88R3509 JTZ-D     By: Hall S.B. No. 355       A BILL TO BE ENTITLED   AN ACT   relating to authorizing the Texas School Safety Center to conduct   random safety and security audits of public schools; authorizing a   civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 37, Education Code, is   amended by adding Section 37.2072 to read as follows:          Sec. 37.2072.  RANDOM SAFETY AND SECURITY AUDITS; CIVIL   PENALTY.  (a)  The center may conduct random safety and security   audits of school districts.  An audit may include:                (1)  an assessment of district and district facility   policies and procedures relating to safety and security;                (2)  inspection of relevant records and documents;                (3)  surveys or interviews of students, teachers,   staff, and parents;                (4)  an intruder assessment that tests access controls   and visitor management procedures at each district facility; and                (5)  a site visit to each district that includes a   walk-through and visual assessment of:                      (A)  the interior and exterior of each district   facility; and                      (B)  district school grounds.          (b)  A school district shall grant center employees   reasonable access to district facilities and district school   grounds for purposes of conducting an audit under Subsection (a).          (c)  A member of the board of trustees or superintendent of a   school district who obstructs an audit authorized under Subsection   (a) is liable to this state for a civil penalty in an amount of not   less than $50 or more than $500 for each violation.  Each day of a   continuing violation is a separate violation.          (d)  The attorney general may bring an action to recover a   civil penalty under Subsection (c) and may recover reasonable   expenses incurred in obtaining the civil penalty, including court   costs, attorney's fees, investigative costs, witness fees, and   deposition expenses.          (e)  Official immunity of a member of the board of trustees   of a school district to suit is waived and abolished to the extent   of liability created by this section.          (f)  Section 22.0511(a) does not apply to an action of a   superintendent of a school district to the extent of liability   created by this section.          SECTION 2.  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, 37.109, 37.113, 37.114, 37.1141, 37.115,   37.207, [and] 37.2071, and 37.2072;                      (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 3.  This Act applies beginning with the 2023-2024   school year.          SECTION 4.  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 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, 2023.