89R2753 MM-D     By: Menéndez S.B. No. 752       A BILL TO BE ENTITLED   AN ACT   relating to measures to ensure the safety of individuals with   disabilities during an emergency situation at public postsecondary   institutions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.217(b), Education Code, is amended to   read as follows:          (b)  An institution shall adopt and implement a multihazard   emergency operations plan for use at the institution.  The plan must   address mitigation, preparedness, response, and recovery.  The plan   must provide for:                (1)  employee training in responding to an emergency;                (2)  mandatory drills to prepare students, faculty, and   employees for responding to an emergency;                (3)  measures to ensure coordination with the   Department of State Health Services, local emergency management   agencies, law enforcement, health departments, and fire   departments in the event of an emergency; [and]                (4)  the implementation of a safety and security audit   as required by Subsection (c); and                (5)  measures for ensuring that, during an emergency   situation, students, institution personnel, and guests with   disabilities are provided equal access to safety based on the rules   adopted by the Texas Higher Education Coordinating Board under   Section 61.06643, including the development of an emergency plan   that will accommodate individuals with different disabilities and   provide them with access to emergency evacuation assistance devices   in appropriate circumstances.          SECTION 2.  Subchapter E, Chapter 51, Education Code, is   amended by adding Section 51.222 to read as follows:          Sec. 51.222.  EMERGENCY EVACUATION ASSISTANCE DEVICES   REQUIRED. (a) In this section, "institution of higher education"   has the meaning assigned by Section 61.003.          (b)  For each building that is located on the campus of an   institution of higher education and that has two or more floors, the   institution shall install on each floor emergency evacuation   assistance devices for use by individuals with disabilities who   require mobility assistance.          (c)  An institution may use any available revenue, including   grants under Section 61.06644 and legislative appropriations, and   may solicit and accept gifts, grants, and donations from any public   or private source for the purposes of this section.          SECTION 3.  Subchapter C, Chapter 61, Education Code, is   amended by adding Sections 61.06643 and 61.06644 to read as   follows:          Sec. 61.06643.  RULES REGARDING MULTIHAZARD EMERGENCY   OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES. (a)     The board shall adopt rules for the required provisions in an   institution's multihazard emergency operations plan under Section   51.217(b)(5) to ensure the safety of students, institution   personnel, and guests with disabilities during an emergency   situation.          (b)  In adopting rules under Subsection (a), the board shall   consult with:                (1)  the advisory council on postsecondary education   for persons with intellectual and developmental disabilities   established under Section 61.06641;                (2)  the Governor's Committee on People with   Disabilities; and                (3)  the Texas Council for Developmental Disabilities.          (c)  An institution must follow the rules adopted by the   board under Subsection (a) in adopting and implementing the   institution's multihazard emergency operations plan under Section   51.217.          Sec. 61.06644.  EMERGENCY EVACUATION ASSISTANCE DEVICES FOR   INDIVIDUALS WITH DISABILITIES GRANT PROGRAM. (a) The board shall   establish and administer the emergency evacuation assistance   devices for individuals with disabilities grant program to provide   grants to institutions of higher education to enable those   institutions to purchase and install, and to train institution   personnel to operate, any emergency evacuation assistance devices   required under Section 51.222.           (b)  In awarding grants under this section, the board shall   give priority to institutions that demonstrate the highest need   based on the number of students on the institution's campus who   would require an emergency evacuation assistance device in an   emergency situation.           (c)  A grant provided under this section:                (1)  must be used for purchasing and installing any   emergency evacuation assistance devices required under Section   51.222; and                (2)  may be used to provide any training that is   necessary for institution personnel to:                      (A)  administer the institution's evacuation plan   with respect to the devices; or                      (B)  assist other individuals in operating the   devices.          (d)  The board may solicit and accept gifts, grants, and   donations from any public or private source for purposes of this   section.          (e)  The board shall adopt rules for the administration of   this section, including rules creating a process for institutions   of higher education to apply for grants, establishing procedures   and criteria for evaluating those applications and awarding the   grants, and verifying that grant funds awarded under this section   are used appropriately.          SECTION 4.  As soon as practicable after the effective date   of this Act but not later than May 1, 2026, the Texas Higher   Education Coordinating Board shall adopt the rules required by   Sections 61.06643 and 61.06644, Education Code, as added by this   Act.          SECTION 5.  Section 51.222, Education Code, as added by this   Act, applies beginning with the 2026-2027 academic year.          SECTION 6.  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.