Bill Text: TX HB3290 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the adoption of special threat response policies by school districts and special threat response policies and protocols by law enforcement agencies with jurisdiction in school districts and of standard terminology for special threat response by the Texas Education Agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB3290 Detail]
Download: Texas-2019-HB3290-Introduced.html
Bill Title: Relating to the adoption of special threat response policies by school districts and special threat response policies and protocols by law enforcement agencies with jurisdiction in school districts and of standard terminology for special threat response by the Texas Education Agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB3290 Detail]
Download: Texas-2019-HB3290-Introduced.html
By: Toth | H.B. No. 3290 |
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relating to establishing public school campus special threat | ||
response plans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.108, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (f) and (g) to read | ||
as follows: | ||
Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY | ||
AND SECURITY AUDIT (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 using uniform | ||
nomenclature found in the standard response protocol. The plan must | ||
address mitigation, preparedness, response, and recovery as | ||
defined by the commissioner of education or commissioner of higher | ||
education in conjunction with the governor's office of homeland | ||
security. The plan must provide for: | ||
(1) district employee training in responding to an | ||
emergency; | ||
(2) if the plan applies to a school district, | ||
mandatory school drills and exercises to prepare district students | ||
and employees for responding to an emergency; | ||
(3) measures to ensure coordination with the | ||
Department of State Health Services, [ |
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management agencies, and emergency services agencies [ |
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of an emergency; and | ||
(4) the implementation of a safety and security audit | ||
as required by Subsection (b). | ||
(f) A school district, in coordination with emergency | ||
services agencies, shall include in its multihazard emergency | ||
operations plan a special threat response policy as described in | ||
Section 37.1081. | ||
(g) In this section "emergency services agency" includes a | ||
law enforcement agency, a school security department, a health | ||
department, an emergency medical services provider, and a fire | ||
department. | ||
SECTION 2. Subchapter D, Chapter 37, Education Code, is | ||
amended by 37.1081 to read as follows: | ||
Sec. 37.1081. CAMPUS SPECIAL THREAT RESPONSE POLICY. (a) | ||
Each school district shall coordinate with each emergency services | ||
agency serving the school district to: | ||
(1) establish a policy using uniform nomenclature | ||
found in the standard response protocol to be included in each | ||
school district's multihazard emergency operations plan as | ||
described by Sec. 37.108 for coordinating with emergency services | ||
agencies when responding to a special threat on the campus of a | ||
school; | ||
(2) annually: | ||
(A) during the regular school year conduct an | ||
special threat drill with emergency services agencies, students, | ||
and school employees, including substitute teachers, in accordance | ||
with the policy; and | ||
(B) review and, if necessary, revise the policy; | ||
and | ||
(3) not later than August 1 of each year, submit the | ||
policy to the commissioner and the director of public safety. | ||
(b) The response policy established under Subsection (a)(1) | ||
must: | ||
(1) include protocols for the first law enforcement | ||
officer arriving at the scene to immediately: | ||
(A) enter the premises where the emergency is | ||
occurring; | ||
(B) identify and evaluate the threat; and | ||
(C) take action to eliminate the threat, if | ||
feasible, or contain the threat to prevent further injuries and | ||
protect the public while additional law enforcement officers are | ||
summoned; and | ||
(2) must be consented to by each emergency services | ||
agency serving the school district, which consent may not be | ||
unreasonably withheld. | ||
(c) Each emergency services agency serving a school | ||
district shall adopt a response policy incorporating the policy | ||
established under Subsection (a)(1) and include any additional | ||
information necessary for the emergency services district to | ||
perform its duties under a school district's response policy. | ||
(d) Rules and procedures shall be adopted by: | ||
(1) the commissioner for the annual certification of a | ||
school district's plan established under Subsection (a)(1); and | ||
(2) the director of public safety for the annual | ||
certification of an emergency service agency's plan established | ||
under Subsection (c). | ||
(d) In this section "emergency services agency" has the | ||
meaning assigned by Section 37.108(g). | ||
SECTION 3. (a) As soon as practicable after the effective | ||
date of this Act: | ||
(1) each school district and each emergency services | ||
agency shall establish the policy required by Section 37.1081, | ||
Education Code, as added by this Act; and | ||
(2) the Commissioner of Education and the Director of | ||
Public Safety shall adopt the rules and procedures required by | ||
Section 37.1081, Education Code, as added by this Act. | ||
(b) Not later than August 1, 2020, each school district and | ||
emergency services agency shall submit the initial policies to the | ||
Commissioner of Education and the Director of Public Safety, as | ||
required by Section 37.1081, Education Code, as added by this Act. | ||
SECTION 4. 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, 2019. |