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A BILL TO BE ENTITLED
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AN ACT
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relating to the armed security officers required to be present at |
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public schools and the permissible uses of the school safety |
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allotment and the creation of a mental health allotment under the |
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Foundation School Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0814(b), Education Code, is amended |
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to read as follows: |
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(b) A security officer described by Subsection (a) must be: |
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(1) a school district peace officer; |
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(2) a school resource officer; [or] |
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(3) a commissioned peace officer employed as security |
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personnel under Section 37.081; or |
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(4) a canine unit, as defined by Section 108.001, |
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Business & Commerce Code. |
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SECTION 2. Section 48.115, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-2) and |
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(a-3) to read as follows: |
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(a) Except as provided by Subsection (a-1) and subject to |
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Subsection (a-2), a school district is entitled to an annual |
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allotment equal to the sum of the following amounts or a greater |
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amount provided by appropriation: |
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(1) $100 [$10] for each student in average daily |
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attendance, plus $1 for each student in average daily attendance |
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per every $50 by which the district's maximum basic allotment under |
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Section 48.051 exceeds $6,160, prorated as necessary; and |
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(2) $100,000 [$15,000] per campus. |
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(a-2) To be eligible to receive an allotment under this |
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section, a school district must ensure that: |
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(1) at least one security officer described by Section |
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37.0814(b) armed with a firearm is present at each district campus |
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during regular school hours; and |
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(2) at least one school marshal or security officer |
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described by Section 37.0814(b) who has received training |
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comparable to the training required for a school marshal under |
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Section 1701.260(c), Occupations Code, and is armed with a firearm |
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is appointed, assigned, or employed by the district for every 200 |
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students enrolled at the district. |
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(a-3) Requirements under subsection (a-2)(2) can also be |
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met via at least one remote-human-operated aerial device described |
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by Article 2.33(a)(1), Code of Criminal Procedure, deployed or |
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contracted by the district at each district campus providing less |
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lethal interdiction capability by means of air-based irritant |
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delivery or other mechanisms for every 200 students enrolled at the |
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district. |
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(b) Funds allocated under this section must be used to |
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improve school safety and security, including costs associated |
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with: |
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(1) securing school facilities in accordance with the |
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requirements of Section 37.351, including: |
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(A) improvements to school infrastructure; |
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(B) the use or installation of perimeter security |
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fencing conducive to a public school learning environment or |
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physical barriers, which may not include razor wire; |
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(C) exterior door and window safety and security |
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upgrades, including exterior door numbering and locking systems and |
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security film that provides resistance to a forced entry; and |
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(D) the purchase and maintenance of: |
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(i) security cameras and, if the district |
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has already installed security cameras, other security equipment, |
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including video surveillance as provided by Section 29.022; and |
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(ii) technology, including communications |
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systems or devices, such as silent panic alert devices, two-way |
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radios, or wireless Internet booster equipment, that facilitates |
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communication and information sharing between students, school |
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personnel, and first responders in an emergency; |
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(2) providing security for the district, including: |
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(A) employing school district peace officers, |
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private security officers, and school marshals; and |
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(B) collaborating with local law enforcement |
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agencies, such as entering into a memorandum of understanding for |
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the assignment of school resource officers to schools in the |
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district; |
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(3) school safety and security measures, including: |
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(A) active shooter and emergency response |
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training; |
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(B) prevention and treatment programs relating |
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to addressing adverse childhood experiences; and |
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(C) the prevention, identification, and |
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management of emergencies and threats, using evidence-based, |
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effective prevention practices and including the establishment of |
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[: |
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(i) providing licensed counselors, social |
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workers, chaplains, and individuals trained in restorative |
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discipline and restorative justice practices; |
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(ii) providing mental health personnel and |
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support, including chaplains; |
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(iii) providing behavioral health |
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services, including services provided by chaplains; |
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(iv)] threat reporting systems;[and |
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(v) developing and implementing programs |
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focused on restorative justice practices, culturally relevant |
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instruction, and providing mental health support, including |
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support provided by chaplains;] |
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[(4) providing programs related to suicide prevention, |
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intervention, and postvention, including programs provided by |
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chaplains;] and |
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(4) [(5)] employing a school safety director and other |
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personnel to manage and monitor school safety initiatives and the |
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implementation of school safety requirements for the district. |
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SECTION 3. Subchapter C, Chapter 48, Education Code, is |
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amended by adding Section 48.117 to read as follows: |
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Sec. 48.117. MENTAL HEALTH ALLOTMENT. (a) A school |
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district is entitled to an annual allotment of $100,000 or a greater |
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amount provided by appropriation to support mental health services |
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at the district. |
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(b) In addition to the allotment under Subsection (a), a |
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school district that receives an allotment under Section 48.101 or |
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at which more than 50 percent of enrolled students are |
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educationally disadvantaged is entitled to an allotment for each |
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student enrolled in the district in an amount provided by |
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appropriation. |
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(c) Funds allocated under this section: |
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(1) must be used to develop or enhance a comprehensive |
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school mental health system that, through the implementation of |
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programs, practices, and procedures in accordance with Section |
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38.351, provides a tiered array of supports and services in the |
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educational setting, including support provided by chaplains, that |
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contribute to: |
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(A) a positive school climate; |
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(B) the development of skills related to managing |
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emotions, establishing and maintaining positive relationships, and |
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responsible decision-making; |
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(C) the learning and well-being of students with |
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or at risk of mental health or substance use conditions; |
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(D) family and community engagement; |
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(E) reduced exclusionary discipline practices; |
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and |
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(F) staff wellness; and |
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(2) may be used to pay for costs associated with: |
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(A) the salary of school personnel, including |
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chaplains, responsible for planning, coordinating, delivering, or |
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monitoring supports and services described by Subdivision (1); |
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(B) training school personnel regarding |
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effective practices and district and campus procedures to support |
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student mental health; |
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(C) a contract-based collaborative effort or |
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partnership with one or more local community programs, agencies, or |
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providers, including programs provided by chaplains; and |
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(D) developing and implementing programs focused |
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on restorative justice practices, including programs provided by |
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chaplains. |
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(d) Funds allocated for purposes of this section may not be |
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used to supplant any other funds that may be provided for the same |
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purpose. |
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(e) Not later than June 1 of each year and in accordance with |
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commissioner rule, each school district shall submit to the |
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commissioner information regarding the outcomes and expenditures |
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related to funds allocated to the district under this section. |
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(f) Not later than September 1 of each year, the |
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commissioner shall publish a report regarding the use of funds |
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allocated under this section during the preceding school year, |
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including information regarding the programs, personnel, and |
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resources implemented, employed, or purchased by school districts |
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using the funds and other purposes for which the funds were used. |
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SECTION 4. This Act takes effect September 1, 2025. |