agency of a school district, open-enrollment charter school, or institution of higher education authorized by law to employ peace officers.

(4) "Peace officer" means an individual described by Article 2A.001, Code of Criminal Procedure.

(5) "Tactical equipment" means equipment intended for use by a peace officer to facilitate the officer's onsite response to an ongoing critical incident, including:

(A) a weapon;

(B) a breaching tool;

(C) a ballistic shield; and

(D) a bulletproof vest or body armor.

(b) A law enforcement agency shall make available for use by the agency's peace officers sufficient tactical equipment to allow the peace officers to effectively respond to a critical incident.

(c) A law enforcement agency satisfies the requirement of Subsection (b) by providing tactical equipment to equip the greater of:

(1) at least 20 percent of the agency's peace officers; or

(2) five of the agency's peace officers.

(d) A law enforcement agency may enter into a mutual aid agreement with a law enforcement agency with overlapping or adjacent jurisdiction to share tactical equipment during a critical incident in the quantity that allows the agency to meet the equipment requirement prescribed by Subsection (c).

SECTION 13. Chapter 391, Local Government Code, is amended by adding Section 391.0041 to read as follows:

Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section:

(1) "Council of governments" means a regional planning commission for a state planning region created under this chapter.

(2) "Critical incident" means an incident involving a first responder that occurs while the first responder is performing official duties and that results in serious bodily injury to the first responder or poses a substantial risk of serious bodily injury or death to the first responder or of serious harm to the first responder's mental health or well-being.

(3) "First responder" means:

(A) a peace officer described by Article 2A.001, Code of Criminal Procedure;

(B) an individual included as fire protection personnel by Section 419.021, Government Code; and

(C) an individual included as emergency medical services personnel by Section 773.003, Health and Safety Code.

(b) Each council of governments shall develop a mental health resources plan to address the mental health needs of a first responder following a critical incident that occurs within the territory of the council.

(c) A plan developed under Subsection (b):

(1) must require the council of governments to provide:

(A) education and training to a first responder prior to a critical incident on topics including:

(i) the potential psychological impact that being involved in an incident may have on the first responder; and

(ii) resources available to the first responder to address the psychological impact of an incident, including mental health counseling, peer support programs, and stress management practices; or

(B) a list of recommended providers located within the territory of the council who can provide the education and training described by Paragraph (A);

(2) may recommend that an employer of a first responder:

(A) provide mental health counseling for the first responder following a critical incident;

(B) create a process to conduct a critical incident stress debriefing following an incident; and

(C) create a peer support program to support the first responder following an incident; and

(3) may include any other recommendation the council of governments considers appropriate to address the mental health needs of a first responder following a critical incident.

SECTION 14. Section 1701.253, Occupations Code, is amended by adding Subsection (u) to read as follows:

(u) As part of the minimum curriculum requirements, the commission shall require an officer to complete the training courses described by Section 1701.273.

SECTION 15. Subchapter F, Chapter 1701, Occupations Code, is amended by adding Section 1701.273 to read as follows:

Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND. (a) The commission shall require a peace officer to complete the following emergency response management training courses, or a substantially similar successor course as determined by the commission, provided by the Federal Emergency Management Agency:

(1) Introduction to the Incident Command System; and

(2) National Incident Management System, An Introduction.

(b) The commission shall require an officer to complete the training courses described by Subsection (a) unless the officer has completed the training under Section 1701.253(u).

SECTION 16. Subchapter H, Chapter 1701, Occupations Code, is amended by adding Section 1701.3526 to read as follows:

Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE AND COMMAND. (a) The commission shall require a peace officer whose duties involve the supervision of officers in an incident response to complete, as part of the continuing education programs under Section 1701.351(a), an advanced incident response and command course provided by the Federal Emergency Management Agency, as determined by commission rule.

(b) The exemption under Section 1701.351(d) does not apply to the training required by Subsection (a).

SECTION 17. Each law enforcement agency to which Article 2A.067, Code of Criminal Procedure, as added by this Act, applies shall adopt the policy required by that article as soon as practicable after the effective date of this Act.

SECTION 18. Not later than December 1, 2025, the Texas Division of Emergency Management shall develop and post the guide required by Section 418.059, Government Code, as added by this Act.

SECTION 19. A public information officer described by Section 418.332, Government Code, as added by this Act, who was employed or appointed before the effective date of this Act shall obtain the certification required by Section 418.333, Government Code, as added by this Act, not later than September 1, 2026.

SECTION 20. Not later than January 1, 2026, the Department of Public Safety and local law enforcement agencies shall enter into mutual aid agreements as required by Section 772.014, Government Code, as added by this Act.

SECTION 21. Not later than January 1, 2026, each political subdivision subject to Section 370.010, Local Government Code, as added by this Act, shall establish a resilient emergency management system as required by that section.

SECTION 22. As soon as practicable after the effective date of this Act, each council of governments, as defined by Section 391.0041, Local Government Code, as added by this Act, shall develop a mental health resources plan required to be created under that section.

SECTION 23. As soon as practicable after the effective date of this Act, the Texas Commission on Law Enforcement shall adopt rules to implement the changes in law made by this Act to Subchapters F and H, Chapter 1701, Occupations Code.

SECTION 24. The minimum curriculum requirements under Section 1701.253(u), Occupations Code, as added by this Act, apply only to an officer who first begins to satisfy those requirements on or after January 1, 2026.

SECTION 25. Section 1701.3526, Occupations Code, as added by this Act, applies only with respect to a 24-month continuing education training unit that begins on or after the effective date of this Act. A training unit that begins before the effective date of this Act is governed by the law in effect on the date the training unit began, and the former law is continued in effect for that purpose.

SECTION 26. This Act takes effect September 1, 2025.