By: Huffman, et al. S.B. No. 5     A BILL TO BE ENTITLED   AN ACT   relating to the school safety allotment under the Foundation School   Program and the establishment of a school safety grant program;   making an appropriation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.108(b-1), Education Code, is amended   to read as follows:          (b-1)  In a school district's safety and security audit   required under Subsection (b), the district must certify that the   district used the funds provided to the district through the school   safety grant program established under Section 37.1087 and the   school safety allotment under Section 48.115 only for the purposes   provided by those sections [that section].          SECTION 2.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1087 to read as follows:          Sec. 37.1087.  SCHOOL SAFETY GRANT PROGRAM. (a) From money   appropriated or otherwise available for the purpose, the   commissioner shall establish a school safety grant program to   annually provide grants to school districts and open-enrollment   charter schools to assist with the cost of complying with Section   37.0814.          (b)  A school district or open-enrollment charter school may   not receive a grant under the grant program for a district or school   campus at which only virtual instruction is provided or that uses   only facilities not subject to the district's or school's control.          (c)  The commissioner may adopt rules necessary to implement   and administer this section.          SECTION 3.  Section 48.115(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Subsection (a-1), a school   district is entitled to an annual allotment equal to the sum of the   following amounts or a greater amount provided by appropriation:                (1)  $20 [$10] for each student in average daily   attendance, plus $1 for each student in average daily attendance   per every $50 by which the district's maximum basic allotment under   Section 48.051 exceeds $6,160, prorated as necessary; and                (2)  $30,000 [$15,000] per campus.          SECTION 4.  (a) This section takes effect only if S.B. 2,   88th Legislature, 4th Called Session, 2023, becomes law.          (b)  Section 18.78, Article IX, Chapter 1170 (H.B. 1), Acts   of the 88th Legislature, Regular Session, 2023 (the General   Appropriations Act), is amended by adding Subsection (c-1) to read   as follows:          (c-1)  In addition to amounts appropriated elsewhere in this   Act, the Texas Education Agency is appropriated $400,000,000 from   the general revenue fund for the state fiscal biennium beginning   September 1, 2023, for the purpose of the school safety grant   program established under Section 37.1087, Education Code, as added   by S.B. 5, 88th Legislature, 4th Called Session, 2023.          SECTION 5.  (a) This section takes effect only if S.B. 2,   88th Legislature, 4th Called Session, 2023, does not become law.          (b)  Section 18.78, Article IX, Chapter 1170 (H.B. 1), Acts   of the 88th Legislature, Regular Session, 2023 (the General   Appropriations Act), is amended by adding Subsection (c-1) to read   as follows:          (c-1)  In addition to amounts appropriated elsewhere in this   Act, the Texas Education Agency is appropriated $800,000,000 from   the general revenue fund for the state fiscal biennium beginning   September 1, 2023, for the purpose of implementing S.B. 5, 88th   Legislature, 4th Called Session, 2023. Of the amount appropriated   in this subsection, the agency shall use:                (1)  $400,000,000 for the school safety grant program   established under Section 37.1087, Education Code, as added by that   Act; and                (2)  $400,000,000 to increase the school safety   allotment under Section 48.115, Education Code, as amended by that   Act.          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 on the 91st day after the last day of the   legislative session.