89R2753 MM-D

By: Menéndez S.B. No. 752

A BILL TO BE ENTITLED

AN ACT

relating to measures to ensure the safety of individuals with disabilities during an emergency situation at public postsecondary institutions.

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

SECTION 1. 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 ensuring that, during an emergency situation, students, institution personnel, and guests with disabilities are provided equal access to safety based on the rules adopted by the Texas Higher Education Coordinating Board under Section 61.06643, including the development of an emergency plan that will accommodate individuals with different disabilities and provide them with access to emergency evacuation assistance devices in appropriate circumstances.

SECTION 2. Subchapter E, Chapter 51, Education Code, is amended by adding Section 51.222 to read as follows:

Sec. 51.222. EMERGENCY EVACUATION ASSISTANCE DEVICES REQUIRED. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) For each building that is located on the campus of an institution of higher education and that has two or more floors, the institution shall install on each floor emergency evacuation assistance devices for use by individuals with disabilities who require mobility assistance.

(c) An institution may use any available revenue, including grants under Section 61.06644 and legislative appropriations, and may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this section.

SECTION 3. Subchapter C, Chapter 61, Education Code, is amended by adding Sections 61.06643 and 61.06644 to read as follows:

Sec. 61.06643. RULES REGARDING MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES. (a) The board shall adopt rules for the required provisions in an institution's multihazard emergency operations plan under Section 51.217(b)(5) to ensure the safety of students, institution personnel, and guests with disabilities during an emergency situation.

(b) In adopting rules under Subsection (a), the board shall consult with:

(1) the advisory council on postsecondary education for persons with intellectual and developmental disabilities established under Section 61.06641;

(2) the Governor's Committee on People with Disabilities; and

(3) the Texas Council for Developmental Disabilities.

(c) An institution must follow the rules adopted by the board under Subsection (a) in adopting and implementing the institution's multihazard emergency operations plan under Section 51.217.

Sec. 61.06644. EMERGENCY EVACUATION ASSISTANCE DEVICES FOR INDIVIDUALS WITH DISABILITIES GRANT PROGRAM. (a) The board shall establish and administer the emergency evacuation assistance devices for individuals with disabilities grant program to provide grants to institutions of higher education to enable those institutions to purchase and install, and to train institution personnel to operate, any emergency evacuation assistance devices required under Section 51.222.

(b) In awarding grants under this section, the board shall give priority to institutions that demonstrate the highest need based on the number of students on the institution's campus who would require an emergency evacuation assistance device in an emergency situation.

(c) A grant provided under this section:

(1) must be used for purchasing and installing any emergency evacuation assistance devices required under Section 51.222; and

(2) may be used to provide any training that is necessary for institution personnel to:

(A) administer the institution's evacuation plan with respect to the devices; or

(B) assist other individuals in operating the devices.

(d) The board may solicit and accept gifts, grants, and donations from any public or private source for purposes of this section.

(e) The board shall adopt rules for the administration of this section, including rules creating a process for institutions of higher education to apply for grants, establishing procedures and criteria for evaluating those applications and awarding the grants, and verifying that grant funds awarded under this section are used appropriately.

SECTION 4. As soon as practicable after the effective date of this Act but not later than May 1, 2026, the Texas Higher Education Coordinating Board shall adopt the rules required by Sections 61.06643 and 61.06644, Education Code, as added by this Act.

SECTION 5. Section 51.222, Education Code, as added by this Act, applies beginning with the 2026-2027 academic year.

SECTION 6. 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, 2025.