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  H.B. No. 3
 
 
 
 
AN ACT
  relating to measures for ensuring public school safety, including
  the development and implementation of purchases relating to and
  funding for public school safety and security requirements and the
  provision of safety-related resources.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.028(a), Education Code, is amended to
  read as follows:
         (a)  Except as provided by Section 21.006(k), 22.093(l),
  22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), 37.1083, 37.1084,
  38.003, or 39.003, the agency may monitor compliance with
  requirements applicable to a process or program provided by a
  school district, campus, program, or school granted charters under
  Chapter 12, including the process described by Subchapter F,
  Chapter 11, or a program described by Subchapter B, C, D, E, F, H, or
  I, Chapter 29, or Subchapter A, Chapter 37, only as necessary to
  ensure:
               (1)  compliance with federal law and regulations;
               (2)  financial accountability, including compliance
  with grant requirements;
               (3)  data integrity for purposes of:
                     (A)  the Public Education Information Management
  System (PEIMS); and
                     (B)  accountability under Chapters 39 and 39A; and
               (4)  qualification for funding under Chapter 48.
         SECTION 2.  Sections 7.061(b) and (c), Education Code, are
  amended to read as follows:
         (b)  The commissioner shall adopt or amend rules as necessary
  to ensure that facilities [building] standards for new and existing
  instructional facilities and other school district and
  open-enrollment charter school facilities, including construction
  quality, performance, operational, and other standards related to
  the safety and security of school facilities, provide a secure and
  safe environment.  In adopting or amending rules under this
  section, the commissioner shall include the use of best practices
  for:
               (1)  the design and construction of new facilities; and
               (2)  the improvement, renovation, and retrofitting of
  existing facilities.
         (c)  Not later than September 1 of each even-numbered year,
  the commissioner shall review all rules adopted or amended under
  this section and amend the rules as necessary to ensure that
  facilities [building] standards for school district and
  open-enrollment charter school facilities continue to provide a
  secure and safe environment. The commissioner shall, in
  consultation with the Texas School Safety Center, identify and
  adopt any changes recommended under Section 37.221.
         SECTION 3.  Subchapter B, Chapter 8, Education Code, is
  amended by adding Section 8.064 to read as follows:
         Sec. 8.064.  SCHOOL SAFETY SUPPORT. (a) A regional
  education service center shall act as a school safety resource,
  using materials and resources developed by the Texas School Safety
  Center or the agency in accordance with Chapter 37, for school
  districts and open-enrollment charter schools in the region served
  by the center.  The center may assist a school district or
  open-enrollment charter school directly or in collaboration with
  the Texas School Safety Center and local law enforcement agencies,
  as applicable:
               (1)  in developing and implementing a multihazard
  emergency operations plan under Section 37.108;
               (2)  in establishing a school safety and security
  committee under Section 37.109;
               (3)  in conducting emergency school drills and
  exercises;
               (4)  in addressing deficiencies in campus security
  identified by a school safety review team under Section 37.1084;
  and
               (5)  by providing guidance on any other matter relating
  to school safety and security.
         (b)  A regional education service center:
               (1)  shall provide assistance as necessary to the
  region's school safety review team established under Section
  37.1084; and
               (2)  may provide assistance as necessary to school
  districts and open-enrollment charter schools in the region served
  by the center through the direct provision of positive behavioral
  interventions and supports to a student enrolled in one of those
  districts or schools to mitigate or prevent future harmful,
  threatening, or violent behavior by the student.
         SECTION 4.  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
  37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
  37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
  37.2071 and Subchapter J, Chapter 37;
                     (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 5.  Subchapter Z, Chapter 22, Education Code, is
  amended by adding Section 22.904 to read as follows:
         Sec. 22.904.  MENTAL HEALTH 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 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 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)  From funds appropriated for the purpose, the agency
  shall provide an allotment to each school district to assist the
  district in complying with this section.  The amount of an allotment
  provided to a school district under this subsection may not exceed
  the costs incurred by the district for employees' travel, training
  fees, and compensation for the time spent completing the training
  required by this section.  The agency may proportionally reduce
  each district's allotment if the amount appropriated is
  insufficient to pay for all costs incurred by districts under this
  subsection.
         (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
  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 6.  Section 25.002(a), Education Code, is amended to
  read as follows:
         (a)  If a parent or other person with legal control of a child
  under a court order enrolls the child in a public school, the parent
  or other person or the school district in which the child most
  recently attended school shall furnish to the school district:
               (1)  the child's birth certificate or another document
  suitable as proof of the child's identity;
               (2)  a copy of the child's records from the school the
  child most recently attended if the child has been previously
  enrolled in a school in this state or another state, including for a
  child who most recently attended a public school in this state, a
  copy of the child's disciplinary record and any threat assessment
  involving the child's behavior conducted under Section 37.115; and
               (3)  a record showing that the child has the
  immunizations as required under Section 38.001, in the case of a
  child required under that section to be immunized, proof as
  required by that section showing that the child is not required to
  be immunized, or proof that the child is entitled to provisional
  admission under that section and under rules adopted under that
  section.
         SECTION 7.  Section 25.036, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In the case of a transfer under this section, a child's
  school district of residence shall provide the receiving district
  with the child's disciplinary record and any threat assessment
  involving the child's behavior conducted under Section 37.115.
         SECTION 8.  Section 37.081, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
  and (a-4) to read as follows:
         (a)  The board of trustees of any school district may:
               (1)  employ or contract with security personnel;
               (2)  [,] enter into a memorandum of understanding with
  a local law enforcement agency or a county or municipality that is
  the employing political subdivision of commissioned peace officers
  for the provision of school resource officers;
               (3)  for the purposes of providing security personnel,
  contract with a security services contractor licensed under Chapter
  1702, Occupations Code, for the provision of a commissioned
  security officer, as defined by Section 1702.002, Occupations Code,
  who has completed the Level II or III training course required by
  the Department of Public Safety; [,] and
               (4)  commission peace officers to carry out this
  subchapter.
         (a-1)  [If a board of trustees authorizes a person employed
  as security personnel to carry a weapon, the person must be a
  commissioned peace officer.]  The jurisdiction of a peace officer,
  a school resource officer, or security personnel under this section
  shall be determined by the board of trustees and may include all
  territory in the boundaries of the school district and all property
  outside the boundaries of the district that is owned, leased, or
  rented by or otherwise under the control of the school district and
  the board of trustees that employ or contract with, as applicable,
  the peace officer or security personnel or that enter into a
  memorandum of understanding for the provision of a school resource
  officer.
         (a-2)  A memorandum of understanding for the provision of
  school resource officers entered into under Subsection (a) must:
               (1)  be in the form of an interlocal contract under
  Chapter 791, Government Code; and
               (2)  use a proportionate cost allocation methodology to
  address any costs or fees incurred by the school district or the
  local law enforcement agency, county, or municipality, as
  applicable.
         (a-3)  The cost allocation methodology used under Subsection
  (a-2)(2) may allow a local law enforcement agency, county, or
  municipality, as applicable, to recoup direct costs incurred as a
  result of the contract but may not allow the agency, county, or
  municipality to profit under the contract.
         (a-4)  A school district, local law enforcement agency,
  county, or municipality that enters into a memorandum of
  understanding under Subsection (a) may seek funding from federal,
  state, and private sources to support the cost of providing school
  resource officers under this section.
         SECTION 9.  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 10.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.0814 to read as follows:
         Sec. 37.0814.  ARMED SECURITY OFFICER REQUIRED. (a)  The
  board of trustees of each school district shall determine the
  appropriate number of armed security officers for each district
  campus.  The board must ensure that at least one armed security
  officer is present during regular school hours at each district
  campus.
         (b)  A security officer described by Subsection (a) must be:
               (1)  a school district peace officer;
               (2)  a school resource officer; or
               (3)  a commissioned peace officer employed as security
  personnel under Section 37.081.
         (c)  If the board of trustees of a school district is unable
  to comply with this section, the board may claim a good cause
  exception from the requirement to comply with this section if the
  district's noncompliance is due to the availability of:
               (1)  funding; or
               (2)  personnel who qualify to serve as a security
  officer described by Subsection (a).
         (d)  The board of trustees of a school district that claims a
  good cause exception under Subsection (c) must develop an
  alternative standard with which the district is able to comply,
  which may include providing a person to act as a security officer
  who is:
               (1)  a school marshal; or
               (2)  a school district employee or a person with whom
  the district contracts who:
                     (A)  has completed school safety training
  provided by a qualified handgun instructor certified in school
  safety under Section 411.1901, Government Code; and
                     (B)  carries a handgun on school premises in
  accordance with written regulations or written authorization of the
  district under Section 46.03(a)(1)(A), Penal Code.
         (e)  The board of trustees of a school district must develop
  and maintain documentation of the district's implementation of and
  compliance with this section, including documentation related to a
  good cause exception claimed under Subsection (c), and shall, if
  requested by the agency, provide that documentation to the agency
  in the manner prescribed by the agency.
         SECTION 11.  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 12.  Section 37.108, Education Code, is amended by
  amending Subsections (a), (b), and (f) and adding Subsection (h) to
  read as follows:
         (a)  Each school district or public junior college district
  shall adopt and implement a multihazard emergency operations plan
  for use in the district's facilities. The plan must address
  prevention, mitigation, preparedness, response, and recovery as
  defined by the Texas School Safety Center in conjunction with the
  governor's office of homeland security, [and] the commissioner of
  education, and the [or] commissioner of higher education[, as
  applicable]. The plan must provide for:
               (1)  training in responding to an emergency for
  district employees, including substitute teachers;
               (2)  measures to ensure district employees, including
  substitute teachers, have classroom access to a telephone,
  including a cellular telephone, or another electronic
  communication device allowing for immediate contact with district
  emergency services or emergency services agencies, law enforcement
  agencies, health departments, and fire departments;
               (3)  measures to ensure district communications
  technology and infrastructure are adequate to allow for
  communication during an emergency;
               (4)  if the plan applies to a school district,
  mandatory school drills and exercises, including drills required
  under Section 37.114, to prepare district students and employees
  for responding to an emergency;
               (5)  measures to ensure coordination with the
  Department of State Health Services and local emergency management
  agencies, law enforcement, health departments, and fire
  departments in the event of an emergency; [and]
               (6)  the implementation of a safety and security audit
  as required by Subsection (b); and
               (7)  any other requirements established by the Texas
  School Safety Center in consultation with the agency and relevant
  local law enforcement agencies.
         (b)  At least once every three years, each school district or
  public junior college district shall conduct a safety and security
  audit of the district's facilities.  A [To the extent possible, a]
  district, or a person included in the registry established by the
  Texas School Safety Center under Section 37.2091 who is engaged by
  the district to conduct a safety and security audit, shall follow
  safety and security audit procedures developed by the Texas School
  Safety Center in coordination with the commissioner of education or
  commissioner of higher education, as applicable [or a person
  included in the registry established by the Texas School Safety
  Center under Section 37.2091].
         (f)  A school district shall include in its multihazard
  emergency operations plan:
               (1)  a chain of command that designates the individual
  responsible for making final decisions during a disaster or
  emergency situation and identifies other individuals responsible
  for making those decisions if the designated person is unavailable;
               (2)  provisions that address physical and
  psychological safety for responding to a natural disaster, active
  shooter, and any other dangerous scenario identified for purposes
  of this section by the agency or the Texas School Safety Center;
               (3)  provisions for ensuring the safety of students in
  portable buildings;
               (4)  provisions for ensuring that students and district
  personnel with disabilities are provided equal access to safety
  during a disaster or emergency situation;
               (5)  provisions for providing immediate notification
  to parents, guardians, and other persons standing in parental
  relation in circumstances involving a significant threat to the
  health or safety of students, including identification of the
  individual with responsibility for overseeing the notification;
               (6)  provisions for supporting the psychological
  safety of students, district personnel, and the community during
  the response and recovery phase following a disaster or emergency
  situation that:
                     (A)  are aligned with best practice-based
  programs and research-based practices recommended under Section
  38.351;
                     (B)  include strategies for ensuring any required
  professional development training for suicide prevention and
  grief-informed and trauma-informed care is provided to appropriate
  school personnel;
                     (C)  include training on integrating
  psychological safety and suicide prevention strategies into the
  district's plan, such as psychological first aid for schools
  training, from an approved list of recommended training established
  by the commissioner and Texas School Safety Center for:
                           (i)  members of the district's school safety
  and security committee under Section 37.109;
                           (ii)  district school counselors and mental
  health professionals; and
                           (iii)  educators and other district
  personnel as determined by the district;
                     (D)  include strategies and procedures for
  integrating and supporting physical and psychological safety that
  align with the provisions described by Subdivision (2); and
                     (E)  implement trauma-informed policies;
               (7)  a policy for providing a substitute teacher access
  to school campus buildings and materials necessary for the
  substitute teacher to carry out the duties of a district employee
  during an emergency or a mandatory emergency drill; [and]
               (8)  the name of each individual on the district's
  school safety and security committee established under Section
  37.109 and the date of each committee meeting during the preceding
  year; and
               (9)  certification that the district is in compliance
  with Section 37.117.
         (h)  The Texas School Safety Center and the agency shall
  provide school safety-related data collected by the center or
  agency to each other on request.
         SECTION 13.  Section 37.1081(a), Education Code, is amended
  to read as follows:
         (a)  If the board of trustees of a school district receives
  notice of noncompliance under Section 37.207(e) or 37.2071(d) or
  (g) [37.2071(g)], the board shall hold a public hearing to notify
  the public of:
               (1)  the district's failure to:
                     (A)  submit or correct deficiencies in a
  multihazard emergency operations plan; or
                     (B)  report the results of a safety and security
  audit to the Texas School Safety Center as required by law;
               (2)  the dates during which the district has not been in
  compliance; and
               (3)  the names of each member of the board of trustees
  and the superintendent serving in that capacity during the dates
  the district was not in compliance.
         SECTION 14.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Sections 37.1083, 37.1084, 37.1085, 37.1086, and
  37.1131 to read as follows:
         Sec. 37.1083.  AGENCY MONITORING OF SCHOOL DISTRICT SAFETY
  AND SECURITY REQUIREMENTS. (a) The agency shall monitor the
  implementation and operation of requirements related to school
  district safety and security, including school district:
               (1)  multihazard emergency operations plans; and
               (2)  safety and security audits.
         (b)  The agency shall establish an office of school safety
  and security within the agency that consists of individuals with
  substantial expertise and experience in school or law enforcement
  safety and security operations and oversight at the local, state,
  or federal level to coordinate the agency's monitoring of school
  district safety and security requirements under this section. The
  director of the office is appointed by the governor and confirmed by
  the senate and must report directly to the commissioner.
         (c)  The agency shall, in coordination with the Texas School
  Safety Center and relevant local law enforcement agencies, provide
  technical assistance to school districts to support the
  implementation and operation of safety and security requirements.
         (d)  As part of the technical assistance provided under
  Subsection (c), the agency shall conduct a detailed vulnerability
  assessment of each school district on a random basis determined by
  the agency once every four years.  The assessment must:
               (1)  assess facility access controls, emergency
  operations procedures, and other school safety requirements; and
               (2)  to the greatest extent practicable, coincide with
  the safety and security audit required under Section 37.108.
         (e)  The agency shall use a rubric developed by the office of
  school safety and security in collaboration with the Texas School
  Safety Center to conduct a vulnerability assessment of a school
  district under Subsection (d).
         (f)  On completion of a vulnerability assessment under
  Subsection (d), the agency shall provide to the superintendent and
  school safety and security committee established under Section
  37.109 for the applicable school district a report on the results of
  the assessment that includes recommendations and required
  corrective actions to address any deficiencies in campus security
  identified by the agency.
         (g)  The agency may engage a third party as necessary to
  enable the agency to monitor the implementation and operation of
  school district safety and security requirements under this
  section.
         (h)  The agency may require a school district to submit
  information necessary for the agency to monitor the implementation
  and operation of school district safety and security requirements
  under this section, including:
               (1)  notice of an event requiring a district's
  emergency response including the discovery of a firearm on a
  campus; and
               (2)  information regarding the district's response and
  use of emergency operations procedures during an event described by
  Subdivision (1).
         (i)  The agency may review school district records as
  necessary to ensure compliance with this subchapter and Subchapter
  G.
         (j)  Any document or information collected, identified,
  developed, or produced relating to the monitoring of school
  district safety and security requirements under this section is
  confidential under Sections 418.177 and 418.181, Government Code,
  and not subject to disclosure under Chapter 552, Government Code.
         (k)  The commissioner may adopt rules as necessary to
  administer this section.
         Sec. 37.1084.  REGIONAL SCHOOL SAFETY REVIEW TEAMS. (a) In
  this section:
               (1)  "Office" means the office of school safety and
  security established under Section 37.1083.
               (2)  "Team" means a school safety review team
  established under this section.
         (b)  The office shall establish a school safety review team
  in each region served by a regional education service center. A
  team shall annually conduct on-site general intruder detection
  audits of school district campuses in the team's region. In
  conducting an intruder detection audit, a team must:
               (1)  use a rubric developed by the office in
  consultation with the Texas School Safety Center;
               (2)  not later than the seventh day before the date of a
  scheduled audit, notify the superintendent of the school district
  in which the campus being audited is located; and
               (3)  on completion of the audit, provide to the
  superintendent and school safety and security committee
  established under Section 37.109 for the school district in which
  the campus is located a report on the results of the audit that
  includes recommendations and required corrective actions to
  address any deficiencies in campus security identified by the team.
         (c)  A regional education service center shall provide
  support as necessary to assist the region's team in conducting
  intruder detection audits under this section.
         (d)  A report produced by a team under this section is
  confidential and not subject to disclosure under Chapter 552,
  Government Code.
         Sec. 37.1085.  ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE
  WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS. (a)  Except as
  provided by Subsection (c), the commissioner may assign a
  conservator under Chapter 39A if a school district fails to:
               (1)  submit to any required monitoring, assessment, or
  audit under Section 37.1083 or 37.1084;
               (2)  comply with applicable safety and security
  requirements; or
               (3)  address in a reasonable time period, as determined
  by commissioner rule, issues raised by the agency's monitoring,
  assessment, or audit of the district under Section 37.1083 or
  37.1084.
         (b)  A conservator assigned to a district under this section
  may exercise the powers and duties of a conservator under Section
  39A.003 only to correct a failure identified under Subsection (a).
         (c)  This section does not apply to a school district's
  failure to comply with Section 37.0814 or a good cause exception
  claimed under that section.
         Sec. 37.1086.  GUIDELINES FOR MULTIHAZARD EMERGENCY
  OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR
  IMPAIRMENTS. (a)  The agency shall establish guidelines for the
  provisions in a school district's multihazard emergency operations
  plan under Section 37.108(f)(4) to ensure the safety of students
  and district personnel with disabilities or impairments during a
  disaster or emergency situation, in consultation with:
               (1)  the Texas School Safety Center;
               (2)  regional education service centers;
               (3)  public school educators who work with students
  with disabilities or impairments; and
               (4)  advocacy groups representing individuals with
  disabilities or impairments.
         (b)  A school district must follow the guidelines
  established by the agency under Subsection (a) in adopting and
  implementing the district's multihazard emergency operations plan
  under Section 37.108.
         Sec. 37.1131.  NOTIFICATION REGARDING VIOLENT ACTIVITY. (a)
  The agency shall develop model standards for providing notice
  regarding violent activity that has occurred or is being
  investigated at a school district campus or other district facility
  or at a district-sponsored activity to parents, guardians, and
  other persons standing in parental relation to students who are
  assigned to the campus, regularly use the facility, or are
  attending the activity, as applicable.  The standards must:
               (1)  include electronic notification through text
  messaging and e-mail;
               (2)  provide an option for real-time notification; and
               (3)  protect student privacy.
         (b)  Each school district shall adopt a policy for providing
  notice described by Subsection (a) in a manner that meets the
  standards adopted under that subsection.
         SECTION 15.  Section 37.115, Education Code, is amended by
  amending Subsection (c) and adding Subsection (j-1) 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.
         (j-1)  Materials and information provided to or produced by a
  team during a threat assessment of a student under this section must
  be maintained in the student's school record until the student's
  24th birthday.
         SECTION 16.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.117 to read as follows:
         Sec. 37.117.  EMERGENCY RESPONSE MAP AND WALK-THROUGH. Each
  school district and open-enrollment charter school shall provide to
  the Department of Public Safety and all appropriate local law
  enforcement agencies and emergency first responders:
               (1)  an accurate map of each district campus and school
  building that is developed and documented in accordance with the
  standards described by Section 37.351 related to developing site
  and floor plans, access control, and exterior door numbering; and
               (2)  an opportunity to conduct a walk-through of each
  district campus and school building using the map described by
  Subdivision (1).
         SECTION 17.  Sections 37.2071(b), (c), (d), (f), (g), and
  (h), Education Code, are amended to read as follows:
         (b)  A school district or public junior college district
  shall submit its multihazard emergency operations plan to the
  center:
               (1)  not later than the 30th day after the date [on
  request of] the center requests the submission; and
               (2)  in accordance with the center's review cycle
  developed under Subsection (a).
         (c)  The center shall review each district's multihazard
  emergency operations plan submitted under Subsection (b) and:
               (1)  verify the plan meets the requirements of Section
  37.108; or
               (2)  provide the district with written notice:
                     (A)  describing the plan's deficiencies; [and]
                     (B)  including specific recommendations to
  correct the deficiencies; and
                     (C)  stating that the district must correct the
  deficiencies in its plan and resubmit the revised plan to the
  center.
         (d)  If a district fails to submit its multihazard emergency
  operations plan to the center for review following a notification
  by the center that the district has failed to submit the district's
  plan, the center shall provide the district with written notice
  stating that the district must hold a public hearing under Section
  37.1081[:
               [(1)  has failed to submit a plan; and
               [(2)  must submit a plan to the center for review and
  verification].
         (f)  If one month [three months] after the date of initial
  notification of a plan's deficiencies under Subsection (c)(2) [or
  failure to submit a plan under Subsection (d)] a district has not
  corrected the plan deficiencies [or has failed to submit a plan],
  the center shall provide written notice to the district and agency
  that the district has not complied with the requirements of this
  section and must comply immediately.
         (g)  If a school district still has not corrected the plan
  deficiencies three [or has failed to submit a plan six] months after
  the date of initial notification under Subsection (c)(2) [or (d)],
  the center shall provide written notice to the school district
  stating that the district must hold a public hearing under Section
  37.1081.
         (h)  If a school district has failed to submit a plan, the
  notice required by Subsection (d) [(g)] must state that the
  commissioner is authorized to appoint a conservator under Section
  37.1082.
         SECTION 18.  Section 37.2091, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  A school district must confirm that a person is
  included in the registry established under Subsection (b) before
  the district may engage the person to provide school safety or
  security consulting services to the district.
         SECTION 19.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Sections 37.221 and 37.222 to read as follows:
         Sec. 37.221.  FACILITIES STANDARDS REVIEW. (a) At least
  once every five years, the center shall review the facilities
  standards for instructional facilities adopted under Section 7.061
  and make recommendations to the commissioner regarding any changes
  necessary to ensure that the facilities standards:
               (1)  reflect best practices for improving school safety
  through the design and construction of school facilities; and
               (2)  are consistent with standards adopted under
  Chapter 469, Government Code, regarding the elimination of
  architectural barriers.
         (b)  The center and commissioner may consult with
  stakeholders with relevant expertise regarding whether any updates
  to requirements for the use of funds granted or allocated to school
  districts for purposes of improving the safety and security of
  school facilities are necessary to align with best practices.
         (c)  In updating facilities standards, the commissioner
  shall:
               (1)  incorporate input from the center and stakeholders
  with relevant expertise regarding best practices for standards
  applicable to the design and construction of school facilities; and
               (2)  ensure the standards are updated as necessary to
  ensure compliance with any changes to state law and local building
  codes.
         Sec. 37.222.  RESOURCES ON SAFE FIREARM STORAGE.  (a)  The
  center, in collaboration with the Department of Public Safety,
  shall provide to each school district and open-enrollment charter
  school information and other resources regarding the safe storage
  of firearms for distribution by the district or school under
  Subsection (b), including information on:
               (1)  the offense under Section 46.13, Penal Code; and
               (2)  ways in which parents and guardians can
  effectively prevent children from accessing firearms.
         (b)  Each school district and open-enrollment charter school
  shall provide the information and other resources described under
  Subsection (a) to the parent or guardian of each student enrolled in
  the district or school.
         SECTION 20.  Chapter 37, Education Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. SAFETY AND SECURITY REQUIREMENTS FOR FACILITIES
         Sec. 37.351.  FACILITIES STANDARDS COMPLIANCE. (a) A school
  district must ensure that each district facility complies with each
  school facilities standard, including performance standards and
  operational requirements, related to safety and security adopted
  under Section 7.061 or provided by other law or agency rule.
         (b)  A school district must develop and maintain
  documentation of the district's implementation of and compliance
  with school safety and security facilities standards for each
  district facility, including a good cause exception claimed under
  Section 37.353, and shall, if requested by the agency, provide that
  documentation to the agency in the manner prescribed by the agency.
         Sec. 37.352.  PURCHASING REQUIREMENTS. A school district
  shall comply with all applicable state laws and rules relating to
  procurement for district purchases relating to achieving
  compliance with the facilities standards adopted under Section
  7.061 or provided by other law or agency rule.
         Sec. 37.353.  GOOD CAUSE EXCEPTION. (a) If a school
  district is unable to bring a district facility into compliance
  with a school facilities standard related to safety and security,
  the district may claim a good cause exception from the requirement
  to comply with that standard, including for a reason related to:
               (1)  the age, physical design, or location of the
  noncompliant facility;
               (2)  the projected remaining use or functional life of
  the noncompliant facility;
               (3)  availability of funding; or
               (4)  supply chain obstacles.
         (b)  A school district that claims a good cause exception
  under Subsection (a) must develop an alternative performance
  standard with which the district is able to comply.
         Sec. 37.354.  FUNDING FOR FACILITIES STANDARDS COMPLIANCE.
  (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.
         (a-1)  Funds appropriated in S.B. 30, Acts of the 88th
  Legislature, Regular Session, 2023, or similar legislation, for the
  purpose of improving school safety and security, may be used as
  described by Subsection (a).  This subsection expires September 1,
  2026.
         (b)  The commissioner may adopt rules regarding safety and
  security requirements with which a school district must comply to
  receive funding or grant money available for the purpose of
  improving school safety and security.
         Sec. 37.355.  CONFIDENTIALITY. (a)  Any document or
  information collected, identified, developed, or produced relating
  to a safety or security requirement under this subchapter is
  confidential under Sections 418.177 and 418.181, Government Code,
  and not subject to disclosure under Chapter 552, Government Code.
         (b)  The commissioner may adopt rules as necessary to
  administer this section.
         SECTION 21.  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 22.  Subchapter E, Chapter 45, Education Code, is
  amended by adding Section 45.1011 to read as follows:
         Sec. 45.1011.  USE OF BOND PROCEEDS FOR SCHOOL SAFETY
  COMPLIANCE. (a) The proceeds of bonds issued by a school district
  for the construction and equipment of school buildings in the
  district and the purchase of the necessary sites for school
  buildings may be used to pay the costs associated with complying
  with school safety and security requirements for school facilities
  in accordance with Section 37.351.
         (b)  This subsection applies to a school district that has
  been determined by the agency, through the agency's monitoring of
  safety and security requirements under Section 37.1083, to not be
  in compliance with those requirements. Notwithstanding any other
  law, a school district to which this subsection applies must use the
  proceeds of bonds described by Subsection (a) to achieve compliance
  with applicable safety and security requirements in accordance with
  Section 37.351 before the district may use those proceeds for any
  other authorized purpose.
         SECTION 23.  Section 48.115, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (a-1),
  (b-1), (b-2), (c-1), and (e) to read as follows:
         (a)  Except as provided by Subsection (a-1), [From funds
  appropriated for that purpose, the commissioner shall provide to] a
  school district is entitled to an annual allotment equal to the sum
  of the following amounts or a greater [in the] amount provided by
  appropriation:
               (1)  $10 for each student in average daily attendance,
  plus $1 for each student in average daily attendance per every $50
  by which the district's maximum basic allotment under Section
  48.051 exceeds $6,160, prorated as necessary; and
               (2)  $15,000 per campus.
         (a-1)  A school district campus that provides only virtual
  instruction or utilizes only facilities not subject to the
  district's control is not included for purposes of determining a
  school district's allotment under Subsection (a).
         (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; [and]
                     (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
  has already installed security cameras, [or] 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, 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 measures [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; 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.
         (b-1)  The agency may designate certain technologies that a
  school district, in using funds allocated under this section, may
  purchase only from a vendor approved by the agency.
         (b-2)  If the agency, in coordination with the Texas School
  Safety Center, determines that entering into a statewide contract
  with a vendor for the provision of a technology designated under
  Subsection (b-1) would result in cost savings to school districts,
  the agency may, after receiving approval from the Legislative
  Budget Board and office of the governor, enter into a contract with
  a vendor to provide the technology to each district that uses funds
  allocated under this section to purchase that technology.
         (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 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.
         (e)  Notwithstanding any other law, a school district may use
  funds allocated under this section to provide training to a person
  authorized by the district to carry a firearm on a district campus.
         SECTION 24.  Subchapter Z, Chapter 411, Government Code, is
  amended by adding Section 411.951 to read as follows:
         Sec. 411.951.  CONFIDENTIALITY OF IWATCHTEXAS COMMUNITY
  REPORTING SYSTEM REPORTS. All suspicious activity reports and
  school safety reports included in the iWatchTexas community
  reporting system operated by the department are confidential and
  not subject to disclosure under Chapter 552.
         SECTION 25.  Subchapter B, Chapter 85, Local Government
  Code, is amended by adding Section 85.024 to read as follows:
         Sec. 85.024.  SCHOOL SAFETY MEETINGS. (a) The sheriff of a
  county with a total population of less than 350,000 in which a
  public school is located shall call and conduct semiannual meetings
  to discuss:
               (1)  school safety;
               (2)  coordinated law enforcement response to school
  violence incidents;
               (3)  law enforcement agency capabilities;
               (4)  available resources;
               (5)  emergency radio interoperability;
               (6)  chain of command planning; and
               (7)  other related subjects proposed by a person in
  attendance at the meeting.
         (b)  The sheriff of a county to which this section applies in
  which more than one public school is located is only required to
  hold one semiannual meeting described by Subsection (a). This
  subsection does not require public schools located within the same
  county to adopt the same school safety policies.
         (c)  The following persons shall attend a meeting called
  under Subsection (a):
               (1)  the sheriff or the sheriff's designee;
               (2)  the police chief of a municipal police department
  in the county or the police chief's designee;
               (3)  each elected constable in the county or the
  constable's designees;
               (4)  each police chief of a school district's police
  department or school district security coordinator from each school
  district located in the county;
               (5)  a representative of the Department of Public
  Safety assigned to the county;
               (6)  a representative of each other state agency with
  commissioned peace officers assigned to the county;
               (7)  a person appointed to a command staff position at
  an emergency medical service in the county;
               (8)  a person appointed to a command staff position at a
  municipal emergency medical service in the county;
               (9)  a person appointed to a command staff position at a
  fire department in the county;
               (10)  the superintendent or the superintendent's
  designee of each school district located in the county;
               (11)  the person who serves the function of
  superintendent, or that person's designee, in each open-enrollment
  charter school located in the county; and
               (12)  any other person the sheriff considers
  appropriate.
         (d)  The sheriff shall invite any federal law enforcement
  official serving in the county to attend the meeting.
         (e)  As soon as practicable after a meeting under Subsection
  (a), the sheriff shall submit a report to the Texas School Safety
  Center identifying the attendees of the meeting and the subjects
  discussed. The Texas School Safety Center shall maintain the report
  and make it publicly available on the center's Internet website.  
  The center may not make publicly available and shall redact any
  parts of a report that the center determines may expose a safety
  vulnerability of a school district facility.
         SECTION 26.  (a) As soon as practicable after the effective
  date of this Act, the Texas Education Agency shall establish the
  office of school safety and security and the governor shall appoint
  the director of that office as required by Section 37.1083,
  Education Code, as added by this Act.
         (b)  As soon as practicable after the office of school safety
  and security has been established, the office shall establish
  school safety review teams in each region served by a regional
  education service center as required by Section 37.1084, Education
  Code, as added by this Act.
         SECTION 27.  Section 45.1011, Education Code, as added by
  this Act, applies only to a bond authorized to be issued at an
  election held on or after the effective date of this Act.
         SECTION 28.  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 29.  (a) Section 7.028 and Chapter 37, Education
  Code, as amended by this Act, apply 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 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.
         SECTION 30.  (a) Except as provided by Subsection (b) 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3 was passed by the House on April 25,
  2023, by the following vote:  Yeas 119, Nays 25, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3 on May 23, 2023, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3 on May 28, 2023, by the following vote:  Yeas 93, Nays
  49, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3 was passed by the Senate, with
  amendments, on May 21, 2023, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3 on May 28, 2023, by the following vote:  Yeas 26, Nays 5.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor