By: Patrick, Estes S.B. No. 17
      Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the training in school safety of certain educators of a
  school district or an open-enrollment charter school authorized to
  carry a concealed handgun on school premises.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 37, Education Code, is amended by adding
  Subchapter J to read as follows:
  SUBCHAPTER J.  SAFETY TRAINING FOR CERTAIN EMPLOYEES
         Sec. 37.321.  DEFINITIONS. In this subchapter:
               (1)  "Department" means the Department of Public
  Safety.
               (2)  "Training center" means the Advanced Law
  Enforcement Rapid Response Training Center at Texas State
  University--San Marcos.
         Sec. 37.322.  SAFETY TRAINING PROGRAM FOR EMPLOYEES LICENSED
  TO CARRY CONCEALED HANDGUN. (a)  Except as provided by Section
  37.325(e), the department shall, with technical assistance based on
  the best practices developed for law enforcement officers by the
  training center, establish and maintain a training program in
  school safety and the protection of students for employees of a
  school district or an open-enrollment charter school who:
               (1)  hold a license to carry a concealed handgun issued
  under Subchapter H, Chapter 411, Government Code;
               (2)  are authorized by the school district or
  open-enrollment charter school to carry a concealed handgun under
  Section 46.03(a)(1), Penal Code; and
               (3)  are selected by the board of trustees of the school
  district or governing body of the open-enrollment charter school to
  attend the training program.
         (b)  Each school year, the department shall provide the
  training program under Subsection (a) at no charge for two
  employees at a school campus that does not have security personnel
  or a commissioned peace officer assigned full-time to the school
  campus.
         (c)  The department may provide the training program under
  Subsection (a) to school employees in addition to those attending
  the training under Subsection (b) on payment of a fee by the school
  district or open-enrollment charter school employing the person.
         (d)  A school district or open-enrollment charter school may
  not require an employee to involuntarily participate in the
  training program under Subsection (a).  An employee may not be
  subject to any penalty or disciplinary action for refusing to
  participate in the training program.
         (e)  Nothing in this section prohibits a school district or
  open-enrollment charter school from revoking authorization for an
  employee to carry a concealed handgun under Section 46.03(a)(1),
  Penal Code, if the employee refuses to participate in the training
  program under Subsection (a).
         Sec. 37.3221.  AUTHORIZATION TO CARRY CONCEALED HANDGUN AT
  CERTAIN SCHOOL EVENTS.  Notwithstanding Section 46.035(b)(2),
  Penal Code, an employee who has met the requirements of Section
  37.322(a) and who has successfully completed the training program
  under Section 37.322 may, pursuant to written regulation or written
  authorization by the school district or open-enrollment charter
  school, carry a concealed handgun on premises owned or controlled
  by the employing school district or open-enrollment charter school
  during a high school event or interscholastic event in which
  students from the employing school district or open-enrollment
  charter school are participating.
         Sec. 37.323.  LIMITATION OF LIABILITY. (a)  This subchapter
  does not waive any rights, privileges, immunities, or defenses of:
               (1)  a school district, an open-enrollment charter
  school, Texas State University--San Marcos, or the Texas State
  University System;
               (2)  the board of trustees of a school district, the
  governing body of an open-enrollment charter school, or the board
  of regents of the Texas State University System; or
               (3)  an officer or employee of a school district, an
  open-enrollment charter school, or the Texas State University
  System.
         (b)  This subchapter does not create any liability for or a
  cause of action against:
               (1)  a school district, an open-enrollment charter
  school, Texas State University--San Marcos, or the Texas State
  University System;
               (2)  the board of trustees of a school district, the
  governing body of an open-enrollment charter school, or the board
  of regents of the Texas State University System; or
               (3)  an officer or employee of a school district,
  open-enrollment charter school, or the Texas State University
  System.
         (c)  A court may not hold the department or the training
  center or an officer or employee of the department or the training
  center liable for damages caused by:
               (1)  an action authorized under this subchapter or a
  failure to perform a duty imposed by this subchapter; or
               (2)  the actions of a district or charter school
  employee that occur after the employee has received training or has
  been denied training under this subchapter.
         (d)  A cause of action for damages may not be brought against
  the department or the training center or an officer or employee of
  the department or the training center for any damage caused by the
  actions of a district or charter school employee under this
  subchapter.
         (e)  The department or the training center is not responsible
  for any injury or damage inflicted on any person by a district or
  charter school employee arising or alleged to have arisen from an
  action taken by the department or the training center under this
  subchapter.
         (f)  The department or the training center or an officer or
  employee of the department or the training center is immune from
  liability and from suit for any act or failure to act arising under
  this subchapter.
         Sec. 37.324.  CONFIDENTIALITY OF RECORDS. (a)  The
  department and the board of trustees of a school district or
  governing body of an open-enrollment charter school shall disclose
  to a criminal justice agency information contained in its files and
  records regarding whether a named employee or any employee named in
  a specified list has attended training under this
  subchapter.  Information on an employee subject to disclosure
  under this section includes the employee's name, date of birth, zip
  code, and telephone number.  Except as otherwise provided by this
  section, all other records maintained under this subchapter are
  confidential and are not subject to mandatory disclosure under the
  open records law, Chapter 552, Government Code.
         (b)  A school district or open-enrollment charter school
  employee who has attended training may be furnished a copy of
  disclosable records regarding the employee on request.
         (c)  The department and the board of trustees of a school
  district or governing body of an open-enrollment charter school
  shall make available on request by an employee the name of the
  criminal justice agency requesting information relating to the
  employee under this section.
         Sec. 37.325.  FUNDS. (a)  The school safety training fund
  is created as a special fund in the state treasury.  The fund
  consists of gifts, grants, and donations.
         (b)  The department may solicit and accept a gift, grant, or
  donation from any source, including a foundation or private entity,
  for the training program under Section 37.322(a) and shall deposit
  money accepted under this subsection to the credit of the school
  safety training fund.
         (c)  The department must use funds collected under
  Subsection (b) before using any state funds to establish and
  maintain the training program under Section 37.322.
         (d)  The amount of state funds allocated in any state fiscal
  biennium for the training program under Section 37.322 may not
  exceed $1 million.
         (e)  The department must establish and maintain the training
  program under Section 37.322 only if sufficient funds under
  Subsection (b) and state funds allocated for the training program
  are available.
         SECTION 2.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 3.  This Act takes effect September 1, 2013.