89R6030 TSS-D

By: Howard H.B. No. 2056

A BILL TO BE ENTITLED

AN ACT

relating to the designation of a public school health officer and the school health and safety allotment under the Foundation School Program.

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

SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.047 to read as follows:

Sec. 38.047. SCHOOL HEALTH OFFICER. (a) The principal of each school district campus shall designate an employee of the campus as the campus's school health officer.

(b) The school health officer at a school district campus may:

(1) manage and monitor school health initiatives and the implementation of health requirements at the campus; and

(2) notwithstanding Section 22.052, administer medication to students enrolled at the campus in compliance with the rules adopted under Subsection (c) and other law.

(c) Notwithstanding any other law, the executive commissioner of the Health and Human Services Commission shall adopt rules regarding the administration of medication to a student by a school health officer under this section, including rules providing a list of medications that a school health officer may administer.

SECTION 2. The heading to Section 48.115, Education Code, is amended to read as follows:

Sec. 48.115. SCHOOL HEALTH AND SAFETY ALLOTMENT.

SECTION 3. Section 48.115(b), Education Code, is amended to read as follows:

(b) Funds allocated under this section must be used to improve school district student health and school safety and security, including costs associated with:

(1) securing school facilities in accordance with the requirements of Section 37.351, 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;

(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, other security equipment, including video surveillance as provided by Section 29.022; 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

(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, 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, chaplains, and individuals trained in restorative discipline and restorative justice practices;

(ii) providing mental health personnel and support, including chaplains;

(iii) providing behavioral health services, including services provided by chaplains;

(iv) establishing threat reporting systems; and

(v) developing and implementing programs focused on restorative justice practices, culturally relevant instruction, and providing mental health support, including support provided by chaplains;

(4) providing programs related to suicide prevention, intervention, and postvention, including programs provided by chaplains; [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; and

(6) providing school health officers for each district campus as required by Section 38.047.

SECTION 4. Section 37.108(b-1), Education Code, is amended to read as follows:

(b-1) In a school district's safety and security audit required under Subsection (b), the district must certify that the district used the funds provided to the district through the school health and safety allotment under Section 48.115 only for the purposes provided by that section.

SECTION 5. Section 37.117(c), Education Code, as added by Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:

(c) To comply with this section, a school district or open-enrollment charter school may:

(1) use funds provided to the district or school through the school health and safety allotment under Section 48.115 or other available funds; and

(2) use the district's or school's customary procurement process.

SECTION 6. Section 37.354(a), Education Code, is amended to read as follows:

(a) 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 health and 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 7. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules regarding the administration of medication to a student by a school health officer required by Section 38.047, Education Code, as added by this Act.

SECTION 8. It is the intent of the 89th Legislature, Regular Session, 2025, that the amendments made by this Act be harmonized with another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 9. This Act takes effect September 1, 2025.