87R3884 GCB-D     By: Talarico H.B. No. 4079       A BILL TO BE ENTITLED   AN ACT   relating to a mental health professional to school law enforcement   official ratio for public schools and the use of the school safety   allotment to employ mental health professionals.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0818 to read as follows:          Sec. 37.0818.  MENTAL HEALTH PROFESSIONAL TO SCHOOL LAW   ENFORCEMENT OFFICIAL RATIOS. (a) In this section:                (1)  "Mental health professional" means:                      (A)  a school counselor certified under   Subchapter B, Chapter 21;                      (B)  a licensed specialist in school psychology,   as defined by Section 501.002, Occupations Code;                      (C)  a licensed professional counselor, as   defined by Section 503.002, Occupations Code; or                      (D)  a licensed clinical social worker, as defined   by Section 505.002, Occupations Code.                (2)  "School district peace officer" means a peace   officer commissioned under Section 37.081.                (3)  "School law enforcement official" means:                      (A)  a security officer employed by a school   district or open-enrollment charter school;                      (B)  a person who provides security services under   a contract with a school district or open-enrollment charter   school;                      (C)  a school district peace officer; or                      (D)  a school resource officer who provides a   regular presence on a school district or open-enrollment charter   school campus under a memorandum of understanding between the   district or school and a local law enforcement agency.          (b)  A school district or open-enrollment charter school   that employs, commissions, or contracts for the services of a   school law enforcement official to carry out this subchapter shall   maintain a mental health professional to school law enforcement   official ratio that is not less than:                (1)  four mental health professionals for each school   law enforcement official if the district or school has a student   enrollment of 5,000 or more students;                (2)  three mental health professionals for each school   law enforcement official if the district or school has a student   enrollment of more than 500 and less than 5,000; and                (3)  two mental health professionals for each school   law enforcement official if the district or school has a student   enrollment of 500 or less.          (c)  A school district or open-enrollment charter school may   apply under Section 7.056 to the commissioner for a waiver of the   ratio requirement imposed under Subsection (b).  In addition to the   requirements under Section 7.056(b), a school district or   open-enrollment charter school requesting a waiver shall submit to   the commissioner within the period prescribed by Section 7.056(b)   documentation approved by the board of trustees of the district or   the governing body of the school showing that the district or school   made a good faith but unsuccessful attempt to obtain the applicable   number of mental health professionals required under Subsection   (b).          (c-1)  Notwithstanding Subsection (c), a school district or   open-enrollment charter school that applies under Section 7.056(b)   to the commissioner for a waiver of the ratio requirement imposed   under Subsection (b) of this section for the 2021-2022 school year   is not required to submit documentation showing that the district   or school made a good faith but unsuccessful attempt to obtain the   applicable number of mental health professionals required under   Subsection (b). This subsection expires September 1, 2022.          (d)  A school district or open-enrollment charter school   that receives a waiver of the ratio requirement imposed under   Subsection (b) shall ensure that each school law enforcement   official complete appropriate training by:                (1)  verifying that each school law enforcement   official subject to Section 1701.263, Occupations Code, has   completed the required education and training program; and                (2)  for any school law enforcement official who is not   subject to Section 1701.263, Occupations Code, requiring the   official to complete:                      (A)  positive behavior interventions and supports   training provided by a regional education service center; or                      (B)  a school safety course provided by the Texas   School Safety Center under Section 37.205.          SECTION 2.  Section 42.168, Education Code, as added by   Chapter 464 (S.B. 11), Acts of the 86th Legislature, Regular   Session, 2019, is transferred to Subchapter C, Chapter 48,   Education Code, redesignated as Section 48.115, Education Code,   amended to conform to changes made by Chapter 943 (H.B. 3), Acts of   the 86th Legislature, Regular Session, 2019, and further amended to   read as follows:          Sec. 48.115 [42.168].  SCHOOL SAFETY ALLOTMENT. (a) From   funds appropriated for that purpose, the commissioner shall provide   to a school district an annual allotment in the amount provided by   appropriation for each student in average daily attendance.          (b)  Funds allocated under this section must be used to   improve school safety and security, including costs associated   with:                (1)  securing school facilities, including:                      (A)  improvements to school infrastructure;                      (B)  the use or installation of physical barriers;   and                      (C)  the purchase and maintenance of:                            (i)  security cameras or other security   equipment; and                            (ii)  technology, including communications   systems or devices, that facilitates communication and information   sharing between students, school personnel, and first responders in   an emergency;                (2)  providing security for the district, including:                      (A)  employing school district peace officers,   private security officers, and school marshals; and                      (B)  collaborating with local law enforcement   agencies, such as entering into a memorandum of understanding for   the assignment of school resource officers to schools in the   district;                (3)  school safety and security training and planning,   including:                      (A)  active shooter and emergency response   training;                      (B)  prevention and treatment programs relating   to addressing adverse childhood experiences; and                      (C)  the prevention, identification, and   management of emergencies and threats, including:                            (i)  providing mental health personnel and   support;                            (ii)  providing behavioral health services;   and                            (iii)  establishing threat reporting   systems; [and]                (4)  providing programs related to suicide prevention,   intervention, and postvention; and                (5)  establishing and maintaining the mental health   professional to school law enforcement official ratio required by   Section 37.0818.          (c)  A school district may use funds allocated under this   section for equipment or software that is used for a school safety   and security purpose and an instructional purpose, provided that   the instructional use does not compromise the safety and security   purpose of the equipment or software.          (d)  A school district that is required to take action under   Chapter 49 [41] to reduce its local revenue level [wealth per   student] to the [equalized wealth] level established under Section   48.257 is entitled to a credit, in the amount of the allotments to   which the district is to receive as provided by appropriation,   against the total amount required under Section 49.153 [41.093] for   the district to purchase attendance credit [credits].          (e)  The commissioner may adopt rules to implement this   section.          SECTION 3.  To the extent of any conflict, this Act prevails   over another Act of the 87th Legislature, Regular Session, 2021,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 4.  This Act applies beginning with the 2021-2022   school year.          SECTION 5.  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, 2021.