88R21283 JES-F     By: King of Hemphill, Burrows, H.B. No. 13       King of Uvalde, González of El Paso,         Buckley, et al.     Substitute the following for H.B.        A BILL TO BE ENTITLED   AN ACT   relating to training, preparedness, and funding for school safety   and emergencies in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 22, Education Code, is   amended by adding Section 22.904 to read as follows:          Sec. 22.904.  MENTAL HEALTH FIRST AID TRAINING. (a)  A   school district shall require each district employee who regularly   interacts with students enrolled at the district to complete an   evidence-based mental health first aid training program designed to   provide instruction to participants regarding the recognition and   support of children and youth who experience a mental health or   substance use issue that may pose a threat to school safety.          (b)  The agency shall provide an allotment to each school   district equal to the amount district employees spent on travel and   training fees in accordance with commissioner rule to comply with   this section. An allotment provided to a district under this   section must be used to reimburse the employee for the cost of   travel and training fees.          (c)  The commissioner shall adopt rules to implement this   section, including rules specifying the training fees and travel   expenses subject to reimbursement under Subsection (b).          SECTION 2.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.08121 to read as follows:          Sec. 37.08121.  SCHOOL GUARDIAN TRAINING AND STIPEND.  (a)     In this section, "school guardian" means a school district or   open-enrollment charter school employee who, pursuant to the   written regulations or written authorization of the district or   school under Section 46.03(a)(1)(A), Penal Code, is authorized to   carry or possess a specified weapon for the purpose of providing   safety and security on the physical premises of the employee's   school, any grounds or building on which an activity sponsored by   the school is being conducted, or a passenger transportation   vehicle of the school.          (b)  The written regulation or authorization of a school   district or open-enrollment charter school that authorizes the   presence of a school guardian must require the guardian to complete   a school guardian training program approved by the agency under   this section before being permitted to carry or possess a weapon on   the physical premises of the school for the purposes of providing   safety and security.          (c)  The agency may only approve a school guardian training   program if the program:                (1)  requires completion of all training required for a   school marshal, including the training program provided under   Section 1701.260, Occupations Code; and                (2)  includes instruction in mental health first aid   and trauma-informed care.          (d)  From funds appropriated or otherwise available for the   purpose, a school district or open-enrollment charter school   employee is entitled to a stipend in an amount determined by the   commissioner of not more than $25,000 per school year that the   employee serves as a school guardian after completing the training   program required by this section.  A stipend received under this   subsection is not considered a part of the employee's compensation,   including for purposes of determining whether a school district is   paying an employee the minimum monthly salary under Section 21.402.          (e)  The commissioner shall adopt rules necessary to   implement this section.          SECTION 3.  Section 37.115(c), Education Code, is amended to   read as follows:          (c)  The board of trustees of each school district shall   establish a threat assessment and safe and supportive school team   to serve at each campus of the district and shall adopt policies and   procedures for the teams.  The team is responsible for developing   and implementing the safe and supportive school program under   Subsection (b) at the district campus served by the team.  The   policies and procedures adopted under this section must:                (1)  be consistent with the model policies and   procedures developed by the Texas School Safety Center;                (2)  require each team to complete training provided by   the Texas School Safety Center or a regional education service   center regarding evidence-based threat assessment programs; [and]                (3)  require each team established under this section   to report the information required under Subsection (k) regarding   the team's activities to the agency; and                (4)  require each district campus to establish a clear   procedure for a student to report concerning behavior exhibited by   another student for assessment by the team or other appropriate   school employee.          SECTION 4.  Section 37.108(g), Education Code, is amended to   read as follows:          (g)  A school district shall include in its multihazard   emergency operations plan an active shooter preparedness appendix.     The active shooter preparedness appendix must include a   certification by the district that the district has provided to   each law enforcement agency with jurisdiction in the district or   geographic area served by the district:                (1)  an accurate map of each district campus that is   oriented to true north; and                (2)  an opportunity to conduct a walk-through of each   district facility.  [a policy for responding to an active shooter   emergency.  The school district may use any available community   resources in developing the policy described by this subsection.]          SECTION 5.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.116 to read as follows:          Sec. 37.116.  SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.     (a)  With funds appropriated or otherwise available for the   purpose, the agency shall establish a grant program to assist   school districts and open-enrollment charter schools with any cost   identified by a district or school as necessary for enhancing the   infrastructure of each district or school campus to meet agency   safety standards.          (b)  The commissioner shall adopt rules to implement this   section.          SECTION 6.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (c-1) and   (c-2) 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 of $100 [in the amount provided by appropriation]   for each student in average daily attendance.          (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, 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 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].          (c-1)  The agency, or if designated by the agency, the Texas   School Safety Center, shall establish and publish a directory of   approved vendors of school safety technology and equipment a school   district may select from when using funds allocated under this   section.  If a school district uses funds allocated under this   section to purchase technology or equipment from a vendor that is   not included in the directory, the district must solicit bids from   at least three vendors before completing the purchase.          (c-2)  Subsection (c-1) does not apply to:                (1)  a vendor of behavioral health services or   programming; or                (2)  a vendor used by a third party engaged by a school   district to improve school safety or security.          SECTION 7.  Section 48.257, Education Code, is amended by   amending Subsection (a) and adding Subsection (h) to read as   follows:          (a)  Subject to Subsections [Subsection] (b) and (h), if a   school district's tier one local share under Section 48.256 exceeds   the district's entitlement under Section 48.266(a)(1) less the   district's distribution from the state available school fund, the   district must reduce the district's tier one revenue level in   accordance with Chapter 49 to a level not to exceed the district's   entitlement under Section 48.266(a)(1) less the district's   distribution from the state available school fund.          (h)  This subsection applies only to a school district to   which Subsection (a) applies.  A school district is not required to   reduce the district's tier one revenue level under Subsection (a)   by an amount necessary for the district to employ an off-duty peace   officer as school security personnel.          SECTION 8.  Subtitle I, Title 2, Education Code, is amended   by adding Chapter 47A to read as follows:   CHAPTER 47A.  STATE SCHOOL SAFETY FUND AND GRANTS          Sec. 47A.001.  DEFINITIONS. In this chapter:                (1)  "Corporation" means the Texas Permanent School   Fund Corporation established under Chapter 43.                (2)  "Fund" means the state school safety fund   established under Section 7, Article VII, Texas Constitution.                (3)  "Program" means the school safety grant program.          Sec. 47A.002.  DEPOSITS TO FUND BY COMMISSIONER.   Notwithstanding any other law, including Section 48.265, if the   commissioner determines that the amount appropriated for a state   fiscal year for purposes of administering the Foundation School   Program exceeds the amount to which school districts and   open-enrollment charter schools are entitled under Chapters 46, 48,   and 49 for that year, the commissioner shall deposit a portion of   that excess, up to 100 percent, to the credit of the fund.          Sec. 47A.003.  USES OF FUND.  Money in the fund may only be   used to provide grants to school districts and open-enrollment   charter schools to enhance school safety under Section 47A.005.          Sec. 47A.004.  ADMINISTRATION OF FUND. (a)  The corporation   shall hold and invest the fund with the objective of maintaining   sufficient liquidity to meet the needs of the fund while striving to   maximize returns.  In managing the assets of the fund, through   procedures and subject to restrictions the corporation considers   appropriate, the corporation may acquire, exchange, sell,   supervise, manage, or retain any type of investment that a person of   ordinary prudence, discretion, and intelligence, exercising   reasonable care, skill, and caution, would acquire, exchange, sell,   supervise, manage, or retain in light of the fund's investment   objective.          (b)  The corporation may charge a fee not to exceed the   amount necessary to cover the costs estimated to be incurred by the   corporation in managing and investing the fund.  The fee may be   assessed on the available balance of the fund each fiscal year.          Sec. 47A.005.  SCHOOL SAFETY GRANTS. (a)  The commissioner   shall establish a school safety grant program using proceeds of the   fund to provide grants to school districts and open-enrollment   charter schools.          (b)  The commissioner may only award a grant to a school   district or open-enrollment charter school to reimburse the   district or school for expenditures required for the implementation   of a school safety plan that has been approved by the agency.          (c)  The commissioner may award grants each school year in an   amount not to exceed $10 million to a school district or   open-enrollment charter school.          (d)  The commissioner may award grants each school year not   to exceed a total amount of $250 million.          (e)  If the amount of grant requests under the program   exceeds $250 million in a school year, the commissioner shall   proportionately reduce the amount of each grant in that school year   in an amount necessary to limit the total amount of grants provided   to $250 million.          (f)  Notwithstanding Subsection (c) and subject to the   limitation under Subsection (d), if excess funds are available for   a school year, the commissioner may provide additional grants to   school districts and open-enrollment charter schools that incurred   eligible expenses of more than $10 million in that school year.          Sec. 47A.006.  RULES. The commissioner, in consultation   with the corporation, may adopt rules as necessary to implement   this chapter.          SECTION 9.  (a)  Except as provided by Subsections (b) and   (c) of this section, this Act applies beginning with the 2023-2024   school year.          (b)  Notwithstanding Section 22.904, Education Code, as   added by this Act, a school district must require the district's   employees to complete the mental health first aid training required   under that section as follows:                (1)  at least 25 percent of the applicable district   employees before the beginning of the 2025-2026 school year;                (2)  at least 50 percent of the applicable district   employees before the beginning of the 2026-2027 school year;                (3)  at least 75 percent of the applicable district   employees before the beginning of the 2027-2028 school year; and                (4)  100 percent of the applicable district employees   before the beginning of the 2028-2029 school year.          (c)  Chapter 47A, Education Code, as added by this Act,   applies beginning with the 2024-2025 school year.          SECTION 10.  (a) Except as provided by Subsections (b) and   (c) 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)  Sections 48.115 and 48.257, Education Code, as amended   by this Act, take effect September 1, 2023.          (c)  Section 8 of this Act takes effect January 1, 2024, but   only if the constitutional amendment proposed by the 88th   Legislature, Regular Session, 2023, creating the state school   safety fund to provide financial support for projects that enhance   the safety of public schools in this state is approved by the   voters.  If that constitutional amendment is not approved by the   voters, Section 8 of this Act has no effect.