By: Nichols, Hagenbuch, West  S.B. No. 1262          (In the Senate - Filed February 13, 2025; February 28, 2025,   read first time and referred to Committee on Education K-16;   April 14, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 10, Nays 0; April 14, 2025,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1262 By:  Creighton     A BILL TO BE ENTITLED   AN ACT     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, and public school safety and security requirements and   resources.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   SECTION 1.  Article 2A.001, Code of Criminal Procedure, is   amended 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 is further amended to read as follows:          Art. 2A.001.  PEACE OFFICERS GENERALLY.  The following are   peace officers:                (1)  a sheriff, a sheriff's deputy, or a reserve deputy   sheriff who holds a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  a constable, a deputy constable, or a reserve   deputy constable who holds a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  a marshal or police officer of a municipality or a   reserve municipal police officer who holds a permanent peace   officer license issued under Chapter 1701, Occupations Code;                (4)  a ranger, officer, or member of the reserve   officer corps commissioned by the Public Safety Commission and the   director of the Department of Public Safety;                (5)  an investigator of a district attorney's, criminal   district attorney's, or county attorney's office;                (6)  a law enforcement agent of the Texas Alcoholic   Beverage Commission;                (7)  a member of an arson investigating unit   commissioned by a municipality, a county, or the state;                (8)  an officer commissioned under Section 37.081 or   37.0818, Education Code, or Subchapter E, Chapter 51, Education   Code;                (9)  an officer commissioned by the Texas Facilities   Commission;                (10)  a law enforcement officer commissioned by the   Parks and Wildlife Commission;                (11)  an officer commissioned under Chapter 23,   Transportation Code;                (12)  a municipal park and recreational patrol officer   or security officer;                (13)  a security officer or investigator commissioned   as a peace officer by the comptroller;                (14)  an officer commissioned by a water control and   improvement district under Section 49.216, Water Code;                (15)  an officer commissioned by a board of trustees   under Chapter 54, Transportation Code;                (16)  an investigator commissioned by the Texas Medical   Board;                (17)  an officer commissioned by:                      (A)  the board of managers of the Dallas County   Hospital District, the Tarrant County Hospital District, the Bexar   County Hospital District, or the El Paso County Hospital District   under Section 281.057, Health and Safety Code;                      (B)  the board of directors of the Ector County   Hospital District under Section 1024.117, Special District Local   Laws Code;                      (C)  the board of directors of the Midland County   Hospital District of Midland County, Texas, under Section 1061.121,   Special District Local Laws Code; or                      (D)  the board of hospital managers of the Lubbock   County Hospital District of Lubbock County, Texas, under Section   1053.113, Special District Local Laws Code;                (18)  a county park ranger commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19)  an investigator employed by the Texas Racing   Commission;                (20)  an officer commissioned under Chapter 554,   Occupations Code;                (21)  an officer commissioned by the governing body of   a metropolitan rapid transit authority under Section 451.108,   Transportation Code, or a regional transportation authority under   Section 452.110, Transportation Code;                (22)  an investigator commissioned by the attorney   general under Section 402.009, Government Code;                (23)  a security officer or investigator commissioned   as a peace officer under Chapter 466, Government Code;                (24)  an officer appointed by an appellate court under   Subchapter F, Chapter 53, Government Code;                (25)  an officer commissioned by the state fire marshal   under Chapter 417, Government Code;                (26)  an investigator commissioned by the commissioner   of insurance under Section 701.104, Insurance Code;                (27)  an officer appointed by the inspector general of   [apprehension specialist or inspector general commissioned by] the   Texas Juvenile Justice Department [as an officer] under Section   242.102 [or 243.052], Human Resources Code;                (28)  an officer appointed by the inspector general of   the Texas Department of Criminal Justice under Section 493.019,   Government Code;                (29)  an investigator commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30)  a fire marshal or any related officer, inspector,   or investigator commissioned by a county under Subchapter B,   Chapter 352, Local Government Code;                (31)  a fire marshal or any officer, inspector, or   investigator commissioned by an emergency services district under   Chapter 775, Health and Safety Code;                (32)  a fire marshal or any officer, inspector, or   investigator of a municipality who holds a permanent peace officer   license issued under Chapter 1701, Occupations Code;                (33)  an officer commissioned by the State Board of   Dental Examiners under Section 254.013, Occupations Code, subject   to the limitations imposed by that section; [and]                (34) [(33)]  an Alamo complex ranger commissioned by   the General Land Office under Section 31.0515, Natural Resources   Code, subject to the limitations imposed by that section; and                (35)  an officer commissioned by the Texas Education   Agency as an officer under Section 37.1031, Education Code   [investigator commissioned by the Texas Juvenile Justice   Department as an officer under Section 221.011, Human Resources   Code].          SECTION 2.  Section 7.021, Education Code, is amended by   adding Subsection (d) to read as follows:          (d)  The agency may commission peace officers as provided by   Section 37.1031 to enforce Subchapter D, Chapter 37.          SECTION 3.  Section 37.0814, Education Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (d)  The board of trustees of a school district that claims a   good cause exception under Subsection (c) must develop an   alternative standard with which the district is able to comply,   which may 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:                            (i)  has completed school safety training   provided by a qualified handgun instructor certified in school   safety under Section 411.1901, Government Code; or                            (ii)  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:                                  (a)  active shooter response, which   must be provided by an instructor certified by the Advanced Law   Enforcement Rapid Response Training Center at Texas State   University--San Marcos;                                  (b)  school safety and emergency   management;                                  (c)  crisis intervention;                                  (d)  incident command;                                  (e)  first aid administration;                                  (f)  mental health; and                                  (g)  qualifications relating to the   carrying or use of a firearm; and                      (B)  carries a handgun on school premises in   accordance with written regulations or written authorization of the   district under Section 46.03(a)(1)(A), Penal Code.          (d-1)  A good cause exception claimed by the board of   trustees of a school district under Subsection (c) expires on the   first anniversary of the date the exception is claimed. On the   expiration of the exception, the board must reevaluate whether the   board is able to comply with this section and, if not, renew:                (1)  the claim for an exception under Subsection (c);   and                 (2)  the alternative standard developed under   Subsection (d).          SECTION 4.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1031 to read as follows:          Sec. 37.1031.  AGENCY PEACE OFFICERS. (a)  The agency may   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)  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 this   subchapter.          SECTION 5.  Section 37.108, Education Code, is amended by   amending Subsections (a), (c), and (f) 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 school district substitute teachers;                (2)  measures to ensure district employees, including   school district 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)  any other requirements established by the Texas   School Safety Center in consultation with the agency and the Texas   Higher Education Coordinating Board.          (a-1)  The Texas School Safety Center shall 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 [and   relevant local law enforcement agencies].          (c)  A school district or public junior college district   shall report the results of the safety and security audit conducted   under Subsection (b) to the district's board of trustees and, in the   manner required by the Texas School Safety Center, to the Texas   School Safety Center.  The district must maintain a copy of the   [The] report [provided to the Texas School Safety Center under this   subsection must be] signed by:                (1)  for a school district, the district's board of   trustees and superintendent; or                (2)  for a public junior college district, the   president of the junior college district.          (f)  A school district shall include in its multihazard   emergency operations plan:                (1)  a chain of command that designates the individual   responsible for making final decisions during a disaster or   emergency situation and identifies other individuals responsible   for making those decisions if the designated person is unavailable;                (2)  provisions that address physical and   psychological safety for responding to a natural disaster, active   shooter, and any other dangerous scenario identified for purposes   of this section by the agency or the Texas School Safety Center;                (3)  provisions for ensuring the safety of students in   portable buildings;                (4)  provisions for ensuring that students and district   personnel with disabilities are provided equal access to safety   during a disaster or emergency situation;                (5)  provisions for providing immediate notification   to parents, guardians, and other persons standing in parental   relation in circumstances involving a significant threat to the   health or safety of students, including identification of the   individual with responsibility for overseeing the notification;                (6)  provisions for supporting the psychological   safety of students, district personnel, and the community during   the response and recovery phase following a disaster or emergency   situation that:                      (A)  are aligned with best practice-based   programs and research-based practices recommended under Section   38.351;                      (B)  include strategies for ensuring any required   professional development training for suicide prevention and   grief-informed and trauma-informed care is provided to appropriate   school personnel;                      (C)  include training on integrating   psychological safety and suicide prevention strategies into the   district's plan, such as psychological first aid for schools   training, from an approved list of recommended training established   by the commissioner and Texas School Safety Center for:                            (i)  members of the district's school safety   and security committee under Section 37.109;                            (ii)  district school counselors and mental   health professionals; and                            (iii)  educators and other district   personnel as determined by the district;                      (D)  include strategies and procedures for   integrating and supporting physical and psychological safety that   align with the provisions described by Subdivision (2); and                      (E)  implement trauma-informed policies;                (7)  a policy for providing a substitute teacher access   to school campus buildings and materials necessary for the   substitute teacher to carry out the duties of a district employee   during an emergency or a mandatory emergency drill;                (8)  provisions, as determined by the agency, for   ensuring the safety of students, staff, and spectators during   extracurricular activities sponsored or sanctioned by the   district;                (9)  the name of each individual on the district's   school safety and security committee established under Section   37.109 and the date of each committee meeting during the preceding   year; and                (10) [(9)]  certification that the district is in   compliance with Section 37.117, as added by Chapter 896 (H.B. 3),   Acts of the 88th Legislature, Regular Session, 2023.          SECTION 6.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1088 to read as follows:          Sec. 37.1088.  AGENCY REPORT ON SCHOOL SAFETY. (a)  Not   later than December 31 of each year, the agency shall 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 and   37.1084 during the preceding year.          (b)  The report under Subsection (a) must include   recommendations and possible corrective actions for specific   deficiencies in campus security identified at multiple school   districts and open-enrollment charter schools.          SECTION 7.  Section 37.115, Education Code, is amended by   adding Subsection (d-1) and amending Subsection (h) to read as   follows:          (d-1)  Notwithstanding Subsection (d), if a student in a   special education program under Subchapter A, Chapter 29, is the   subject of a threat assessment under Subsection (f), the team   conducting the threat assessment must include at least one of the   following persons who has specific knowledge of the student's   disability and the disability's manifestations:                (1)  a special education teacher who provides   instruction to the student;                (2)  a behavior analyst licensed under Chapter 506,   Occupations Code;                (3)  a clinical or master social worker licensed under   Chapter 505, Occupations Code; or                (4)  a specialist in school psychology licensed under   Chapter 501, Occupations Code.          (h)  On a determination that a student or other individual   poses a serious risk of violence to self or others, a team shall   immediately report the team's determination to the superintendent   and, if[.  If] the individual is a student, [the superintendent   shall] immediately attempt to inform the parent or person standing   in parental relation to the student.  The requirements of this   subsection do not prevent an employee of the school from acting   immediately to prevent an imminent threat or respond to an   emergency.          SECTION 8.  Sections 37.203(a) and (b), Education Code, are   amended to read as follows:          (a)  The center is advised by a board of directors composed   of:                (1)  the attorney general, or the attorney general's   designee;                (2)  the commissioner, or the commissioner's designee;                (3)  the executive director of the Texas Juvenile   Justice Department, or the executive director's designee;                (4)  the commissioner of the Department of State Health   Services, or the commissioner's designee;                (5)  the commissioner of higher education, or the   commissioner's designee; and                (6)  the following members appointed by the governor   with the advice and consent of the senate:                      (A)  a juvenile court judge;                      (B)  a member of a school district's board of   trustees;                      (C)  an administrator of a public primary school;                      (D)  an administrator of a public secondary   school;                      (E)  a member of the state parent-teacher   association;                      (F)  a teacher from a public primary or secondary   school;                      (G)  a public school superintendent who is a   member of the Texas Association of School Administrators;                      (H)  a school district police officer or a peace   officer whose primary duty consists of working in a public school;                      (I)  a professional architect who is registered in   this state and a member of the Texas Society of Architects;                      (J)  an administrator of a public junior college;   and                      (K) [(J)]  three members of the public.          (b)  Members of the board appointed under Subsection (a)(6)   serve staggered two-year terms, with the terms of the members   described by Subsections (a)(6)(A)-(F) expiring on February 1 of   each odd-numbered year and the terms of the members described by   Subsections (a)(6)(G)-(K) [(J)] expiring on February 1 of each   even-numbered year.  A member may serve more than one term.          SECTION 9.  Section 37.222(b), Education Code, is amended to   read as follows:          (b)  At least three times each school year, each [Each]   school district and open-enrollment charter school shall provide   the information and other resources described under Subsection (a)   to the parent or guardian of each student enrolled in the district   or school.          SECTION 10.  Section 37.353, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  A good cause exception claimed by a school district   under Subsection (a) expires on the fifth anniversary of the date on   which the exception is claimed.  On the expiration of the exception,   the district must reevaluate whether the district is able to comply   with each school facility standard related to safety and security,   and if not, renew:                (1)  the claim for an exception under Subsection (a);   and                (2)  the alternative performance standard developed   under Subsection (b).          SECTION 11.  Section 48.115(b), Education Code, is amended   to read as follows:          (b)  Funds allocated under this section must be used to   improve 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)  interior and exterior door and window safety   and security upgrades, including:                            (i)  exterior door numbering;                            (ii)  primary and secondary locking systems;   and                            (iii) 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, behavioral interventionists, chaplains, and individuals   trained in restorative discipline and [restorative] justice or   other discipline management 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.          SECTION 12.  Sections 85.024(a) and (b), Local Government   Code, are amended to read as follows:          (a)  The sheriff of a county with a total population of less   than 350,000 in which a school district or open-enrollment charter    [public] school is located shall call and conduct a meeting at least   twice each calendar year, not less than three months apart,   [semiannual meetings] to discuss:                (1)  school safety;                (2)  coordinated law enforcement response to school   violence incidents;                (3)  law enforcement agency capabilities;                (4)  available resources;                (5)  emergency radio interoperability;                (6)  chain of command planning; and                (7)  other related subjects proposed by a person in   attendance at the meeting.          (b)  The sheriff of a county to which this section applies in   which more than one school district or open-enrollment charter    [public] school is located may discuss school safety policies for   more than [is only required to hold] one school district or   open-enrollment charter school in a [semiannual] meeting described   by Subsection (a).  This subsection does not require districts or   schools [public schools] located within the same county to adopt   the same school safety policies.          SECTION 13.  Section 37.2161, Education Code, is repealed.          SECTION 14.  This Act applies beginning with the 2025-2026   school year.          SECTION 15.  Not later than February 1, 2026, the governor   shall appoint the new member to the board of directors of the Texas   School Safety Center as required by Section 37.203(a)(6)(J),   Education Code, as amended by this Act.          SECTION 16.  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 17.  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.     * * * * *