88R29639 ANG-D     By: Nichols, et al. S.B. No. 11     (King of Hemphill)     Substitute the following for S.B. No. 11:  No.       A BILL TO BE ENTITLED   AN ACT   relating to measures for ensuring safety and security in public   schools, including measures related to the health and safety of   public school students and active shooter training for certain   peace officers.          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), 37.1083, 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.  Sections 7.061(b) and (c), Education Code, are   amended to read as follows:          (b)  The commissioner shall adopt or amend rules as necessary   to ensure that facilities [building] standards for instructional   facilities and other school district and open-enrollment charter   school facilities, including construction quality, performance,   operational, and other standards related to the safety and security   of school facilities, provide a secure and safe environment.  In   adopting or amending rules under this section, the commissioner   shall include the use of best practices for:                (1)  the design and construction of new facilities; and                (2)  the improvement, renovation, and retrofitting of   existing facilities.          (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   facilities [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 the Texas School Safety   Center, identify and adopt any changes recommended under Section   37.221; and                (2)  require that new and, to the extent feasible,   existing school facilities meet or exceed the standards established   by rule under this section and described by Section 37.351.          SECTION 3.  Subchapter B, Chapter 8, Education Code, is   amended by adding Section 8.064 to read as follows:          Sec. 8.064.  SCHOOL SAFETY SUPPORT. A regional education   service center shall act as a school safety resource, using   materials and resources developed by the Texas School Safety Center   or the agency in accordance with Chapter 37, for school districts   and open-enrollment charter schools in the region served by the   center.  The center may assist a school district or open-enrollment   charter school directly or in collaboration with the Texas School   Safety Center and local law enforcement agencies, as applicable:                (1)  in developing and implementing a multihazard   emergency operations plan under Section 37.108;                (2)  in establishing a school safety and security   committee under Section 37.109;                (3)  in conducting emergency school drills and   exercises;                (4)  in addressing deficiencies in campus security   identified by an on-site audit conducted by the agency under   Section 37.1083; and                (5)  by providing guidance on any other matter relating   to school safety and security.          SECTION 4.  Section 11.201(c), Education Code, is amended to   read as follows:          (c)  For purposes of this subsection, "severance payment"   means any amount paid by the board of trustees of an independent   school district to or in behalf of a superintendent on early   termination of the superintendent's contract that exceeds the   amount earned by the superintendent under the contract as of the   date of termination, including any amount that exceeds the amount   of earned standard salary and benefits that is paid as a condition   of early termination of the contract.  The board of trustees may not   make a severance payment to a superintendent who was terminated as a   result of the district's noncompliance with safety and security   requirements as provided by Section 37.1084.  The board of trustees   that makes a severance payment to a superintendent shall report the   terms of the severance payment to the commissioner.  The   commissioner shall reduce the district's Foundation School Program   funds by any amount that the amount of the severance payment to the   superintendent exceeds an amount equal to one year's salary and   benefits under the superintendent's terminated contract. The   commissioner may adopt rules as necessary to administer this   subsection.          SECTION 5.  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   37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.109,   37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter   J, Chapter 37;                      (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 6.  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)  Except   as otherwise provided by this section, 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)  A school district may not require a district employee   who has previously completed mental health first aid training   offered by a local mental health authority under Section 1001.203,   Health and Safety Code, to complete the training required by this   section.          (c)  The agency shall provide an allotment to each school   district equal to the sum of the amount district employees spent on   travel and training fees and the product of each employee's hourly   salary multiplied by the number of hours that employee spent   completing the training 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 and to compensate the employee for the time   spent completing the training required by this section.          (d)  The State Board for Educator Certification shall   propose rules allowing an educator to receive credit toward the   educator's continuing education requirements under Section   21.054(g) for the educator's participation in mental health first   aid training under this section.          (e)  The commissioner shall adopt rules to implement this   section, including rules specifying the training fees and travel   expenses subject to reimbursement under Subsection (c).          SECTION 7.  Section 25.002(a), Education Code, is amended to   read as follows:          (a)  If a parent or other person with legal control of a child   under a court order enrolls the child in a public school, the parent   or other person or the school district in which the child most   recently attended school shall furnish to the school district:                (1)  the child's birth certificate or another document   suitable as proof of the child's identity;                (2)  a copy of the child's records from the school the   child most recently attended if the child has been previously   enrolled in a school in this state or another state, including for a   child who most recently attended a public school in this state, a   copy of the child's disciplinary record and any threat assessment   involving the child's behavior conducted under Section 37.115; and                (3)  a record showing that the child has the   immunizations as required under Section 38.001, in the case of a   child required under that section to be immunized, proof as   required by that section showing that the child is not required to   be immunized, or proof that the child is entitled to provisional   admission under that section and under rules adopted under that   section.          SECTION 8.  Section 25.036, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  In the case of a transfer under this section, a child's   school district of residence shall provide the receiving district   with the child's disciplinary record and any threat assessment   involving the child's behavior conducted under Section 37.115.          SECTION 9.  Section 29.202(a), Education Code, is amended to   read as follows:          (a)  A student is eligible to receive a public education   grant or to attend another public school in the district in which   the student resides under this subchapter if the student is   assigned to attend a public school campus:                (1)  assigned an unacceptable performance rating that   is made publicly available under Section 39.054; or                (2)  determined by the commissioner to be noncompliant   with safety and security requirements under Section 37.1084.          SECTION 10.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Section 29.9074 to read as follows:          Sec. 29.9074.  FENTANYL POISONING AWARENESS WEEK. (a)  To   educate students about the dangers posed by the drug fentanyl and   the risks of fentanyl poisoning, including overdose, the governor   shall designate a week to be known as Fentanyl Poisoning Awareness   Week in public schools.          (b)  Fentanyl Poisoning Awareness Week may include   age-appropriate instruction, including instruction on the   prevention of the abuse of and addiction to fentanyl, as determined   by each school district.          SECTION 11.  Section 37.081, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),   and (a-4) to read as follows:          (a)  The board of trustees of any school district may:                (1)  employ or contract with security personnel;                (2)  [,] enter into a memorandum of understanding with   a local law enforcement agency or a county or municipality that is   the employing political subdivision of commissioned peace officers   for the provision of school resource officers;                (3)  for the purposes of providing security personnel,   contract with a security services contractor licensed under Chapter   1702, Occupations Code, for the provision of a commissioned   security officer, as defined by Section 1702.002, Occupations Code,   who has completed the Level II or III training course required by   the Department of Public Safety; [,] and                (4)  commission peace officers to carry out this   subchapter.            (a-1)  [If a board of trustees authorizes a person employed   as security personnel to carry a weapon, the person must be a   commissioned peace officer.]  The jurisdiction of a peace officer,   a school resource officer, or security personnel under this section   shall be determined by the board of trustees and may include all   territory in the boundaries of the school district and all property   outside the boundaries of the district that is owned, leased, or   rented by or otherwise under the control of the school district and   the board of trustees that employ or contract with, as applicable,   the peace officer or security personnel or that enter into a   memorandum of understanding for the provision of a school resource   officer.          (a-2)  A memorandum of understanding for the provision of   school resource officers entered into under Subsection (a) must:                (1)  be in the form of an interlocal contract under   Chapter 791, Government Code; and                (2)  use a proportionate cost allocation methodology to   address any costs or fees incurred by the school district or the   local law enforcement agency, county, or municipality, as   applicable.          (a-3)  The cost allocation methodology used under Subsection   (a-2)(2) may allow a local law enforcement agency, county, or   municipality, as applicable, to recoup direct costs incurred as a   result of the contract but may not allow the agency, county, or   municipality to profit under the contract.          (a-4)  A school district, local law enforcement agency,   county, or municipality that enters into a memorandum of   understanding under Subsection (a) may seek funding from federal,   state, and private sources to support the cost of providing school   resource officers under this section.          SECTION 12.  Section 37.0812(a), Education Code, is amended   to read as follows:          (a)  A school district peace officer or school resource   officer shall complete an active shooter response training program   approved by the Texas Commission on Law Enforcement at least once in   each four-year period.          SECTION 13.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.08121 to read as follows:          Sec. 37.08121.  SCHOOL SENTINEL PROGRAM, TRAINING, AND   STIPEND.  (a)  In this section, "school sentinel" 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)  A school district or open-enrollment charter school may   establish a school sentinel program in accordance with this section   for the purposes of school safety and security on school premises.     The written regulation or authorization of a school district or   open-enrollment charter school that authorizes the presence of a   school sentinel must require the sentinel to complete a school   sentinel 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)  A school district or open-enrollment charter school   that authorizes the presence of a school sentinel under this   section shall:                 (1)  designate a marking or uniform that identifies to   a law enforcement agency that the person is a school sentinel;                (2)  require each school sentinel to wear a marking or   uniform described by Subdivision (1) while providing school   sentinel services at the district or school in the manner provided   under Subsection (b); and                (3)  maintain information regarding the marking or   uniform designated under Subdivision (1) as confidential except   that the district or school shall disclose the information to an   appropriate law enforcement agency in accordance with Section   37.108(g).          (d)  The agency may only approve a school sentinel 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.          (e)  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 sentinel 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.          (f)  The commissioner shall adopt rules necessary to   implement this section.          SECTION 14.  Section 37.108, Education Code, is amended by   amending Subsections (a), (b), (f), and (g) and adding Subsection   (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 as   defined by the Texas School Safety Center in conjunction with the   governor's office of homeland security, [and] the commissioner of   education, and the [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 and [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; [and]                (6)  the implementation of a safety and security audit   as required by Subsection (b);                (7)  documentation related to the district's compliance   with safety and security facility standards, including:                      (A)  campus site plans;                      (B)  documentation of exterior door numbering for   each campus; and                      (C)  any good cause exceptions claimed by the   district under Section 37.352;                (8)  evidence-based strategies to create a positive and   safe school environment, including:                      (A)  family engagement programs;                      (B)  employee training on multi-tiered systems of   support for academic and behavioral success;                      (C)  efforts to respond to chronic absenteeism;                      (D)  integrating the trauma-informed practices   established by the district's trauma-informed care policy under   Section 38.036; and                      (E)  opportunities for community feedback on the   implementation of the measures required by this subdivision; and                (9)  any other requirements established by the Texas   School Safety Center in consultation with the agency.          (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.  A [To the extent possible, a]   district, or a person included in the registry established by the   Texas School Safety Center under Section 37.2091 who is engaged by   the district to conduct a safety and security audit, shall follow   safety and security audit procedures developed by the Texas School   Safety Center in coordination with the commissioner of education or   commissioner of higher education, as applicable [or a person   included in the registry established by the Texas School Safety   Center under Section 37.2091].          (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; [and]                (8)  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                (9)  certification that the district is in compliance   with Section 37.117, requiring the district to provide the   Department of Public Safety, local law enforcement agencies, and   emergency first responders with an accurate map for all district   campuses and school buildings.          (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)  information regarding the identity of the school   sentinel authorized under Section 37.08121 at each district campus   and the marking or uniform worn by the school sentinel or other   manner in which a law enforcement agency may confidentially   identify the school sentinel;                (2)  an accurate map of each district campus that meets   the requirements of Section 37.117; and                (3)  an opportunity to conduct a walk-through of each   district facility using the map of the district campus described by   Subdivision (2).  [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.]          (h)  The Texas School Safety Center and the agency shall   provide school safety-related data collected by the center or   agency to each other on request.          SECTION 15.  Section 37.1081(a), Education Code, is amended   to read as follows:          (a)  If the board of trustees of a school district receives   notice of noncompliance under Section 37.207(e) or 37.2071(d) or   (g) [37.2071(g)], the board shall hold a public hearing to notify   the public of:                (1)  the district's failure to:                      (A)  submit or correct deficiencies in a   multihazard emergency operations plan; or                      (B)  report the results of a safety and security   audit to the Texas School Safety Center as required by law;                (2)  the dates during which the district has not been in   compliance; and                (3)  the names of each member of the board of trustees   and the superintendent serving in that capacity during the dates   the district was not in compliance.          SECTION 16.  The heading to Section 37.1082, Education Code,   is amended to read as follows:          Sec. 37.1082.  MULTIHAZARD EMERGENCY OPERATIONS PLAN   NONCOMPLIANCE; APPOINTMENT OF AGENCY MONITOR, CONSERVATOR, OR   BOARD OF MANAGERS.          SECTION 17.  Sections 37.1082(a) and (b), Education Code,   are amended to read as follows:          (a)  If the agency receives notice from the Texas School   Safety Center of a school district's failure to submit a   multihazard emergency operations plan, the commissioner may   appoint an agency monitor [a conservator] for the district under   Chapter 39A. The agency monitor [conservator] may participate in   and report to the agency on the district's adoption,   implementation, and submission of [order the district to adopt,   implement, and submit] a multihazard emergency operations plan.          (b)  If a district fails to comply with an agency monitor's   requests regarding the district's adoption, implementation, and   submission of [a conservator's order to adopt, implement, and   submit] a multihazard emergency operations plan within the time   frame imposed by the commissioner, the commissioner may appoint a   conservator or board of managers under Chapter 39A to oversee the   operations of the district.          SECTION 18.  Subchapter D, Chapter 37, Education Code, is   amended by adding Sections 37.1083, 37.1084, 37.1085, and 37.1131   to read as follows:          Sec. 37.1083.  AGENCY MONITORING OF SCHOOL DISTRICT SAFETY   AND SECURITY REQUIREMENTS. (a) The agency shall monitor school   district compliance with safety and security requirements,   including by annually conducting on-site audits of school   districts.  The agency may conduct the on-site audits using a cycle   of random selection.  The on-site audits must be conducted in   accordance with criteria developed by the agency in consultation   with the Texas School Safety Center.          (b)  The monitoring must include intruder detection audits   of each school district to determine whether an intruder could gain   unsecured, unauthorized access to a district campus.  The agency   shall ensure that an intruder detection audit is conducted annually   at each school district and that the audit includes an on-site audit   of not less than 25 percent of the district's campuses.          (c)  The agency shall establish an office of school safety   and security within the agency that consists of individuals with   substantial expertise and experience in school or law enforcement   safety and security operations and oversight at the local, state,   or federal level to coordinate the agency's monitoring of school   district safety and security requirements under this section. The   director of the office is appointed by the governor and confirmed by   the senate and must report directly to the commissioner.          (d)  The agency shall, in coordination with the Texas School   Safety Center, 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.          (e)  The agency may use or require the use of third parties to   conduct the monitoring required under this section.          (f)  The agency and 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.          (g)  The agency may require a school district to submit   information necessary for the agency to conduct an on-site audit or   otherwise monitor school district compliance with 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).          (h)  The agency may review school district records as   necessary to ensure compliance with this subchapter and Subchapters   G and J.          (i)  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.          (j)  The commissioner may adopt rules as necessary to   administer this section.          Sec. 37.1084.  ACTIONS BASED ON NONCOMPLIANCE WITH SAFETY   AND SECURITY REQUIREMENTS. (a)  For purposes of this section, the   commissioner may determine that a school district or a campus of the   district is noncompliant with the safety and security requirements   under Section 37.1083 if the district fails to:                (1)  submit to the required monitoring under that   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 agency's monitoring of   the district under that section.          (b)  A student enrolled in a school district determined to be   noncompliant under Subsection (a) is eligible to receive a public   education grant to attend a school in a district other than the   district in which the student resides as provided by Subchapter G,   Chapter 29.          (c)  If the superintendent or an administrator of a school   district is terminated by the board of trustees of the district as a   result of a determination that the district was noncompliant under   Subsection (a), the board may not make a severance payment of any   amount to the superintendent or administrator.          (d)  The commissioner may adopt rules as necessary to   implement this section.          Sec. 37.1085.  ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE   WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a)  The   commissioner may assign a conservator under Chapter 39A if a school   district fails to:                (1)  submit to any required monitoring or audit under   Section 37.1083;                (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 agency's monitoring or   audit of the district under Section 37.1083.          (b)  A conservator assigned to a district under this section   may exercise the powers and duties of a conservator under Section   39A.003 only to correct a failure identified under Subsection (a).          Sec. 37.1131.  NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)   The agency shall develop model standards for providing notice   regarding violent activity that has occurred or is being   investigated at a school district campus or other district facility   or at a district-sponsored activity to parents, guardians, and   other persons standing in parental relation to students who are   assigned to the campus, regularly use the facility, or are   attending the activity, as applicable.  The standards must:                (1)  include electronic notification through text   messaging and e-mail;                (2)  provide an option for real-time notification; and                (3)  protect student privacy.          (b)  Each school district shall adopt a policy for providing   notice described by Subsection (a) in a manner that meets the   standards adopted under that subsection.          SECTION 19.  Section 37.115, Education Code, is amended by   amending Subsection (c) and adding Subsections (j-1) and (j-2) 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.          (j-1)  Materials and information provided to or produced by a   team during a threat assessment of a student under this section must   be maintained in the student's school record until the student's   24th birthday.          (j-2)  If a person destroys material or information   described by Subsection (j-1) before the period of maintenance   required under that subsection has expired, the board of trustees   of a school district may not renew the person's employment contract   with the school district.          SECTION 20.  Subchapter D, Chapter 37, Education Code, is   amended by adding Sections 37.116 and 37.117 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 costs   identified by a district or school as necessary to enhance the   infrastructure of a district or school campus to meet agency safety   standards.          (b)  The commissioner shall adopt rules to implement this   section.          Sec. 37.117.  EMERGENCY RESPONSE MAP. Each school district   and open-enrollment charter school shall provide to the Department   of Public Safety and all appropriate local law enforcement agencies   and emergency first responders an accurate map of each district   campus and school building that is:                (1)  oriented to true north; and                (2)  developed and documented in accordance with the   standards described by Section 37.351 related to developing site   and floor plans, access control, and exterior door numbering.          SECTION 21.  Sections 37.2071(b), (c), (d), (f), (g), and   (h), Education Code, are amended to read as follows:          (b)  A school district or public junior college district   shall submit its multihazard emergency operations plan to the   center:                (1)  not later than the 30th day after the date [on   request of] the center requests the submission; and                (2)  in accordance with the center's review cycle   developed under Subsection (a).          (c)  The center 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; [and]                      (B)  including specific recommendations to   correct the deficiencies; and                      (C)  stating that the district must correct the   deficiencies in its plan and resubmit the revised plan to the   center.          (d)  If a district fails to submit its multihazard emergency   operations plan to the center for review following a notification   by the center that the district has failed to submit the district's   plan, the center shall provide the district with written notice   stating that the district must hold a public hearing under Section   37.1081[:                [(1)  has failed to submit a plan; and                [(2)  must submit a plan to the center for review and   verification].          (f)  If one month [three months] after the date of initial   notification of a plan's deficiencies under Subsection (c)(2) [or   failure to submit a plan under Subsection (d)] a district has not   corrected the plan deficiencies [or has failed to submit a plan],   the center shall provide written notice to the district and agency   that the district has not complied with the requirements of this   section and must comply immediately.          (g)  If a school district still has not corrected the plan   deficiencies three [or has failed to submit a plan six] months after   the date of initial notification under Subsection (c)(2) [or (d)],   the center shall provide written notice to the school district   stating that the district must hold a public hearing under Section   37.1081.          (h)  If a school district has failed to submit a plan, the   notice required by Subsection (d) [(g)] must state that the   commissioner is authorized to appoint an agency monitor [a   conservator] under Section 37.1082.          SECTION 22.  Section 37.2091, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  A school district must confirm that a person is   included in the registry established under Subsection (b) before   the district may engage the person to provide school safety or   security consulting services to the district.          SECTION 23.  Subchapter G, Chapter 37, Education Code, is   amended by adding Sections 37.221 and 37.222 to read as follows:          Sec. 37.221.  FACILITIES STANDARDS REVIEW. (a) At least   once every five years, the center shall review the facilities   standards for instructional facilities adopted under Section 7.061   and make recommendations to the commissioner regarding any changes   necessary to ensure that the facilities standards reflect best   practices for improving school safety through the design and   construction of school facilities.          (b)  The center and commissioner may consult with   stakeholders with relevant expertise regarding whether any updates   to requirements for the use of funds granted or allocated to school   districts for purposes of improving the safety and security of   school facilities are necessary to align with best practices.          (c)  In updating facilities standards, the commissioner   shall:                (1)  incorporate input from the center and stakeholders   with relevant expertise regarding best practices for standards   applicable to the design and construction of school facilities; and                (2)  ensure the standards are updated as necessary to   ensure compliance with any changes to state law and local building   codes.          Sec. 37.222.  RESOURCES ON SAFE FIREARM STORAGE.  (a)  The   center, in collaboration with the Department of Public Safety,   shall provide to each school district and open-enrollment charter   school information and other resources regarding the safe storage   of firearms for distribution by the district or school under   Subsection (b), including information on:                (1)  the offense under Section 46.13, Penal Code; and                (2)  ways in which parents and guardians can   effectively prevent children from accessing firearms.          (b)  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 24.  Chapter 37, Education Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES          Sec. 37.351.  FACILITIES STANDARDS COMPLIANCE. (a) A school   district must ensure that each district facility complies with each   school facilities standard, including performance standards and   operational requirements, related to safety and security adopted   under Section 7.061(c) or provided by other law or agency rule.          (b)  A school district must develop and maintain   documentation of the district's implementation of and compliance   with school safety and security facilities standards for each   district facility, and, if requested by the agency, provide that   documentation to the agency in the manner prescribed by the agency.          (c)  A school district shall provide the documentation   described by Subsection (b) to:                 (1)  the district's school safety and security   committee established under Section 37.109; and                (2)  the board of trustees of the district.          Sec. 37.352.  GOOD CAUSE EXCEPTION. (a) If a school district   is unable to bring a district facility into compliance with a school   facilities standard related to safety and security, the district   may claim a good cause exception from the requirement to comply with   that standard, including for a reason related to:                 (1)  the age, physical design, or location of the   noncompliant facility;                (2)  the projected remaining use or functional life of   the noncompliant facility;                (3)  availability of funding; or                (4)  supply chain obstacles.           (b)  A school district that claims a good cause exception   under Subsection (a) must develop an alternative performance   standard with which the district is able to comply.          Sec. 37.353.  USE OF FUNDING FOR FACILITIES STANDARDS   COMPLIANCE. 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 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 25.  Section 38.022, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A school district may require a person who enters   property under the district's control [a district campus] to   display the person's driver's license, [or] another form of   identification containing the person's photograph issued by a   governmental entity, or, if applicable, the person's district   employee or student identification card.  The person must provide   the identification on request.          (a-1)  A school district may eject a person from district   property if:                (1)  the person refuses or fails to provide on request   identification described by Subsection (a); and                (2)  it reasonably appears that the person has no   legitimate reason to be on district property.          SECTION 26.  Subchapter A, Chapter 38, Education Code, is   amended by adding Sections 38.040, 38.046, and 38.047 to read as   follows:          Sec. 38.040.  FENTANYL ABUSE PREVENTION AND DRUG POISONING   AWARENESS EDUCATION. (a) Each school district shall annually   provide research-based instruction related to fentanyl abuse   prevention and drug poisoning awareness to students in grades 6   through 12.          (b)  The instruction required by this section must include:                (1)  suicide prevention;                (2)  prevention of the abuse of and addiction to   fentanyl;                (3)  awareness of local school and community resources   and any processes involved in accessing those resources; and                (4)  health education that includes information about   substance use and abuse, including youth substance use and abuse.          (c)  The instruction required by this section may be provided   by an entity or an employee or agent of an entity that is:                 (1)  a public or private institution of higher   education;                (2)  a library;                (3)  a community service organization;                (4)  a religious organization;                (5)  a local public health agency; or                (6)  an organization employing mental health   professionals.          Sec. 38.046.  FENTANYL CONTAMINATION TRAINING PROGRAM FOR   SCHOOL PERSONNEL. (a) The agency, in cooperation with The   University of Texas Health Science Center at San Antonio, shall   develop:                (1)  an evidence-based curriculum for students in   grades 6 through 12 on the dangers of fentanyl contamination for use   by school district and open-enrollment charter school employees;   and                (2)  a professional development training program on   providing the training developed under Subdivision (1).           (b)  The agency shall distribute curriculum and training   materials for the training program developed under this section to   each regional education service center.           Sec. 38.047.  FENTANYL CONTAMINATION GRANT PROGRAM. (a) The   agency shall establish a grant program to provide funding to school   districts and open-enrollment charter schools for community and   school outreach programs on the dangers of fentanyl contamination.          (b)  The commissioner may adopt rules as necessary to   administer the grant program established under this section.          SECTION 27.  Section 38.351, Education Code, is amended by   adding Subsection (g-1) to read as follows:          (g-1)  A school district may satisfy a requirement to   implement a program in the area of substance abuse prevention and   intervention by providing instruction related to youth substance   use and abuse education under Section 38.040.          SECTION 28.  Subchapter E, Chapter 45, Education Code, is   amended by adding Section 45.1011 to read as follows:          Sec. 45.1011.  USE OF BOND PROCEEDS FOR SCHOOL SAFETY   COMPLIANCE. (a) The proceeds of bonds issued by a school district   for the construction and equipment of school buildings in the   district and the purchase of the necessary sites for school   buildings may be used to pay the costs associated with complying   with school safety and security requirements for school facilities   in accordance with Section 37.352.          (b)  This subsection applies to a school district that has   been determined by the agency, through the agency's monitoring of   safety and security requirements under Section 37.1083, to not be   in compliance with those requirements. Notwithstanding any other   law, a school district to which this subsection applies must use a   sufficient amount of the proceeds of bonds described by Subsection   (a) to achieve compliance with applicable safety and security   requirements in accordance with Section 37.352 before the district   may use those proceeds for any other authorized purpose.          SECTION 29.  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 or provide   funding for the district or school for expenditures required for   the implementation of school safety standards and requirements that   have 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 $500 million.          (e)  If the amount of grant requests under the program   exceeds $500 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 $500 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.  TRANSFER OF MONEY TO COMMUNITIES IN SCHOOLS   PROGRAM.  Each school year, if excess funds are available, the   commissioner shall transfer an amount not to exceed $25 million   from the fund to the Communities In Schools program under   Subchapter E, Chapter 33.  The commissioner shall allocate money   transferred under this section to local Communities In Schools   programs using the funding formula developed under Section 33.156.          Sec. 47A.007.  RULES. The commissioner, in consultation   with the corporation, may adopt rules as necessary to implement   this chapter.          SECTION 30.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-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)  $100 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.          (a-1)  A school district campus that provides only virtual   instruction or utilizes only facilities not subject to the   district's control is not included for purposes of determining a   school district's allotment under Subsection (a).          (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 37.352, 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 fencing; [and]                      (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, [or] other security   equipment; 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 other persons   authorized by the board of trustees of the district and permitted by   law to carry a weapon on school campus grounds; 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 [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; 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 31.  Subchapter B, Chapter 85, Local Government   Code, is amended by adding Section 85.024 to read as follows:          Sec. 85.024.  SCHOOL SAFETY MEETINGS. (a) The sheriff of a   county in which a public school is located shall call and conduct   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 in which more than one public   school is located is only required to hold one semiannual meeting   described by Subsection (a). This subsection does not require   public schools located within the same county to adopt the same   school safety policies.          (c)  The following persons shall attend a meeting called   under Subsection (a):                (1)  the sheriff or the sheriff's designee;                (2)  the police chief of a municipal police department   in the county or the police chief's designee;                (3)  each elected constable in the county or the   constable's designees;                (4)  each police chief of a school district's police   department or school district security coordinator from each school   district located in the county;                (5)  a representative of the Department of Public   Safety assigned to the county;                (6)  a representative of each other state agency with   commissioned peace officers assigned to the county;                (7)  a person appointed to a command staff position at   an emergency medical service in the county;                (8)  a person appointed to a command staff position at a   municipal emergency medical service in the county;                (9)  a person appointed to a command staff position at a   fire department in the county;                (10)  the superintendent or the superintendent's   designee of each school district located in the county;                (11)  the person who serves the function of   superintendent, or that person's designee, in each open-enrollment   charter school located in the county; and                (12)  any other person the sheriff considers   appropriate.          (d)  The sheriff shall invite any federal law enforcement   official serving in the county to attend the meeting.          (e)  As soon as practicable after a meeting under Subsection   (a), the sheriff shall submit a report to the Texas School Safety   Center identifying the attendees of the meeting and the subjects   discussed. The Texas School Safety Center shall maintain the report   and make it publicly available on the center's Internet website.     The center may not make publicly available and shall redact any   parts of a report that the center determines may expose a safety   vulnerability of a school district facility.          SECTION 32.  Section 1701.253, Occupations Code, is amended   by adding Subsection (q) to read as follows:          (q)  As part of the minimum curriculum requirements, the   commission shall require an officer to complete a training program   on responding to an active shooter as provided by the Advanced Law   Enforcement Rapid Response Training Center at Texas State   University--San Marcos, or a similar organization approved by the   commission. An officer shall complete the program not later than   the second anniversary of the date the officer is licensed under   this chapter unless the officer completes the program as part of the   officer's basic training course. Completion of a training program   under this subsection satisfies any other requirement for the   officer to complete a training program on responding to active   shooters, including under Section 37.0812(a), Education Code.          SECTION 33.  Subchapter F, Chapter 1701, Occupations Code,   is amended by adding Section 1701.2635 to read as follows:          Sec. 1701.2635.  ACTIVE SHOOTER TRAINING FOR OFFICERS AT   PUBLIC SCHOOLS. (a) This section applies to a:                (1)  school district peace officer as defined by   Section 1701.262; and                (2)  school resource officer as defined by Section   1701.601.          (b)  An officer to whom this section applies shall complete a   one-time training program on responding to an active shooter as   provided by the Advanced Law Enforcement Rapid Response Training   Center at Texas State University--San Marcos, or a similar   organization approved by the commission, before or within two years   of beginning to provide law enforcement services at a public   primary or secondary school.          (c)  Completion of a training program under this section   satisfies any other requirement that the officer complete a   training program on responding to active shooters, including under   Section 37.0812(a), Education Code.          SECTION 34.  The change in law made by this Act to Section   37.081, Education Code, applies only to a memorandum of   understanding under that section that is entered into on or after   September 1, 2023.          SECTION 35.  As soon as practicable after the effective date   of this Act, the Texas Education Agency shall establish the office   of school safety and security and the governor shall appoint the   director of that office as required by Section 37.1083, Education   Code, as added by this Act.          SECTION 36.  Section 37.1084(c), Education Code, as added by   this Act, applies only  to a superintendent, administrator serving   as educational leader and chief executive officer of a school   district or open-enrollment charter school, or other administrator   of the district or school employed under a contract entered into on   or after the effective date of this Act.          SECTION 37.  Section 45.1011, Education Code, as added by   this Act, applies only to a bond authorized to be issued at an   election held on or after the effective date of this Act.          SECTION 38.  (a)  As soon as practicable after the effective   date of this Act, the Texas Commission on Law Enforcement shall   adopt rules to implement Sections 1701.253(q) and 1701.2635,   Occupations Code, as added by this Act.          (b)  The minimum curriculum requirements under Section   1701.253(q), Occupations Code, as added by this Act, apply only to   an officer who first begins to satisfy those requirements on or   after January 1, 2024.          (c)  Notwithstanding Section 1701.2635, Occupations Code, as   added by this Act, an officer who holds a license under Chapter   1701, Occupations Code, on September 1, 2023, and to whom that   section applies shall complete the training program required by   that section not later than September 1, 2025.          SECTION 39.  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 40.  (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 41.  (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)  Section 48.115, Education Code, as amended by this Act,   takes effect September 1, 2023.          (c)  Section 29 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 29 of this Act has no effect.