88S40013 KJE-F     By: King of Hemphill, et al. H.B. No. 2       A BILL TO BE ENTITLED   AN ACT   relating to measures for ensuring safety and security in public   schools, including the establishment of a school safety grant   program and a school safety plan implementation grant program, and   the allocation of certain constitutional transfers of money to the   state school safety fund, the economic stabilization fund, and the   state highway fund.          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 all school safety-related state [the] funds provided   to the district [through the school safety allotment under Section   48.115] only for the purposes of improving the safety of schools in   the district [provided by that section].          SECTION 2.  Section 37.117(c), Education Code, as added by   Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular   Session, 2023, is amended to read as follows:          (c)  To comply with this section, a school district or   open-enrollment charter school may:                (1)  use school safety-related state funds provided to   the district or school [through the school safety allotment under   Section 48.115 or other available funds]; and                (2)  use the district's or school's customary   procurement process.          SECTION 3.  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)  In this   section:                (1)  "Fund" means the state school safety fund   established under Section 7, Article VII, Texas Constitution.                (2)  "Program" means the school safety grant program   established in this section.          (b)  The commissioner shall establish a school safety grant   program using proceeds of the fund to annually provide grants to   school districts and open-enrollment charter schools.          (c)  The commissioner may award grants each school year not   to exceed a total amount of $1.1 billion.          (d)  Except as provided by Subsection (f), the commissioner   shall award a school district or open-enrollment charter school a   grant under this section in an amount equal to the sum of:                (1)  the total amount to which the district or school   would be entitled under Section 48.051, if the allotment under that   section was allotted for each student enrolled in the district or   school instead of for each student in average daily attendance,   multiplied by 0.01; and                (2)  the sum of:                      (A)  $50,000 for each district or school campus   with 500 or fewer enrolled students;                      (B)  $100,000 for each district or school campus   with 501 to 1,000 enrolled students;                      (C)  $150,000 for each district or school campus   with 1,001 to 1,500 enrolled students;                      (D)  $175,000 for each district or school campus   with 1,501 to 2,000 enrolled students; and                      (E)  $200,000 for each district or school campus   with more than 2,000 enrolled students.          (e)  A school district or open-enrollment charter school   campus that provides only virtual instruction or utilizes only   facilities not subject to the district's or school's control is not   included for purposes of determining the amount of the grant   awarded to the district or school under Subsection (d).          (f)  If the amount of grants calculated under Subsection (d)   exceeds $1.1 billion 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 amount of grants to $1.1   billion.          (g)  The commissioner may adopt rules necessary to implement   and administer this section.          SECTION 4.  Sections 48.115(b), (c-1), (d), and (e),   Education Code, are transferred to Subchapter D, Chapter 37,   Education Code, redesignated as Section 37.1088, Education Code,   and amended to read as follows:          Sec. 37.1088.  PERMISSIBLE USES OF SCHOOL SAFETY GRANT. (a)     A school district or open-enrollment charter school may only use a   grant awarded under Section 37.1087 [(b)  Funds allocated under   this section must be used] to improve school safety and security,   including costs associated with:                (1)  securing school facilities in accordance with the   requirements of Section 37.351, including:                      (A)  improvements to school infrastructure;                      (B)  the use or installation of perimeter security   fencing conducive to a public school learning environment or   physical barriers, which may not include razor wire;                      (C)  exterior door and window safety and security   upgrades, including exterior door numbering and locking systems and   security film that provides resistance to a forced entry; and                      (D)  the purchase and maintenance of:                            (i)  security cameras and, if the district   or school has already installed security cameras, other security   equipment, including video surveillance as provided by Section   29.022; and                            (ii)  technology, including communications   systems or devices, such as silent panic alert devices, two-way   radios, or wireless Internet booster equipment, that facilitates   communication and information sharing between students, school   personnel, and first responders in an emergency;                (2)  providing security for the district or school,   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 or school;                (3)  school safety and security measures, 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, chaplains, and individuals trained in restorative   discipline and restorative justice practices;                            (ii)  providing mental health personnel and   support, including chaplains;                            (iii)  providing behavioral health   services, including services provided by chaplains;                            (iv)  establishing threat reporting   systems; and                            (v)  developing and implementing programs   focused on restorative justice practices, culturally relevant   instruction, and providing mental health support, including   support provided by chaplains;                (4)  providing programs related to suicide prevention,   intervention, and postvention, including programs provided by   chaplains; and                (5)  employing a school safety director and other   personnel to manage and monitor school safety initiatives and the   implementation of school safety requirements for the district or   school.          (b) [(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 a   school district or open-enrollment charter school may select from   when using a grant awarded under Section 37.1087 [funds allocated   under this section].  If a school district or open-enrollment   charter school uses a grant awarded under Section 37.1087 [funds   allocated under this section] to purchase technology or equipment   from a vendor that is not included in the directory, the district or   school must solicit bids from at least three vendors before   completing the purchase.          (c) [(d)]  The commissioner shall annually publish a report   regarding grants awarded under Section 37.1087 [funds allocated   under this section] including the programs, personnel, and   resources purchased by districts and schools using the grant [funds   under this section] and other purposes for which the grant was   [funds were] used.          (d) [(e)]  Notwithstanding any other law, a school district   or open-enrollment charter school may use a grant awarded under   Section 37.1087 [funds allocated under this section] to provide   training to a person authorized by the district or school to carry a   firearm on a district or school campus.          SECTION 5.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1089 to read as follows:          Sec. 37.1089.  SCHOOL SAFETY PLAN IMPLEMENTATION GRANT   PROGRAM.  (a)  In this section, "fund" means the state school safety   fund established under Section 7, Article VII, Texas Constitution.          (b)  The commissioner shall establish a grant program using   proceeds of the fund to provide grants to school districts and   open-enrollment charter schools for the reimbursement of   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:                (1)  a total amount of $250 million; and                (2)  $10 million per school district or open-enrollment   charter school.          (d)  If the amount of grant requests under the program   exceeds $250 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 $250 million.          (e)  Subject to the limitation under Subsection (c)(1) and   notwithstanding Subsection (c)(2), 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.          (f)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 6.  Section 37.354(a), Education Code, is amended to   read as follows:          (a)  The commissioner may authorize a school district to use   money provided to the district for the purpose of improving school   safety and security, including [the school safety allotment under   Section 48.115 or any other] funding or grant money available to the   district for that purpose, to comply with the requirements of this   subchapter.          SECTION 7.  The heading to Subchapter H, Chapter 316,   Government Code, is amended to read as follows:   SUBCHAPTER H. ALLOCATION OF CERTAIN CONSTITUTIONAL TRANSFERS OF   MONEY [TO ECONOMIC STABILIZATION FUND AND STATE HIGHWAY FUND]          SECTION 8.  The heading to Section 316.092, Government Code,   is amended to read as follows:          Sec. 316.092.  DETERMINATION OF THRESHOLD FOR   CONSTITUTIONAL TRANSFER TO STATE SCHOOL SAFETY FUND AND STATE   HIGHWAY FUND.          SECTION 9.  The heading to Section 316.093, Government Code,   is amended to read as follows:          Sec. 316.093.  ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO   FUND, STATE SCHOOL SAFETY FUND, AND STATE HIGHWAY FUND.          SECTION 10.  Section 316.093, Government Code, is amended by   amending Subsections (b), (c), and (d) and adding Subsections (b-1)   and (c-1) to read as follows:          (b)  If the sum described by Subsection (a) is less than the   amount determined under Section 316.092 for that state fiscal   biennium, the comptroller shall:                (1)  reduce the allocation to the state highway fund   provided by Section 49-g(c), Article III, Texas Constitution, by   the lesser of:                      (A)  the amount by which the sum described by   Subsection (a) is less than the amount determined under Section   316.092 for that state fiscal biennium; or                      (B)  the amount that would otherwise be allocated   for transfer to the state highway fund under Section 49-g(c),   Article III, Texas Constitution;                (2)  if the sum described by Subsection (a) plus the   amount by which the allocation to the state highway fund is reduced   under Subdivision (1) of this subsection is less than the amount   determined under Section 316.092 for that state fiscal biennium,   reduce the allocation to the state school safety fund provided by   Section 49-g(c), Article III, Texas Constitution, by the lesser of:                      (A)  the amount by which the sum described by   Subsection (a) plus the amount by which the allocation to the state   highway fund is reduced under Subdivision (1) is less than the   amount determined under Section 316.092 for that state fiscal   biennium; or                      (B)  the amount that would otherwise be allocated   for transfer to the state school safety fund under Section 49-g(c),   Article III, Texas Constitution; and                (3)  increase the allocation to the economic   stabilization fund provided by Section 49-g(c), Article III, Texas   Constitution, in an [equal] amount equal to the amount by which the   allocations to the state highway fund and the state school safety   fund are reduced under Subdivisions (1) and (2) of this subsection,   as applicable[, until the amount determined under Section 316.092   for that state fiscal biennium would be achieved by the transfer to   the fund or the total amount of the sum described by Section   49-g(c), Article III, Texas Constitution, is allocated to the fund,   whichever occurs first].          (b-1)  Notwithstanding Subsection (b), for the state fiscal   year beginning September 1, 2024, if the sum described by   Subsection (a) is less than the amount determined under Section   316.092 for that state fiscal biennium, the comptroller shall   reduce the allocation to the state highway fund provided by Section   49-g(c), Article III, Texas Constitution, and increase the   allocation to the economic stabilization fund in an equal amount   until the amount determined under Section 316.092 for that state   fiscal biennium would be achieved by the transfer to the fund or the   sum of the amounts described by Section 49-g(c) of that article less   the allocation to the state school safety fund as provided by   Sections 49-g(c-1) and (c-3) of that article for that state fiscal   year is allocated to the fund, whichever occurs first.  This   subsection expires September 1, 2025.          (c)  For the purposes of Section 49-g(c-2), Article III,   Texas Constitution, for a state fiscal biennium beginning on or   after September 1, 2043, the comptroller shall adjust the   allocation provided by Section 49-g(c-1) of that article so that:                (1)  the amount allocated for transfer to the state   highway fund under Section 49-g(c-1) of that article is instead [of   amounts to be transferred to the fund and to the state highway fund   under Section 49-g(c) of that article in a state fiscal year   beginning on or after September 1, 2043, so that the total of those   amounts is] transferred to the economic stabilization fund; and                (2)  if the total of the transfer under Subdivision (1)   and the sum described by Subsection (a) is less than the amount   determined under Section 316.092 for that state fiscal biennium,   the amount allocated for transfer to the state school safety fund is   reduced and the allocation to the economic stabilization fund is   increased in an equal amount until the amount determined under   Section 316.092 for that state fiscal biennium would be achieved by   the transfer to the fund or the total amount of the sum described by   Section 49-g(c) of that article is allocated to the fund, whichever   occurs first.          (c-1)  The [, except that the] comptroller shall reduce a   transfer made under Subsection (c) [this subsection] as necessary   to prevent the amount in the fund from exceeding the limit in effect   for that biennium under Section 49-g(g), Article III, Texas   Constitution [of that article].          (d)  Subsection [Subsections (a) and] (b) and this   subsection expire December 31, 2042.          SECTION 11.  The following provisions are repealed:                (1)  the heading to Section 48.115, Education Code;                (2)  Sections 48.115(a), (a-1), (b-1), (b-2), and (c),   Education Code; and                (3)  Section 316.092(b), Government Code.          SECTION 12.  The changes made by this Act to the Education   Code apply beginning with the 2024-2025 school year.          SECTION 13.  The changes made by this Act to Subchapter H,   Chapter 316, Government Code, apply beginning with the state fiscal   year beginning September 1, 2024.          SECTION 14.  This Act takes effect on the date on which the   constitutional amendment proposed by the 88th Legislature, 4th   Called Session, 2023, creating the state school safety fund to   provide ongoing financial support for projects that ensure the   safety of public schools in this state and providing for the   transfer of certain general revenues to that fund, the economic   stabilization fund, and the state highway fund is approved by the   voters.  If that amendment is not approved by the voters, this Act   has no effect.