89R5011 ANG-F     By: Nichols S.B. No. 1262       A BILL TO BE ENTITLED   AN ACT   relating to measures for ensuring public school safety, including   the commissioning of peace officers by the Texas Education Agency,   public school safety and security requirements, and the provision   of safety-related resources.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   SECTION 1.  Article 2A.001, Code of Criminal Procedure, is   amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,   Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and   Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,   Regular Session, 2023, and is further amended to read as follows:          Art. 2A.001.  PEACE OFFICERS GENERALLY.  The following are   peace officers:                (1)  a sheriff, a sheriff's deputy, or a reserve deputy   sheriff who holds a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  a constable, a deputy constable, or a reserve   deputy constable who holds a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  a marshal or police officer of a municipality or a   reserve municipal police officer who holds a permanent peace   officer license issued under Chapter 1701, Occupations Code;                (4)  a ranger, officer, or member of the reserve   officer corps commissioned by the Public Safety Commission and the   director of the Department of Public Safety;                (5)  an investigator of a district attorney's, criminal   district attorney's, or county attorney's office;                (6)  a law enforcement agent of the Texas Alcoholic   Beverage Commission;                (7)  a member of an arson investigating unit   commissioned by a municipality, a county, or the state;                (8)  an officer commissioned under Section 37.081 or   37.0818, Education Code, or Subchapter E, Chapter 51, Education   Code;                (9)  an officer commissioned by the Texas Facilities   Commission;                (10)  a law enforcement officer commissioned by the   Parks and Wildlife Commission;                (11)  an officer commissioned under Chapter 23,   Transportation Code;                (12)  a municipal park and recreational patrol officer   or security officer;                (13)  a security officer or investigator commissioned   as a peace officer by the comptroller;                (14)  an officer commissioned by a water control and   improvement district under Section 49.216, Water Code;                (15)  an officer commissioned by a board of trustees   under Chapter 54, Transportation Code;                (16)  an investigator commissioned by the Texas Medical   Board;                (17)  an officer commissioned by:                      (A)  the board of managers of the Dallas County   Hospital District, the Tarrant County Hospital District, the Bexar   County Hospital District, or the El Paso County Hospital District   under Section 281.057, Health and Safety Code;                      (B)  the board of directors of the Ector County   Hospital District under Section 1024.117, Special District Local   Laws Code;                      (C)  the board of directors of the Midland County   Hospital District of Midland County, Texas, under Section 1061.121,   Special District Local Laws Code; or                      (D)  the board of hospital managers of the Lubbock   County Hospital District of Lubbock County, Texas, under Section   1053.113, Special District Local Laws Code;                (18)  a county park ranger commissioned under   Subchapter E, Chapter 351, Local Government Code;                (19)  an investigator employed by the Texas Racing   Commission;                (20)  an officer commissioned under Chapter 554,   Occupations Code;                (21)  an officer commissioned by the governing body of   a metropolitan rapid transit authority under Section 451.108,   Transportation Code, or a regional transportation authority under   Section 452.110, Transportation Code;                (22)  an investigator commissioned by the attorney   general under Section 402.009, Government Code;                (23)  a security officer or investigator commissioned   as a peace officer under Chapter 466, Government Code;                (24)  an officer appointed by an appellate court under   Subchapter F, Chapter 53, Government Code;                (25)  an officer commissioned by the state fire marshal   under Chapter 417, Government Code;                (26)  an investigator commissioned by the commissioner   of insurance under Section 701.104, Insurance Code;                (27)  an officer appointed by the inspector general of   [apprehension specialist or inspector general commissioned by] the   Texas Juvenile Justice Department [as an officer] under Section   242.102 [or 243.052], Human Resources Code;                (28)  an officer appointed by the inspector general of   the Texas Department of Criminal Justice under Section 493.019,   Government Code;                (29)  an investigator commissioned by the Texas   Commission on Law Enforcement under Section 1701.160, Occupations   Code;                (30)  a fire marshal or any related officer, inspector,   or investigator commissioned by a county under Subchapter B,   Chapter 352, Local Government Code;                (31)  a fire marshal or any officer, inspector, or   investigator commissioned by an emergency services district under   Chapter 775, Health and Safety Code;                (32)  a fire marshal or any officer, inspector, or   investigator of a municipality who holds a permanent peace officer   license issued under Chapter 1701, Occupations Code;                (33)  an officer commissioned by the State Board of   Dental Examiners under Section 254.013, Occupations Code, subject   to the limitations imposed by that section; [and]                (34) [(33)]  an Alamo complex ranger commissioned by   the General Land Office under Section 31.0515, Natural Resources   Code, subject to the limitations imposed by that section; and                (35)  an officer commissioned by the Texas Education   Agency as an officer under Section 37.1031, Education Code   [investigator commissioned by the Texas Juvenile Justice   Department as an officer under Section 221.011, Human Resources   Code].          SECTION 2.  Section 7.021, Education Code, is amended by   adding Subsection (d) to read as follows:          (d)  The agency may commission peace officers as provided by   Section 37.1031 to enforce Subchapter D, Chapter 37.          SECTION 3.  Section 37.0814, Education Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  A good cause exception claimed by the board of   trustees of a school district under Subsection (c) expires on the   fifth anniversary of the date the exception is claimed. On the   expiration of the exception, the board must reevaluate whether the   board is able to comply with this section and, if not, renew:                (1)  the claim for an exception under Subsection (c);   and                 (2)  the alternative standard developed under   Subsection (d).          SECTION 4.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1031 to read as follows:          Sec. 37.1031.  AGENCY PEACE OFFICERS. (a)  The agency may   commission as a peace officer to enforce this subchapter an   employee who has been certified as qualified to be a peace officer   by the Texas Commission on Law Enforcement.          (b)  An employee commissioned as a peace officer under this   section has the powers, privileges, and immunities of a peace   officer while carrying out duties as a peace officer under this   subchapter.          SECTION 5.  Section 37.108(f), Education Code, is amended to   read as follows:          (f)  A school district shall include in its multihazard   emergency operations plan:                (1)  a chain of command that designates the individual   responsible for making final decisions during a disaster or   emergency situation and identifies other individuals responsible   for making those decisions if the designated person is unavailable;                (2)  provisions that address physical and   psychological safety for responding to a natural disaster, active   shooter, and any other dangerous scenario identified for purposes   of this section by the agency or the Texas School Safety Center;                (3)  provisions for ensuring the safety of students in   portable buildings;                (4)  provisions for ensuring that students and district   personnel with disabilities are provided equal access to safety   during a disaster or emergency situation;                (5)  provisions for providing immediate notification   to parents, guardians, and other persons standing in parental   relation in circumstances involving a significant threat to the   health or safety of students, including identification of the   individual with responsibility for overseeing the notification;                (6)  provisions for supporting the psychological   safety of students, district personnel, and the community during   the response and recovery phase following a disaster or emergency   situation that:                      (A)  are aligned with best practice-based   programs and research-based practices recommended under Section   38.351;                      (B)  include strategies for ensuring any required   professional development training for suicide prevention and   grief-informed and trauma-informed care is provided to appropriate   school personnel;                      (C)  include training on integrating   psychological safety and suicide prevention strategies into the   district's plan, such as psychological first aid for schools   training, from an approved list of recommended training established   by the commissioner and Texas School Safety Center for:                            (i)  members of the district's school safety   and security committee under Section 37.109;                            (ii)  district school counselors and mental   health professionals; and                            (iii)  educators and other district   personnel as determined by the district;                      (D)  include strategies and procedures for   integrating and supporting physical and psychological safety that   align with the provisions described by Subdivision (2); and                      (E)  implement trauma-informed policies;                (7)  a policy for providing a substitute teacher access   to school campus buildings and materials necessary for the   substitute teacher to carry out the duties of a district employee   during an emergency or a mandatory emergency drill;                (8)  provisions, as determined by the agency, for   ensuring the safety of students, staff, and spectators during   extracurricular activities sponsored or sanctioned by the   district;                (9)  the name of each individual on the district's   school safety and security committee established under Section   37.109 and the date of each committee meeting during the preceding   year; and                (10) [(9)]  certification that the district is in   compliance with Section 37.117.          SECTION 6.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1088 to read as follows:          Sec. 37.1088.  AGENCY REPORT ON SCHOOL SAFETY. (a)  Not   later than December 31 of each year, the agency shall prepare and   submit to the governor, the lieutenant governor, the speaker of the   house of representatives, and each standing committee of each house   of the legislature with primary jurisdiction over primary and   secondary education, finance, and appropriations a report that   includes the deidentified results of the vulnerability assessments   and intruder detection audits conducted under Sections 37.1083 and   37.1084 during the preceding year.          (b)  The report under Subsection (a) must include   recommendations and possible corrective actions for specific   deficiencies in campus security identified at multiple school   districts and open-enrollment charter schools.          SECTION 7.  Section 37.222(b), Education Code, is amended to   read as follows:          (b)  At least three times each school year, each [Each]   school district and open-enrollment charter school shall provide   the information and other resources described under Subsection (a)   to the parent or guardian of each student enrolled in the district   or school.          SECTION 8.  Section 37.353, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  A good cause exception claimed by a school district   under Subsection (a) expires on the fifth anniversary of the date on   which the exception is claimed.  On the expiration of the exception,   the district must reevaluate whether the district is able to comply   with each school facility standard related to safety and security,   and if not, renew:                (1)  the claim for an exception under Subsection (a);   and                (2)  the alternative performance standard developed   under Subsection (b).          SECTION 9.  Sections 85.024(a) and (b), Local Government   Code, are amended to read as follows:          (a)  The sheriff of a county with a total population of less   than 350,000 in which a public school is located shall call and   conduct a meeting at least twice each year [semiannual meetings] to   discuss:                (1)  school safety;                (2)  coordinated law enforcement response to school   violence incidents;                (3)  law enforcement agency capabilities;                (4)  available resources;                (5)  emergency radio interoperability;                (6)  chain of command planning; and                (7)  other related subjects proposed by a person in   attendance at the meeting.          (b)  The sheriff of a county to which this section applies in   which more than one public school is located is only required to   hold one [semiannual] meeting described by Subsection (a) for all   the public schools located in the county.  This subsection does not   require public schools located within the same county to adopt the   same school safety policies.          SECTION 10.  This Act applies beginning with the 2025-2026   school year.          SECTION 11.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 12.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.