By: King of Hemphill, Burrows, H.B. No. 13       King of Uvalde, González of El Paso,     A BILL TO BE ENTITLED   AN ACT   relating to training, preparedness, and funding for school safety   and emergencies in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 22, Education Code, is   amended by adding Section 22.904 to read as follows:          Sec. 22.904.  MENTAL HEALTH FIRST AID TRAINING. (a)  Except   as otherwise provided by this section, a school district shall   require each district employee who regularly interacts with   students enrolled at the district to complete an evidence-based   mental health first aid training program designed to provide   instruction to participants regarding the recognition and support   of children and youth who experience a mental health or substance   use issue that may pose a threat to school safety.          (b)  A school district may not require a district employee   who has previously completed mental health first aid training   offered by a local mental health authority under Section 1001.203,   Health and Safety Code, to complete the training required by this   section.          (c)  The agency shall provide an allotment to each school   district equal to the sum of the amount district employees spent on   travel and training fees and the product of each employee's hourly   salary multiplied by the number of hours that employee spent   completing the training in accordance with commissioner rule to   comply with this section. An allotment provided to a district under   this section must be used to reimburse the employee for the cost of   travel and training fees and to compensate the employee for the time   spent completing the training required by this section.          (d)  The State Board for Educator Certification shall   propose rules allowing an educator to receive credit toward the   educator's continuing education requirements under Section   21.054(g) for the educator's participation in mental health first   aid training under this section.          (e)  The commissioner shall adopt rules to implement this   section, including rules specifying the training fees and travel   expenses subject to reimbursement under Subsection (c).          SECTION 2.  Subchapter Z, Chapter 29, Education Code, is   amended by adding Section 29.9074 to read as follows:          Sec. 29.9074.  FENTANYL POISONING AWARENESS WEEK. (a)  To   educate students about the dangers posed by the drug fentanyl and   the risks of fentanyl poisoning, including overdose, the governor   shall designate a week to be known as Fentanyl Poisoning Awareness   Week in public schools.          (b)  Fentanyl Poisoning Awareness Week may include   age-appropriate instruction, including instruction on the   prevention of the abuse of and addiction to fentanyl, as determined   by each school district.          SECTION 3.  Section 37.0812(a), Education Code, is amended   to read as follows:          (a)  A school district peace officer or school resource   officer shall complete an active shooter response training program   approved by the Texas Commission on Law Enforcement at least once in   each four-year period.          SECTION 4.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.08121 to read as follows:          Sec. 37.08121.  SCHOOL SENTINEL PROGRAM, TRAINING, AND   STIPEND.  (a)  In this section, "school sentinel" means a school   district or open-enrollment charter school employee who, pursuant   to the written regulations or written authorization of the district   or school under Section 46.03(a)(1)(A), Penal Code, is authorized   to carry or possess a specified weapon for the purpose of providing   safety and security on the physical premises of the employee's   school, any grounds or building on which an activity sponsored by   the school is being conducted, or a passenger transportation   vehicle of the school.          (b)  A school district or open-enrollment charter school may   establish a school sentinel program in accordance with this section   for the purposes of school safety and security on school premises.     The written regulation or authorization of a school district or   open-enrollment charter school that authorizes the presence of a   school sentinel must require the sentinel to complete a school   sentinel training program approved by the agency under this section   before being permitted to carry or possess a weapon on the physical   premises of the school for the purposes of providing safety and   security.          (c)  A school district or open-enrollment charter school   that authorizes the presence of a school guardian under this   section shall:                 (1)  designate a marking or uniform that identifies to   a law enforcement agency that the person is a school guardian;                (2)  require each school guardian to wear a marking or   uniform described by Subdivision (1) while providing school   guardian services at the district or school in the manner provided   under Subsection (a); and                (3)  maintain information regarding the marking or   uniform designated under Subdivision (1) as confidential except   that the district or school shall disclose the information to an   appropriate law enforcement agency in accordance with Section   37.108(g).          (d)  The agency may only approve a school sentinel training   program if the program:                (1)  requires completion of all training required for a   school marshal, including the training program provided under   Section 1701.260, Occupations Code; and                (2)  includes instruction in mental health first aid   and trauma-informed care.          (e)  From funds appropriated or otherwise available for the   purpose, a school district or open-enrollment charter school   employee is entitled to a stipend in an amount determined by the   commissioner of not more than $25,000 per school year that the   employee serves as a school sentinel after completing the training   program required by this section.  A stipend received under this   subsection is not considered a part of the employee's compensation,   including for purposes of determining whether a school district is   paying an employee the minimum monthly salary under Section 21.402.          (f)  The commissioner shall adopt rules necessary to   implement this section.          SECTION 5.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.089 to read as follows:          Sec. 37.089.  ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL   GROUNDS. (a) Subject to Subsection (b), a person permitted to carry   a firearm on the campus of a school district may not perform the   routine law enforcement duties of a peace officer, including making   arrests, unless the duty is performed in response to an emergency   that poses a threat of death or serious bodily injury to a student,   school district employee, or other individual at the district   campus.          (b)  Subsection (a) does not apply to a commissioned peace   officer who is assigned law enforcement duties that are included in   campus and district documents describing the role of peace officers   in the district as required by Section 37.081(d).          SECTION 6.  Section 37.115(c), Education Code, is amended to   read as follows:          (c)  The board of trustees of each school district shall   establish a threat assessment and safe and supportive school team   to serve at each campus of the district and shall adopt policies and   procedures for the teams.  The team is responsible for developing   and implementing the safe and supportive school program under   Subsection (b) at the district campus served by the team.  The   policies and procedures adopted under this section must:                (1)  be consistent with the model policies and   procedures developed by the Texas School Safety Center;                (2)  require each team to complete training provided by   the Texas School Safety Center or a regional education service   center regarding evidence-based threat assessment programs; [and]                (3)  require each team established under this section   to report the information required under Subsection (k) regarding   the team's activities to the agency; and                (4)  require each district campus to establish a clear   procedure for a student to report concerning behavior exhibited by   another student for assessment by the team or other appropriate   school employee.          SECTION 7.  Section 37.108(g), Education Code, is amended to   read as follows:          (g)  A school district shall include in its multihazard   emergency operations plan an active shooter preparedness appendix.     The active shooter preparedness appendix must include a   certification by the district that the district has provided to   each law enforcement agency with jurisdiction in the district or   geographic area served by the district:                (1)  information regarding the identity of the school   guardian authorized under Section 37.08121 at each district campus   and the marking or uniform worn by the school guardian or other   manner in which a law enforcement agency may confidentially   identify the school guardian;                (2)  an accurate map of each district campus that is   oriented to true north; and                (3)  an opportunity to conduct a walk-through of each   district facility.  [a policy for responding to an active shooter   emergency.  The school district may use any available community   resources in developing the policy described by this subsection.]          SECTION 8.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.116 to read as follows:          Sec. 37.116.  SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.     (a)  With funds appropriated or otherwise available for the   purpose, the agency shall establish a grant program to assist   school districts and open-enrollment charter schools with any cost   identified by a district or school as necessary for enhancing the   infrastructure of each district or school campus to meet agency   safety standards.          (b)  The commissioner shall adopt rules to implement this   section.          SECTION 9.  Section 38.022, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A school district may require a person who enters   property under the district's control [a district campus] to   display the person's driver's license, [or] another form of   identification containing the person's photograph issued by a   governmental entity, or, if applicable, the person's district   employee or student identification card.  The person must provide   the identification on request.          (a-1)  A school district may eject a person from district   property if:                (1)  the person refuses or fails to provide on request   identification described by Subsection (a); and                (2)  it reasonably appears that the person has no   legitimate reason to be on district property.          SECTION 10.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.040 to read as follows:          Sec. 38.040.  FENTANYL ABUSE PREVENTION AND DRUG POISONING   AWARENESS EDUCATION. (a) Each school district shall annually   provide research-based instruction related to fentanyl abuse   prevention and drug poisoning awareness to students in grades 6   through 12.          (b)  The instruction required by this section must include:                (1)  suicide prevention;                (2)  prevention of the abuse of and addiction to   fentanyl;                (3)  awareness of local school and community resources   and any processes involved in accessing those resources; and                (4)  health education that includes information about   substance use and abuse, including youth substance use and abuse.          (c)  The instruction required by this section may be provided   by an entity or an employee or agent of an entity that is:                 (1)  a public or private institution of higher   education;                (2)  a library;                (3)  a community service organization;                (4)  a religious organization;                (5)  a local public health agency; or                (6)  an organization employing mental health   professionals.          SECTION 11.  Subchapter A, Chapter 38, Education Code, is   amended by adding Sections 38.046 and 38.047 to read as follows:          Sec. 38.046.  FENTANYL CONTAMINATION TRAINING PROGRAM FOR   SCHOOL PERSONNEL. (a) The agency, in cooperation with The   University of Texas Health Science Center at San Antonio, shall   develop:                (1)  an evidence-based curriculum for students in   grades 6 through 12 on the dangers of fentanyl contamination for use   by school district and open-enrollment charter school employees;   and                (2)  a professional development training program on   providing the training developed under Subdivision (1).           (b)  The agency shall distribute curriculum and training   materials for the training program developed under this section to   each regional education service center.           Sec. 38.047.  FENTANYL CONTAMINATION GRANT PROGRAM. (a) The   agency shall establish a grant program to provide funding to school   districts and open-enrollment charter schools for community and   school outreach programs on the dangers of fentanyl contamination.          (b)  The commissioner may adopt rules as necessary to   administer the grant program established under this section.          SECTION 12.  Section 38.351, Education Code, is amended by   adding Subsection (g-1) to read as follows:          (g-1)  A school district may satisfy a requirement to   implement a program in the area of substance abuse prevention and   intervention by providing instruction related to youth substance   use and abuse education under Section 38.040.          SECTION 13.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (c-1) and   (c-2) to read as follows:          (a)  A [From funds appropriated for that purpose, the   commissioner shall provide to a] school district is entitled to an   annual allotment of $100 [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, using evidence-based,   effective prevention practices and including:                            [(i)  providing licensed counselors, social   workers, and individuals trained in restorative discipline and   restorative justice practices;                            [(ii)  providing mental health personnel and   support;                            [(iii)  providing behavioral health   services;                            [(iv)  establishing threat reporting   systems; and                            [(v)  developing and implementing programs   focused on restorative justice practices, culturally relevant   instruction, and providing mental health support; and                [(4)  providing programs related to suicide   prevention, intervention, and postvention].          (c-1)  The agency, or if designated by the agency, the Texas   School Safety Center, shall establish and publish a directory of   approved vendors of school safety technology and equipment,   including video surveillance equipment for use as provided by   Section 29.022, a school district may select from when using funds   allocated under this section.  If a school district uses funds   allocated under this section to purchase technology or equipment   from a vendor that is not included in the directory, the district   must solicit bids from at least three vendors before completing the   purchase.          (c-2)  Subsection (c-1) does not apply to the provision of   behavioral health services or programming.          SECTION 14.  Subtitle I, Title 2, Education Code, is amended   by adding Chapter 47A to read as follows:   CHAPTER 47A.  STATE SCHOOL SAFETY FUND AND GRANTS          Sec. 47A.001.  DEFINITIONS. In this chapter:                (1)  "Corporation" means the Texas Permanent School   Fund Corporation established under Chapter 43.                (2)  "Fund" means the state school safety fund   established under Section 7, Article VII, Texas Constitution.                (3)  "Program" means the school safety grant program.          Sec. 47A.002.  DEPOSITS TO FUND BY COMMISSIONER.   Notwithstanding any other law, including Section 48.265, if the   commissioner determines that the amount appropriated for a state   fiscal year for purposes of administering the Foundation School   Program exceeds the amount to which school districts and   open-enrollment charter schools are entitled under Chapters 46, 48,   and 49 for that year, the commissioner shall deposit a portion of   that excess, up to 100 percent, to the credit of the fund.          Sec. 47A.003.  USES OF FUND.  Money in the fund may only be   used to provide grants to school districts and open-enrollment   charter schools to enhance school safety under Section 47A.005.          Sec. 47A.004.  ADMINISTRATION OF FUND. (a)  The corporation   shall hold and invest the fund with the objective of maintaining   sufficient liquidity to meet the needs of the fund while striving to   maximize returns.  In managing the assets of the fund, through   procedures and subject to restrictions the corporation considers   appropriate, the corporation may acquire, exchange, sell,   supervise, manage, or retain any type of investment that a person of   ordinary prudence, discretion, and intelligence, exercising   reasonable care, skill, and caution, would acquire, exchange, sell,   supervise, manage, or retain in light of the fund's investment   objective.          (b)  The corporation may charge a fee not to exceed the   amount necessary to cover the costs estimated to be incurred by the   corporation in managing and investing the fund.  The fee may be   assessed on the available balance of the fund each fiscal year.          Sec. 47A.005.  SCHOOL SAFETY GRANTS. (a)  The commissioner   shall establish a school safety grant program using proceeds of the   fund to provide grants to school districts and open-enrollment   charter schools.          (b)  The commissioner may only award a grant to a school   district or open-enrollment charter school to reimburse the   district or school for expenditures required for the implementation   of a school safety plan that has been approved by the agency.          (c)  The commissioner may award grants each school year in an   amount not to exceed $10 million to a school district or   open-enrollment charter school.          (d)  The commissioner may award grants each school year not   to exceed a total amount of $500 million.          (e)  If the amount of grant requests under the program   exceeds $500 million in a school year, the commissioner shall   proportionately reduce the amount of each grant in that school year   in an amount necessary to limit the total amount of grants provided   to $500 million.          (f)  Notwithstanding Subsection (c) and subject to the   limitation under Subsection (d), if excess funds are available for   a school year, the commissioner may provide additional grants to   school districts and open-enrollment charter schools that incurred   eligible expenses of more than $10 million in that school year.          Sec. 47A.006.  RULES. The commissioner, in consultation   with the corporation, may adopt rules as necessary to implement   this chapter.          SECTION 15.  (a)  Except as provided by Subsections (b) and   (c) of this section, this Act applies beginning with the 2023-2024   school year.          (b)  Notwithstanding Section 22.904, Education Code, as   added by this Act, a school district must require the district's   employees to complete the mental health first aid training required   under that section as follows:                (1)  at least 25 percent of the applicable district   employees before the beginning of the 2025-2026 school year;                (2)  at least 50 percent of the applicable district   employees before the beginning of the 2026-2027 school year;                (3)  at least 75 percent of the applicable district   employees before the beginning of the 2027-2028 school year; and                (4)  100 percent of the applicable district employees   before the beginning of the 2028-2029 school year.          (c)  Chapter 47A, Education Code, as added by this Act,   applies beginning with the 2024-2025 school year.          SECTION 16.  (a) Except as provided by Subsections (b) and   (c) of this section, 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.          (b)  Section 48.115, Education Code, as amended by this Act,   takes effect September 1, 2023.          (c)  Section 14 of this Act takes effect January 1, 2024, but   only if the constitutional amendment proposed by the 88th   Legislature, Regular Session, 2023, creating the state school   safety fund to provide financial support for projects that enhance   the safety of public schools in this state is approved by the   voters.  If that constitutional amendment is not approved by the   voters, Section 14 of this Act has no effect.