By: Burrows H.B. No. 3       A BILL TO BE ENTITLED   AN ACT   relating to the development and implementation of, and funding for   public school safety and security requirements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.028(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Section 21.006(k), 22.093(l),   22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1084, 38.003,   or 39.003, the agency may monitor compliance with requirements   applicable to a process or program provided by a school district,   campus, program, or school granted charters under Chapter 12,   including the process described by Subchapter F, Chapter 11, or a   program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,   or Subchapter A, Chapter 37, only as necessary to ensure:                (1)  compliance with federal law and regulations;                (2)  financial accountability, including compliance   with grant requirements;                (3)  data integrity for purposes of:                      (A)  the Public Education Information Management   System (PEIMS); and                      (B)  accountability under Chapters 39 and 39A; and                (4)  qualification for funding under Chapter 48.          SECTION 2.  Section 7.061(c), Education Code, is amended to   read as follows:          (c)  Not later than September 1 of each even-numbered year,   the commissioner shall review all rules adopted or amended under   this section and amend the rules as necessary to ensure that   building standards for school district and open-enrollment charter   school facilities continue to provide a secure and safe   environment. In reviewing and amending the rules, the commissioner   shall:                (1)  in consultation with Texas School Safety Center,   identify and adopt any changes under Section 37.221; and                (2)  require that new and, to the extent feasible,   existing school facilities meet or exceed the amended building   standards.          SECTION 3.  Section 12.104(b), Education Code, as amended by   Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.   2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular   Session, 2021, is reenacted and 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, 37.1084, 37.109, 37.113,   37.114, 37.1141, 37.115, 37.207, and 37.2071;                      (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) [(X)]  parental options to retain a student   under Section 28.02124.          SECTION 4.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0814 to read as follows:          Sec. 37.0814.  ARMED SECURITY OFFICER REQUIRED.  (a)  The   board of trustees of each school district shall determine the   appropriate number of armed security officers for each campus;   however, they shall ensure that at least one armed security officer   is present during regular school hours at each district campus.          (b)  A security officer described by Subsection (a) must be:                (1)  a school district peace officer;                (2)  a school resource officer;                (3)  a commissioned peace officer employed as security   personnel under Section 37.081;                (4)  a school marshal; or                (5)  a school district employee who:                      (A)  has completed school safety training   provided by a qualified handgun instructor certified in school   safety under Section 411.1901, Government Code; and                      (B)  carries a handgun on their person on school   premises in accordance with written regulations or written   authorization of the district under Section 46.03(a)(1)(A), Penal   Code.          SECTION 5.  Section 37.108, Education Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsections (a-1)   and (h) 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 in   accordance with the definitions established for those terms under   Subsection (a-1) [as defined by the Texas School Safety Center in   conjunction with the governor's office of homeland security and the   commissioner of education or commissioner of higher education, as   applicable].  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:                      (A) [,] mandatory school drills and exercises,   including drills required under Section 37.114, to prepare district   students and employees for responding to an emergency; and                      (B)  measures that incorporate and address the   results of a safety and security audit conducted under Subsection   (b) and an intruder detection audit conducted under Section   37.1084;                (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; and                (6)  the implementation of a safety and security audit   as required by Subsection (b).          (a-1)  The Texas School Safety Center shall establish   definitions of prevention, mitigation, preparedness, response, and   recovery for purposes of a multihazard emergency operations plan   under Subsection (a):                (1)  for a plan applicable to a public junior college   district, in conjunction with the governor's office of homeland   security and the commissioner of higher education; or                (2)  for a plan applicable to a school district, in   conjunction with the governor's office of homeland security and   with the approval of the commissioner of education.          (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 in the following manner:                (1)  a school [.  To the extent possible, a] district   shall:                      (A)  follow safety and security audit procedures   adopted by the commissioner as developed by the Texas School Safety   Center; and                      (B)  unless a district employee conducts the   audit, engage [or] a person approved by the commissioner and   included in the registry established by the Texas School Safety   Center under Section 37.2091 to conduct the audit; and                (2)  a public junior college district shall, to the   extent possible, follow safety and security audit procedures   developed by the Texas School Safety Center or a person included in   the registry established by the Texas School Safety Center under   Section 37.2091.          (h)  The commissioner shall adopt rules from proposals of the   Texas School Safety Center regarding requirements for school   district:                (1)  multihazard emergency operations plans; and                (2)  safety and security audits.          SECTION 6.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1084 to read as follows:          Sec. 37.1084.  AGENCY MONITORING OF SCHOOL DISTRICT SAFETY   AND SECURITY REQUIREMENTS.  (a)  The agency shall monitor the   implementation and operation of school district multihazard   emergency operations plans and safety and security audits and other   school district safety and security requirements. The monitoring   must include at least one intruder detection audit of each school   district to determine whether an intruder could gain unsecured,   unauthorized access to a district campus. Each school district   shall have at least one Intruder Detection Audit per year, with at   least 25% of the campuses being physically audited.          (b)  The agency may establish an office of school safety and   security within the agency to coordinate the agency's monitoring of   school district safety and security requirements under this   section.  The head of an office of school safety and security   established under this subsection must report directly to the   commissioner.          (c)  The agency shall provide technical assistance to   support implementation of school district multihazard emergency   operations plans and safety and security audits and other school   district safety and security requirements.          (d)  The agency may use or require the use of third parties to   conduct the monitoring required under this section.          (e)  The commissioner may take appropriate action under   Chapter 39A, including the assignment of a conservator or the   appointment of a board of managers, if a school district fails to:                (1)  submit to the required monitoring under this   section;                (2)  comply with applicable safety and security   requirements; or                (3)  address in a reasonable time period, as determined   by commissioner rule, issues raised by the monitoring of the   district under this section.          (f)  The agency, or if approved by the agency, the Texas   School Safety Center, may identify, develop, and make available to   school districts information to assist districts in the   implementation and operation of safety and security requirements,   including relevant:                (1)  guidelines;                (2)  techniques;                (3)  blueprints;                (4)  best practices; and                (5)  procedures.          (g)  The agency, the Texas School Safety Center, and school   districts may share information described by Subsection (f) with   one another.          (h)  The agency may require a school district to submit   information necessary for the agency to monitor the implementation   and operation of school district safety and security requirements   under this section, including:                (1)  notice of an event requiring a district's   emergency response; and                (2)  information regarding the district's response and   use of emergency operations procedures during an event described by   Subdivision (1).          (i)  The agency may review school district records as   necessary to ensure compliance with this subchapter and Subchapter   G.          (j)  Any document or information collected, identified,   developed, or produced relating to the monitoring of school   district safety and security requirements under this section is   confidential under Sections 418.177 and 418.181, Government Code,   and not subject to disclosure under Chapter 552, Government Code.          (k)  The commissioner may adopt rules as necessary to   administer this section.          (i)  Any proceeds from bonds must be used by school districts   to come into compliance with the school safety standards set forth   herein before any other money from bonds can be spent otherwise.          SECTION 7.  Chapter 37, Education Code, is amended by adding   37.116 to read as follows:   37.116. SCHOOL SAFETY COORDINATION AND REPORTING PROGRAM.          (a)  In each county under 350,000 population, the sheriff   shall twice annually coordinate a meeting of school officials and   all law enforcement in the county that could respond to a school   violence incident.          (b)  The following entities are required to participate in   the biannual meetings:                (1)  the elected sheriff or designee;                (2)  the police chief or designee for any police   department in the county;                (3)  each elected constable or designee in the county;                (4)  each school police department chief or security   coordinator:                (5)  DPS personnel assigned to the county;                (6)  other state agency law enforcement officers   assigned to the county;                (7)  federal law enforcement officials assigned to the   county;                (8)  County and Municipal EMS and Fire command staff;                (9)  the superintendent or designee for each district   in the county; and                (10)  other entities deemed appropriate by the sheriff.          (c)  Attendees at the biannual meetings will discuss agency   capabilities, resources, emergency radio interoperability, chain   of command planning, and other topics submitted by the attendees.          (d)  The sheriff shall submit to the center a report   identifying the attendee list and the agenda items discussed. The   center shall maintain the reports and make them available on its   public website.          SECTION 8.  Section 37.2071, Education Code, is amended by   amending Subsections (a), (c), and (e) and adding Subsections (b-1)   and (e-1) to read as follows:          (a)  The center shall establish a random or need-based cycle   for the center's review and verification of school district and   public junior college district multihazard emergency operations   plans adopted under Section 37.108.  The cycle must:                (1)  provide for each district's plan to be reviewed at   regular intervals as determined by the center; and                (2)  if applicable to a school district's plan, be   approved by the agency.          (b-1)  The center shall share with the agency a copy of each   school district multihazard emergency operations plan submitted   under Subsection (b) and any other information requested by the   agency regarding the review of a school district's multihazard   emergency operations plan.          (c)  The center, or, for a school district, the center and   the agency, shall review each district's multihazard emergency   operations plan submitted under Subsection (b) and:                (1)  verify the plan meets the requirements of Section   37.108; or                (2)  provide the district with written notice:                      (A)  describing the plan's deficiencies;                      (B)  including specific recommendations to   correct the deficiencies; and                      (C) [(B)]  stating that the district must correct   the deficiencies in its plan and resubmit the revised plan to the   center.          (e)  The center, or for a school district, the center and the   agency may approve a district multihazard emergency operations plan   that has deficiencies if the district submits a revised plan that   the center or the center and the agency, if applicable, determines   will correct the deficiencies.          (e-1)  A school district multihazard emergency operations   plan may not be verified or approved under this section without the   agency's approval.          SECTION 9.  Section 37.2091, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  The center must receive approval from the agency   before adding to the registry a person providing school safety or   security consulting services to school districts.          SECTION 10.  Subchapter G, Chapter 37, Education Code, is   amended by adding Section 37.221 to read as follows:          Sec. 37.221.  FACILITIES STANDARDS REVIEW.  At least once   every five years, the center shall review the building standards   for instructional facilities adopted under Section 7.061 and make   recommendations to the commissioner regarding any changes   necessary to ensure that the building standards reflect best   practices for student safety.  The commissioner shall work with   local jurisdictions to make the adopted building standards part of   local building codes to ensure compliance.          SECTION 11.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (b-1) to   read as follows:          (a)  A [From funds appropriated for that purpose, the   commissioner shall provide to a] school district is entitled to an   annual allotment equal to the sum of the following amounts or a   greater [in the] amount provided by appropriation:                (1)  $10 for each student in average daily attendance,   plus $1 for each student in average daily attendance per every $50   by which the district's maximum basic allotment under Section   48.051 exceeds $6,160, prorated as necessary; and                (2)  $15,000 per campus.          (b)  Funds allocated under this section must be used to   improve school safety and security, including costs associated   with:                (1)  securing school facilities, including:                      (A)  improvements to school infrastructure;                      (B)  the use or installation of physical barriers;   and                      (C)  the purchase and maintenance of:                            (i)  security cameras or other security   equipment; and                            (ii)  technology, including communications   systems or devices, 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, school marshals, and other persons   authorized by a school board under other law to carry a weapon;                      (B)  employing a school safety director and other   personnel to manage and monitor school safety initiatives and   implementation; and                      (C) [(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 [training and   planning], 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, and individuals trained in restorative discipline and   restorative justice practices;                            (ii)  providing mental health personnel and   support;                            (iii)  providing behavioral health   services;                            (iv)  establishing threat reporting   systems; and                            (v)  developing and implementing programs   focused on restorative justice practices, culturally relevant   instruction, and providing mental health support; and                (4)  providing programs related to suicide prevention,   intervention, and postvention.          (b-1)  The agency and Texas School Safety Center shall   designate certain technologies that a school district can purchase,   using funds allocated under this section, from a vendor approved by   the agency and Texas School Safety Center. The funds allocated   herein may not be used by a school district to purchase technologies   from a vendor not on the aforementioned approved list.            SECTION 12.  To the extent of any conflict, this Act prevails   over another Act of the 88th Legislature, Regular Session, 2023,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 13.  Section 7.028, Education Code, as amended by   this Act, and Chapter 37, Education Code, as amended by this Act,   apply beginning with the 2023-2024 school year.          SECTION 14.  (a)  Except as provided by Subsection (b) of   this section, 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, 2023.          (b)  Section 48.115, Education Code, as amended by this Act,   and Section 48.116, Education Code, as added by this Act, take   effect September 1, 2023.