Bill Text: TX SB1849 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to public school safety measures, access to mental health professionals in public schools and during certain emergencies, access to criminal history and mental health records, and access to firearms; requiring a certificate for employment as a school behavioral counselor; creating a criminal offense; increasing a criminal penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-18 - Referred to Education [SB1849 Detail]

Download: Texas-2019-SB1849-Introduced.html

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86R988 MEW/GCB/ADM/LHC/YDB-D
By: Miles S.B. No. 1849

A BILL TO BE ENTITLED
AN ACT
relating to public school safety measures, access to mental health
professionals in public schools and during certain emergencies,
access to criminal history and mental health records, and access to
firearms; requiring a certificate for employment as a school
behavioral counselor; creating a criminal offense; increasing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC SCHOOL SAFETY MEASURES
SECTION 1.01. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.068 to read as follows:
Sec. 7.068. STUDY OF SAFETY STANDARDS FOR INSTRUCTIONAL
FACILITIES. (a) In this section, "instructional facility" has the
meaning assigned by Section 46.001.
(b) The commissioner shall conduct a study on building
standards and security for instructional facilities to ensure that
instructional facilities provide a safe and secure environment.
The commissioner shall consider methods to improve the security of
instructional facilities, including:
(1) potential use of metal detectors, deadbolts, or
locks for certain doors;
(2) methods to ensure greater control of entrances,
exits, and external access;
(3) installation of security or alarm systems in
instructional facilities;
(4) methods for the improvement, renovation, or
retrofitting of existing instructional facilities; and
(5) design and construction standards for new
instructional facilities.
(c) The study shall include specific recommendations for
building standards and security improvements for school districts
classified by the agency into the following community types:
(1) major urban;
(2) major suburban;
(3) other central city;
(4) other central city suburban;
(5) independent town;
(6) non-metropolitan: fast growing;
(7) non-metropolitan: stable;
(8) rural; and
(9) charter school districts.
(d) In conducting the study, the commissioner shall consult
with the Texas School Safety Center and any other experts in school
safety and security or the design of instructional facilities
determined by the commissioner to be appropriate.
(e) Not later than December 1, 2020, the commissioner shall
submit to the governor, the lieutenant governor, the speaker of the
house of representatives, and each legislative standing committee
with primary jurisdiction over public education the results of the
study and recommendations for legislative or other action.
(f) This section expires December 1, 2021.
SECTION 1.02. Section 12.104, Education Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) The governing body of an open-enrollment charter
school may:
(1) commission peace officers and employ security
personnel in the same manner as a board of trustees of a school
district under Sections 37.081 and 37.08101; and
(2) enter into a memorandum of understanding with a
local law enforcement agency to assign a school resource officer,
as that term is defined by Section 1701.601, Occupations Code, to
the school.
(a-2) A reference in law to a peace officer commissioned
under Section 37.081 includes a peace officer commissioned by the
governing body of an open-enrollment charter school in accordance
with Subsection (a-1), and a charter school peace officer has the
same powers, duties, and immunities as a peace officer commissioned
under that section.
SECTION 1.03. Section 12.104(b), Education Code, as amended
by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153),
Acts of the 85th Legislature, Regular Session, 2017, 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; and
(2) 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;
(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) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) 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;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) [(P)] 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); and
(T) school safety requirements under Sections
37.108, 37.1082, 37.109, and 37.207.
SECTION 1.04. Section 30.052(l), Education Code, is amended
to read as follows:
(l) The governing board of the Texas School for the Deaf may
employ security personnel and may commission peace officers in the
same manner as a board of trustees of a school district under
Sections [Section] 37.081 and 37.08101.
SECTION 1.05. Section 37.006, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code; or
(2) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code,
against a person other than a person described in Paragraph (B-1);
(B-1) except as provided by Subsection (a-1),
engages in conduct that contains the elements of the offense of
assault under Section 22.01(a)(1), (2), or (3), Penal Code, against
a school district employee or a volunteer as defined by Section
22.053;
(C) sells, gives, or delivers to another person
or possesses or uses or is under the influence of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) sells, gives, or delivers to another person
an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(E) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code; or
(F) engages in conduct that contains the elements
of the offense of public lewdness under Section 21.07, Penal Code,
or indecent exposure under Section 21.08, Penal Code.
(a-1) If a principal or other appropriate administrator,
including a campus behavior coordinator, determines that
extraordinary circumstances apply, the principal or administrator
is not required to place a student in a disciplinary alternative
education program for conduct described by Subsection (a)(2)(B-1).
SECTION 1.06. Section 37.0081(a), Education Code, is
amended to read as follows:
(a) Subject to Subsection (h), but notwithstanding any
other provision of this subchapter, the board of trustees of a
school district, or the board's designee, after an opportunity for
a hearing may expel a student and elect to place the student in an
alternative setting as provided by Subsection (a-1) if:
(1) the student:
(A) has received deferred prosecution under
Section 53.03, Family Code, for conduct defined as:
(i) a felony offense in Title 5, Penal Code,
or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code;
(B) has been found by a court or jury to have
engaged in delinquent conduct under Section 54.03, Family Code, for
conduct defined as:
(i) a felony offense in Title 5, Penal Code,
or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code;
(C) is charged with engaging in conduct defined
as:
(i) a felony offense in Title 5, Penal Code,
or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code;
(D) has been referred to a juvenile court for
allegedly engaging in delinquent conduct under Section 54.03,
Family Code, for conduct defined as:
(i) a felony offense in Title 5, Penal Code,
or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code;
(E) has received probation or deferred
adjudication for:
(i) a felony offense under Title 5, Penal
Code, or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code;
(F) has been convicted of:
(i) a felony offense under Title 5, Penal
Code, or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code; or
(G) has been arrested for or charged with:
(i) a felony offense under Title 5, Penal
Code, or Chapter 46, Penal Code; or
(ii) an [the felony] offense [of aggravated
robbery] under Section 29.03, 42.072, 42.09, or 42.092, Penal Code,
or Chapter 71, Penal Code; and
(2) the board or the board's designee determines that
the student's presence in the regular classroom:
(A) threatens the safety of other students or
teachers;
(B) will be detrimental to the educational
process; or
(C) is not in the best interests of the
district's students.
SECTION 1.07. Section 37.009, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If a student is placed in a disciplinary alternative
education program, a school district shall conduct a behavioral
threat assessment of the student if the campus behavior coordinator
or other appropriate administrator or the student's parent or
guardian considers an assessment of the student to be necessary.
SECTION 1.08. The heading to Section 37.081, Education
Code, is amended to read as follows:
Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS [AND SECURITY
PERSONNEL].
SECTION 1.09. Section 37.081(a), Education Code, is amended
to read as follows:
(a) The board of trustees of any school district may [employ
security personnel and may] commission peace officers to carry out
this subchapter. [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
[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 the peace officer [or security personnel].
SECTION 1.10. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.08101 to read as follows:
Sec. 37.08101. SCHOOL DISTRICT SECURITY PERSONNEL. (a) In
this section:
(1) "Retired peace officer" has the meaning assigned
by Section 1701.3161, Occupations Code.
(2) "Veteran" has the meaning assigned by Section
434.022, Government Code.
(b) The board of trustees of a school district may employ
security personnel to provide security services in the district and
to carry out this subchapter.
(c) In employing security personnel under this section, the
board of trustees of a school district shall give preference to a
person who is:
(1) a commissioned peace officer;
(2) a retired peace officer; or
(3) a veteran.
(d) The board of trustees of a school district may not
authorize a person employed as security personnel to carry a weapon
unless that person is:
(1) a commissioned peace officer;
(2) a retired peace officer; or
(3) a veteran who has been issued a certificate of
completion for the school security personnel training under Section
1701.269, Occupations Code.
(e) The board of trustees of a school district shall
determine the jurisdiction of security personnel employed under
this section, which may include all territory in the boundaries of
the district and all property outside the boundaries of the
district that is owned, leased, or rented by or otherwise under the
control of the district and the board of trustees that employ the
security personnel.
SECTION 1.11. Sections 37.0811(a), (d), and (e), Education
Code, are amended to read as follows:
(a) The board of trustees of a school district or the
governing body of an open-enrollment charter school may appoint not
more than the greater of:
(1) one school marshal per 100 [200] students in
average daily attendance per campus; or
(2) for each campus, one school marshal per building
of the campus at which students regularly receive classroom
instruction.
(d) Any written regulations adopted for purposes of
Subsection (c) must provide that a [school marshal may carry a
concealed handgun as described by Subsection (c), except that if
the primary duty of the school marshal involves regular, direct
contact with students, the marshal may not carry a concealed
handgun but may possess a handgun on the physical premises of a
school in a locked and secured safe within the marshal's immediate
reach when conducting the marshal's primary duty. The written
regulations must also require that a] handgun carried or possessed
by [or within access of] a school marshal may be loaded only with
frangible duty ammunition approved for that purpose by the Texas
Commission on Law Enforcement.
(e) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 1.12. Sections 37.0813(a), (d), and (e), Education
Code, are amended to read as follows:
(a) The governing body of a private school may appoint not
more than the greater of:
(1) one school marshal per 100 [200] students enrolled
in the school; or
(2) one school marshal per building of the school at
which students regularly receive classroom instruction.
(d) Any written regulations adopted for purposes of
Subsection (c) must provide that a [school marshal may carry a
concealed handgun as described by Subsection (c), except that if
the primary duty of the school marshal involves regular, direct
contact with students in a classroom setting, the marshal may not
carry a concealed handgun but may possess a handgun on the physical
premises of a school in a locked and secured safe within the
marshal's immediate reach when conducting the marshal's primary
duty. The written regulations must also require that a] handgun
carried or possessed by [or within access of] a school marshal may
be loaded only with frangible duty ammunition approved for that
purpose by the Texas Commission on Law Enforcement.
(e) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 1.13. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.086 to read as follows:
Sec. 37.086. LAW ENFORCEMENT AND CAMPUS AGREEMENT. (a) A
school district or open-enrollment charter school may adopt a law
enforcement and campus agreement to encourage the on-campus
presence of peace officers by:
(1) requesting local law enforcement agencies to
include campus school grounds in regular patrols conducted by peace
officers; and
(2) allowing peace officers to use campus facilities
to:
(A) complete clerical law enforcement
activities, including the filing of police reports; and
(B) take meal and rest breaks.
(b) A school district or open-enrollment charter school
that adopts an agreement under this section may provide office
space for the regular use of a state or local law enforcement agency
official.
(c) The commissioner may, from funds appropriated to the
agency for that purpose, provide a matching grant not to exceed
$10,000 to a school district or open-enrollment charter school for
the purpose of acquiring federal funding with a matching funds
requirement to defray costs incurred in the implementation of an
agreement described by this section.
SECTION 1.14. Section 37.108, Education Code, is amended by
amending Subsection (c) and adding Subsection (f) to read as
follows:
(c) A school district or public junior college district
shall report the results of the safety and security audit conducted
under Subsection (b) to the district's board of trustees and, in the
manner required by the Texas School Safety Center, to the Texas
School Safety Center. A school district shall also report the
results to the agency in accordance with Section 37.1082.
(f) A school district shall include in its multihazard
emergency operations plan a policy regarding:
(1) required training for persons who provide security
services at the district, including a person employed as security
personnel by the district and a person appointed as a school marshal
by the district; and
(2) the role of a person described by Subdivision (1)
in responding to an emergency in a district facility.
SECTION 1.15. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.1082 to read as follows:
Sec. 37.1082. AGENCY DUTIES REGARDING SCHOOL SAFETY
MEASURES. (a) The agency shall adopt a three-year cycle for the
agency's review of school district safety and security audits
conducted under Section 37.108(b).
(b) A school district shall:
(1) submit the results of the district's safety and
security audit to the agency in accordance with the cycle adopted
under Subsection (a); and
(2) provide any information required by the agency in
connection with the agency's review of the audit, including:
(A) the name of each individual on the district's
school safety and security committee established under Section
37.109; and
(B) the date of each committee meeting during the
preceding year.
(c) The Texas School Safety Center shall participate in the
agency's review of school district safety and security audits and
may provide a recommendation to the agency based on the results of
an audit.
(d) Regardless of whether the Texas School Safety Center
provides a recommendation under Subsection (c) and regardless of
the content of any recommendation provided, the agency shall make
an independent final determination of whether the results of a
school district's safety and security audit comply with applicable
standards.
(e) If the agency makes a determination under Subsection (d)
that the results of a school district's safety and security audit do
not comply with applicable standards, the agency and the Texas
School Safety Center shall assist the district in improving the
district's safety and security measures in a manner that will
result in an improvement in the district's safety and security
audit.
(f) A school district, after receiving assistance from the
agency and the Texas School Safety Center under Subsection (e),
shall conduct a new safety and security audit and resubmit the
results of the audit to the agency for review.
(g) The commissioner may adopt rules necessary to implement
this section.
SECTION 1.16. Section 37.109, Education Code, is amended by
adding Subsections (a-1), (c), (d), and (e) and amending Subsection
(b) to read as follows:
(a-1) The committee must include:
(1) one or more representatives of an office of
emergency management of a county or municipality in which the
district is located;
(2) one or more representatives of the local police
department or sheriff's office;
(3) one or more representatives of the district's
police department, if applicable;
(4) one or more representatives of a municipality with
territory included within the boundaries of the district;
(5) the president of the district's board of trustees;
(6) a member of the district's board of trustees other
than the president;
(7) the district's superintendent;
(8) one or more designees of the district's
superintendent, one of whom must be a classroom teacher in the
district;
(9) if the district partners with an open-enrollment
charter school to provide instruction to students, a member of the
open-enrollment charter school's governing body or a designee of
the governing body; and
(10) two parents or guardians of students enrolled in
the district.
(b) The committee shall:
(1) participate on behalf of the district in
developing and implementing emergency plans consistent with the
district multihazard emergency operations plan required by Section
37.108(a) to ensure that the plans reflect specific campus,
facility, or support services needs;
(2) before the beginning of the school year and once
during the spring semester, meet with the district's board of
trustees to provide updates and recommendations regarding the
district's multihazard emergency operations plan required by
Section 37.108(a);
(3) report to the district's board of trustees the best
methods to provide 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;
(4) provide the district with any campus, facility, or
support services information required in connection with a safety
and security audit required by Section 37.108(b), a safety and
security audit report required by Section 37.108(c), or another
report required to be submitted by the district to the Texas School
Safety Center; [and]
(5) [(3)] review each report required to be submitted
by the district to the Texas School Safety Center to ensure that the
report contains accurate and complete information regarding each
campus, facility, or support service in accordance with criteria
established by the center; and
(6) consult with local law enforcement agencies on
methods to increase law enforcement presence near district
campuses.
(c) A meeting required under Subsection (b)(2) must:
(1) include discussions on recommended facility
improvements and emergency operations planning developments; and
(2) be open to parents, students, teachers, and
community members and allow those individuals to comment on
discussions and statements made during the meeting regarding the
district's multihazard emergency operations plan.
(d) Subsection (c)(2) does not require a district to make
publicly available the district's multihazard emergency operations
plan required by Section 37.108.
(e) Except as otherwise provided by this subsection, the
committee shall meet at least once during each academic semester
and at least once during the summer. A committee established by a
school district that operates schools on a year-round system or in
accordance with another alternative schedule shall meet at least
once every four months.
SECTION 1.17. Subchapter G, Chapter 37, Education Code, is
amended by adding Sections 37.2051 and 37.2052 to read as follows:
Sec. 37.2051. BEHAVIORAL THREAT ASSESSMENT TRAINING. (a)
The center shall conduct for school districts behavioral threat
assessment training to provide school personnel with the skills to
appropriately assess threats and identify proper interventions for
students.
(b) The training provided under this section must
incorporate a threat assessment model that provides information
regarding the operation of school threat assessment teams composed
of school personnel, law enforcement professionals, mental health
professionals, and community members.
(c) The center may partner with an organization to provide
the training under this section to school districts at no cost to
the districts.
Sec. 37.2052. TRAINING FOR SCHOOL MARSHALS AND SECURITY
PERSONNEL. (a) The center shall provide a course of instruction
regarding:
(1) methods to improve school safety; and
(2) the use of law enforcement tactics to provide
security services at a school, including:
(A) the standard response protocol; and
(B) the standard reunification method.
(b) A person employed as security personnel or appointed as
a school marshal by the board of trustees of a school district or
the governing body of an open-enrollment charter school must
complete the course of instruction provided under this section at
least once every five years.
SECTION 1.18. Sections 51.220(e) and (f), Education Code,
are amended to read as follows:
(e) Any written regulations adopted for purposes of
Subsection (d) must provide that a [school marshal may carry a
concealed handgun as described by Subsection (d), except that if
the primary duty of the school marshal involves regular, direct
contact with students, the marshal may not carry a concealed
handgun but may possess a handgun on the physical premises of a
public junior college campus in a locked and secured safe within the
marshal's immediate reach when conducting the marshal's primary
duty. The written regulations must also require that a] handgun
carried or possessed by [or within access of] a school marshal may
be loaded only with frangible duty ammunition approved for that
purpose by the Texas Commission on Law Enforcement.
(f) A school marshal may use [access] a handgun the school
marshal is authorized to carry or possess under this section only
under circumstances that would justify the use of deadly force
under Section 9.32 or 9.33, Penal Code.
SECTION 1.19. Article 15.27(h), Code of Criminal Procedure,
is amended to read as follows:
(h) This article applies to any felony offense and the
following misdemeanors:
(1) an offense under Section 20.02, 21.08, 22.01,
22.05, 22.07, 42.09, 42.092, [or] 71.02, or 71.021, Penal Code;
(2) the unlawful use, sale, or possession of a
controlled substance, drug paraphernalia, or marihuana, as defined
by Chapter 481, Health and Safety Code; or
(3) the unlawful possession of any of the weapons or
devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a
weapon listed as a prohibited weapon under Section 46.05, Penal
Code.
SECTION 1.20. Section 1701.260(c), Occupations Code, is
amended to read as follows:
(c) The training program shall include at least 50 hours and
not more than 80 hours of instruction designed to:
(1) emphasize strategies for preventing school
shootings and for securing the safety of potential victims of
school shootings;
(2) educate a trainee about legal issues relating to
the duties of peace officers and the use of force or deadly force in
the protection of others;
(3) introduce the trainee to effective law enforcement
strategies and techniques;
(4) improve the trainee's proficiency with a handgun;
and
(5) enable the trainee to respond to an emergency
situation requiring deadly force, such as a situation involving an
active shooter.
SECTION 1.21. Subchapter F, Chapter 1701, Occupations Code,
is amended by adding Sections 1701.2601 and 1701.269 to read as
follows:
Sec. 1701.2601. SCHOOL MARSHAL TRAINING STUDY. (a) The
commission shall conduct a study regarding changes to be made to the
training provided under Section 1701.260 to make that training a
streamlined course of instruction for school marshals that includes
training in the use of firearms. In conducting the study, the
commission shall solicit input from stakeholders.
(b) Not later than August 31, 2020, the commission shall:
(1) amend the training provided under Section 1701.260
to incorporate any commission-approved changes developed in the
study; and
(2) submit a report detailing the results of the study
to the governor and to the standing committees of the legislature
with jurisdiction over issues involving law enforcement and school
safety.
(c) This section expires September 1, 2020.
Sec. 1701.269. TRAINING PROGRAM FOR VETERANS TO SERVE AS
SCHOOL SECURITY PERSONNEL. (a) The commission shall provide a
course of instruction regarding school security to a person who is:
(1) a veteran, as defined by Section 434.022,
Government Code; and
(2) employed by a school district as security
personnel and authorized by the board of trustees of the district to
carry a weapon.
(b) The course of instruction provided under this section
must be tailored to each individual who takes the course according
to that individual's background.
(c) The commission shall issue a certificate to each veteran
who completes the training program under this section.
SECTION 1.22. Not later than January 1, 2020, the Texas
Commission on Law Enforcement shall develop a training program for
veterans who serve as school security personnel, as provided by
Section 1701.269, Occupations Code, as added by this Act. A school
district may not authorize a veteran to carry a weapon until the
veteran has completed the training program.
SECTION 1.23. Not later than January 1, 2020, the Texas
School Safety Center shall make available the course of instruction
for school marshals and school security personnel required by
Section 37.2052, Education Code, as added by this article.
ARTICLE 2. SCHOOL COUNSELORS AND BEHAVIORAL HEALTH PROFESSIONALS
SECTION 2.01. Section 7.040(b), Education Code, is amended
to read as follows:
(b) The agency shall collaborate with the Texas Higher
Education Coordinating Board and the Texas Workforce Commission to
obtain the information required under Subsection (a). The agency
shall incorporate the use of existing materials and develop new
materials to be provided to school academic counselors, students,
and parents regarding institutions of higher education.
SECTION 2.02. Section 7.055(b)(18), Education Code, is
amended to read as follows:
(18) The commissioner shall adopt a recommended
appraisal process and criteria on which to appraise the performance
of teachers, a recommended appraisal process and criteria on which
to appraise the performance of administrators, and [a] job
descriptions [description] and evaluation forms [form] for use in
evaluating school academic counselors and school behavioral
counselors, as provided by Subchapter H, Chapter 21.
SECTION 2.03. Section 11.252(a), Education Code, is amended
to read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the achievement indicators adopted under
Section 39.053(c). The district improvement plan must include
provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the achievement indicators, and
other appropriate measures of performance, that are disaggregated
by all student groups served by the district, including categories
of ethnicity, socioeconomic status, sex, and populations served by
special programs, including students in special education programs
under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter O-1, Chapter 161, Health and Safety
Code, which includes a parental or guardian notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school academic counselors, and those students' parents
information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 2.04. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0411 to read as follows:
Sec. 21.0411. CLASSES OF EDUCATOR CERTIFICATE FOR PUBLIC
SCHOOL COUNSELORS: SCHOOL ACADEMIC COUNSELOR AND SCHOOL BEHAVIORAL
COUNSELOR. (a) In proposing rules under Section 21.041(b), the
board shall specify a class of educator certificate for public
school counselors that qualifies the educator for employment at a
public school in accordance with Section 33.001 as:
(1) a school academic counselor; and
(2) a school behavioral counselor.
(b) In proposing rules under Section 21.044, the board shall
specify that a candidate to obtain an educator certificate as a
school behavioral counselor must be:
(1) a licensed specialist in school psychology
licensed under Chapter 501, Occupations Code;
(2) a licensed professional counselor licensed under
Chapter 503, Occupations Code; or
(3) a licensed clinical social worker licensed under
Chapter 505, Occupations Code.
(c) Not later than January 1, 2020, the board shall propose
all necessary rules to implement this section, including rules
providing for certifying as a school behavioral counselor an
educator who:
(1) is certified as a school counselor before the
effective date of rules providing for certifying a school
behavioral counselor; and
(2) meets the requirements for certification as a
school behavioral counselor.
(d) Subsection (c) and this subsection expire September 1,
2021.
SECTION 2.05. Section 21.054(f), Education Code, is amended
to read as follows:
(f) Continuing education requirements for a school academic
counselor must provide that not more than 25 percent of training
required every five years include instruction regarding:
(1) assisting students in developing high school
graduation plans;
(2) implementing dropout prevention strategies; and
(3) informing students concerning:
(A) college admissions, including college
financial aid resources and application procedures; and
(B) career opportunities.
SECTION 2.06. Section 21.356, Education Code, is amended to
read as follows:
Sec. 21.356. EVALUATION OF SCHOOL COUNSELORS. (a) The
commissioner shall develop and periodically update a job
description and an evaluation form for use by school districts in
evaluating school academic counselors. The commissioner shall
consult with state guidance counselor associations in the
development and modification of the job description and the
evaluation form for school academic counselors.
(b) The commissioner shall develop and periodically update
a job description and evaluation form for use by school districts in
evaluating school behavioral counselors. The commissioner shall
consult with state guidance counselor associations and appropriate
licensing agencies or bodies under Chapters 501, 503, and 505,
Occupations Code, in the development and modification of the job
description and the evaluation form for school behavioral
counselors.
SECTION 2.07. Section 28.0212(a), Education Code, is
amended to read as follows:
(a) A principal of a junior high or middle school shall
designate a school academic counselor, teacher, or other
appropriate individual to develop and administer a personal
graduation plan for each student enrolled in the junior high or
middle school who:
(1) does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade level nine, as determined by the district.
SECTION 2.08. Section 28.02121(c), Education Code, is
amended to read as follows:
(c) A principal of a high school shall designate a school
academic counselor or school administrator to review personal
graduation plan options with each student entering grade nine
together with that student's parent or guardian. The personal
graduation plan options reviewed must include the distinguished
level of achievement described by Section 28.025(b-15) and the
endorsements described by Section 28.025(c-1). Before the
conclusion of the school year, the student and the student's parent
or guardian must confirm and sign a personal graduation plan for the
student.
SECTION 2.09. Section 28.025(b), Education Code, is amended
to read as follows:
(b) A school district shall ensure that each student, on
entering ninth grade, indicates in writing an endorsement under
Subsection (c-1) that the student intends to earn. A district shall
permit a student to choose, at any time, to earn an endorsement
other than the endorsement the student previously indicated. A
student may graduate under the foundation high school program
without earning an endorsement if, after the student's sophomore
year:
(1) the student and the student's parent or person
standing in parental relation to the student are advised by a school
academic counselor of the specific benefits of graduating from high
school with one or more endorsements; and
(2) the student's parent or person standing in
parental relation to the student files with a school academic
counselor written permission, on a form adopted by the agency,
allowing the student to graduate under the foundation high school
program without earning an endorsement.
SECTION 2.10. Section 28.0253(b), Education Code, is
amended to read as follows:
(b) A research university that chooses to participate in the
pilot program shall:
(1) not later than September 1 of each year, make
available on the university's Internet website detailed standards
for use in the program regarding:
(A) the specific competencies that demonstrate a
student's mastery of each subject area for which the Texas Higher
Education Coordinating Board and the commissioner have adopted
college readiness standards;
(B) the specific competencies that demonstrate a
student's mastery of a language other than English; and
(C) acceptable assessments or other means by
which a student may demonstrate the student's early readiness for
college with respect to each subject area and the language
described by this subdivision, subject to Subsection (c);
(2) partner with at least 10 school districts that
reflect the geographic diversity of this state and the student
compositions of which reflect the socioeconomic diversity of this
state; and
(3) assist school administrators, school academic
counselors, and other educators in each of those school districts
in designing the specific requirements of and implementing the
program in the district.
SECTION 2.11. Section 28.026, Education Code, is amended to
read as follows:
Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE
ADMISSION AND FINANCIAL AID. (a) The board of trustees of a school
district and the governing body of each open-enrollment charter
school that provides a high school shall require each high school in
the district or provided by the charter school, as applicable, to
post appropriate signs in each school academic counselor's office,
in each principal's office, and in each administrative building
indicating the substance of Section 51.803 regarding automatic
college admission and stating the curriculum requirements for
financial aid authorized under Title 3. To assist in the
dissemination of that information, the district or charter school
shall:
(1) require that each school academic counselor and
class advisor at a high school be provided a detailed explanation of
the substance of Section 51.803 and the curriculum requirements for
financial aid authorized under Title 3;
(2) provide each district or school student, at the
time the student first registers for one or more classes required
for high school graduation, with a written notification, including
a detailed explanation in plain language, of the substance of
Section 51.803, the curriculum requirements for financial aid
authorized under Title 3, and the benefits of completing the
requirements for that automatic admission and financial aid;
(3) require that each school academic counselor and
senior class advisor at a high school explain to eligible students
the substance of Section 51.803; and
(4) not later than the 14th day after the last day of
classes for the fall semester or an equivalent date in the case of a
school operated on a year-round system under Section 25.084,
provide each senior student eligible under Section 51.803 and each
student enrolled in the junior year of high school who has a grade
point average in the top 10 percent of the student's high school
class, and the student's parent or guardian, with a written
notification of the student's eligibility with a detailed
explanation in plain language of the substance of Section 51.803.
(b) The commissioner shall adopt forms, including specific
language, to use in providing notice under Subsections (a)(2) and
(4). In providing notice under Subsection (a)(2) or (4), a school
district or open-enrollment charter school shall use the
appropriate form adopted by the commissioner. The notice to a
student and the student's parent or guardian under Subsections
(a)(2) and (4) must be on a single form that contains signature
lines to indicate receipt of notice by the student and the student's
parent or guardian. The notice under Subsection (a)(2) must be
signed by the student's school academic counselor in addition to
being signed by the student and the student's parent or guardian.
SECTION 2.12. Section 28.054(b), Education Code, is amended
to read as follows:
(b) To obtain a subsidy under this section, a student must:
(1) pay the fee for each test or examination for which
the student seeks a subsidy; and
(2) submit to the board through the student's school
academic counselor a written application on a form prescribed by
the commissioner demonstrating financial need and the amount of the
fee paid by the student for each test or examination.
SECTION 2.13. Section 29.082(e), Education Code, is amended
to read as follows:
(e) A student who attends at least 90 percent of the program
days of a program under this section and who satisfies the
requirements for promotion prescribed by Section 28.021 shall be
promoted to the next grade level at the beginning of the next school
year unless a parent of the student presents a written request to
the school principal that the student not be promoted to the next
grade level. As soon as practicable after receiving the request
from a parent, the principal shall hold a formal meeting with the
student's parent, extended year program teacher, [and] school
academic counselor, and school behavioral counselor if a school
behavioral counselor is employed by the district. During the
meeting, the principal, the teacher, or a school counselor shall
explain the longitudinal statistics on the academic performance of
students who are not promoted to the next grade level and provide
information on the effect of retention on a student's self-esteem
and on the likelihood of a student dropping out of school. After
the meeting, the parent may withdraw the request that the student
not be promoted to the next grade level. If the parent of a student
eligible for promotion under this subsection withdraws the request,
the student shall be promoted. If a student is promoted under this
subsection, the school district shall continue to use innovative
practices to ensure that the student is successful in school in
succeeding years.
SECTION 2.14. Section 29.911(b), Education Code, is amended
to read as follows:
(b) During the designated week, each middle school, junior
high school, and high school shall provide students with
comprehensive grade-appropriate information regarding the pursuit
of higher education. The information provided must include
information regarding:
(1) higher education options available to students;
(2) standard admission requirements for institutions
of higher education, including:
(A) overall high school grade point average;
(B) required curriculum;
(C) college readiness standards and expectations
as determined under Section 28.008; and
(D) scores necessary on generally recognized
tests or assessment instruments used in admissions determinations,
including the Scholastic Assessment Test and the American College
Test;
(3) automatic admission of certain students to general
academic teaching institutions as provided by Section 51.803; and
(4) financial aid availability and requirements,
including the financial aid information provided by school academic
counselors under Section 33.007(b).
SECTION 2.15. Subchapter A, Chapter 33, Education Code, is
amended by adding Section 33.001 to read as follows:
Sec. 33.001. EMPLOYMENT OF PUBLIC SCHOOL COUNSELORS: SCHOOL
ACADEMIC COUNSELORS AND SCHOOL BEHAVIORAL COUNSELORS. (a) A
school district may employ as a school academic counselor an
educator who is certified under Subchapter B, Chapter 21, as a
school academic counselor or a school behavioral counselor. A
school academic counselor shall:
(1) provide guidance and counseling services to
students regarding academic development and achievement; and
(2) administer developmental guidance and counseling
programs in the district.
(b) A school district may only employ as a school behavioral
counselor an educator certified under Subchapter B, Chapter 21, as
a school behavioral counselor. A school behavioral counselor
shall:
(1) provide behavioral health counseling services to
students; and
(2) administer behavioral health counseling programs
in the district.
(c) If a school district employs an educator as a school
behavioral counselor, the district must also employ at least one
educator as a school academic counselor. An educator employed by a
district as a school behavioral counselor may not be required by the
district to also fulfill the role of a school academic counselor or,
except as provided by Section 33.006(c), otherwise be assigned a
duty imposed under this title on a school academic counselor.
(d) A reference in this title to:
(1) a "counselor," "school counselor," or "public
school counselor" refers to an appropriately certified educator
employed as:
(A) a school academic counselor; or
(B) a school behavioral counselor;
(2) a "school academic counselor" refers to an
appropriately certified educator employed as a school academic
counselor; and
(3) a "school behavioral counselor" refers to an
appropriately certified educator employed as a school behavioral
counselor.
SECTION 2.16. Section 33.002, Education Code, is amended to
read as follows:
Sec. 33.002. [CERTIFIED] SCHOOL ACADEMIC COUNSELOR
REQUIREMENT. (a) From funds appropriated for the purpose or other
funds that may be used for the purpose, the commissioner shall
distribute funds for programs under this subchapter. In
distributing those funds, the commissioner shall give preference to
a school district that received funds under this subsection for the
preceding school year and then to the districts that have the
highest concentration of students at risk of dropping out of
school, as described by Section 29.081. To receive funds for the
program, a school district must apply to the commissioner. For each
school year that a school district receives funds under this
subsection, the district shall allocate an amount of local funds
for school guidance and counseling programs that is equal to or
greater than the amount of local funds that the school district
allocated for that purpose during the preceding school year. This
section applies only to a school district that receives funds as
provided by this subsection.
(b) A school district with 500 or more students enrolled in
elementary school grades shall employ a school academic counselor
certified under the rules of the State Board for Educator
Certification for each elementary school in the district. A school
district shall employ at least one school academic counselor for
every 500 elementary school students in the district.
(c) A school district with fewer than 500 students enrolled
in elementary school grades shall provide guidance and counseling
services to elementary school students by:
(1) employing a part-time school academic counselor
certified under the rules of the State Board for Educator
Certification;
(2) employing a part-time teacher certified as a
school academic counselor under the rules of the State Board for
Educator Certification; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
academic counselor certified under the rules of the State Board for
Educator Certification.
SECTION 2.17. Section 33.005, Education Code, is amended to
read as follows:
Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING
PROGRAMS. A school academic counselor shall work with the school
faculty and staff, students, parents, and the community to plan,
implement, and evaluate a developmental guidance and counseling
program. The school academic counselor shall design the program to
include:
(1) a guidance curriculum to help students develop
their full educational potential, including the student's
interests and career objectives;
(2) a responsive services component to intervene on
behalf of any student whose immediate personal concerns or problems
put the student's continued educational, career, personal, or
social development at risk;
(3) an individual planning system to guide a student
as the student plans, monitors, and manages the student's own
educational, career, personal, and social development; and
(4) system support to support the efforts of teachers,
staff, parents, and other members of the community in promoting the
educational, career, personal, and social development of students.
SECTION 2.18. Section 33.006, Education Code, is amended to
read as follows:
Sec. 33.006. SCHOOL ACADEMIC COUNSELORS; GENERAL DUTIES.
(a) The primary responsibility of a school academic counselor is to
counsel students to fully develop each student's academic, career,
personal, and social abilities.
(b) In addition to a school academic counselor's
responsibility under Subsection (a), the school academic counselor
shall:
(1) participate in planning, implementing, and
evaluating a comprehensive developmental guidance program to serve
all students and to address the special needs of students:
(A) who are at risk of dropping out of school,
becoming substance abusers, participating in gang activity, or
committing suicide;
(B) who are in need of modified instructional
strategies; or
(C) who are gifted and talented, with emphasis on
identifying and serving gifted and talented students who are
educationally disadvantaged;
(2) consult with a student's parent or guardian and
make referrals as appropriate in consultation with the student's
parent or guardian;
(3) consult with school staff, parents, and other
community members to help them increase the effectiveness of
student education and promote student success;
(4) coordinate people and resources in the school,
home, and community;
(5) with the assistance of school staff, interpret
standardized test results and other assessment data that help a
student make educational and career plans;
(6) deliver classroom guidance activities or serve as
a consultant to teachers conducting lessons based on the school's
guidance curriculum; and
(7) except as provided by Subsection (c), serve as an
impartial, nonreporting resource for interpersonal conflicts and
discord involving two or more students, including accusations of
bullying under Section 37.0832.
(c) If a school district employs a school behavioral
counselor, a duty imposed on a school academic counselor relating
to a student's social development or abilities, including a duty
imposed under Subsection (b)(7), may be assigned to the school
behavioral counselor.
(d) Nothing in Subsection (b)(7) exempts a school academic
counselor or school behavioral counselor from any mandatory
reporting requirements imposed by other provisions of law.
SECTION 2.19. Section 33.007, Education Code, is amended to
read as follows:
Sec. 33.007. COUNSELING REGARDING POSTSECONDARY EDUCATION.
(a) Each school academic counselor at an elementary, middle, or
junior high school, including an open-enrollment charter school
offering those grades, shall advise students and their parents or
guardians regarding the importance of postsecondary education,
coursework designed to prepare students for postsecondary
education, and financial aid availability and requirements.
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during each year of a student's
enrollment in high school or at the high school level, a school
academic counselor shall provide information about postsecondary
education to the student and the student's parent or guardian. The
information must include information regarding:
(1) the importance of postsecondary education;
(2) the advantages of earning an endorsement and a
performance acknowledgment and completing the distinguished level
of achievement under the foundation high school program under
Section 28.025;
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803;
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56;
(9) the availability of programs in the district under
which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs;
and
(10) the availability of education and training
vouchers and tuition and fee waivers to attend an institution of
higher education as provided by Section 54.366 for a student who is
or was previously in the conservatorship of the Department of
Family and Protective Services.
(b-1) When providing information under Subsection (b)(10),
the school academic counselor must report to the student and the
student's parent or guardian the number of times the counselor has
provided the information to the student.
(c) At the beginning of grades 10 and 11, a school academic
counselor certified under the rules of the State Board for Educator
Certification shall explain the requirements of automatic
admission to a general academic teaching institution under Section
51.803 to each student enrolled in a high school or at the high
school level in an open-enrollment charter school who has a grade
point average in the top 25 percent of the student's high school
class.
SECTION 2.20. Sections 33.009(b), (c), (d), (h), and (i),
Education Code, are amended to read as follows:
(b) The center shall develop and make available
postsecondary education and career counseling academies for school
academic counselors and other postsecondary advisors employed by a
school district at a middle school, junior high school, or high
school.
(c) In developing academies under this section, the center
shall solicit input from the agency, school academic counselors,
the Texas Workforce Commission, institutions of higher education,
and business, community, and school leaders.
(d) An academy developed under this section must provide
school academic counselors and other postsecondary advisors with
knowledge and skills to provide counseling to students regarding
postsecondary success and productive career planning and must
include information relating to:
(1) each endorsement described by Section
28.025(c-1), including:
(A) the course requirements for each
endorsement; and
(B) the postsecondary educational and career
opportunities associated with each endorsement;
(2) available methods for a student to earn credit for
a course not offered at the school in which the student is enrolled,
including enrollment in an electronic course provided through the
state virtual school network under Chapter 30A;
(3) general academic performance requirements for
admission to an institution of higher education, including the
requirements for automatic admission to a general academic teaching
institution under Section 51.803;
(4) regional workforce needs, including information
about the required education and the average wage or salary for
careers that meet those workforce needs; and
(5) effective strategies for engaging students and
parents in planning for postsecondary education and potential
careers, including participation in mentorships and business
partnerships.
(h) From funds appropriated for that purpose, a school
academic counselor who attends the academy under this section is
entitled to receive a stipend in the amount determined by the
center. If funds are available after all eligible school academic
counselors have received a stipend under this subsection, the
center shall pay a stipend in the amount determined by the center to
a teacher who attends the academy under this section. A stipend
received under this subsection is not considered in determining
whether a district is paying the school academic counselor or
teacher the minimum monthly salary under Section 21.402.
(i) From available funds appropriated for purposes of this
section, the center may provide to school academic counselors and
other educators curricula, instructional materials, and
technological tools relating to postsecondary education and career
counseling.
SECTION 2.21. Section 38.0041(c), Education Code, is
amended to read as follows:
(c) The methods under Subsection (b)(1) for increasing
awareness of issues regarding sexual abuse, sex trafficking, and
other maltreatment of children must include training, as provided
by this subsection, concerning prevention techniques for and
recognition of sexual abuse, sex trafficking, and all other
maltreatment of children. The training:
(1) must be provided, as part of a new employee
orientation, to all new school district and open-enrollment charter
school employees and to existing district and open-enrollment
charter school employees on a schedule adopted by the agency by rule
until all district and open-enrollment charter school employees
have taken the training; and
(2) must include training concerning:
(A) factors indicating a child is at risk for
sexual abuse, sex trafficking, or other maltreatment;
(B) likely warning signs indicating a child may
be a victim of sexual abuse, sex trafficking, or other
maltreatment;
(C) internal procedures for seeking assistance
for a child who is at risk for sexual abuse, sex trafficking, or
other maltreatment, including referral to a school behavioral
counselor or school academic counselor, a social worker, or another
mental health professional;
(D) techniques for reducing a child's risk of
sexual abuse, sex trafficking, or other maltreatment; and
(E) community organizations that have relevant
existing research-based programs that are able to provide training
or other education for school district or open-enrollment charter
school staff members, students, and parents.
SECTION 2.22. Section 56.308(b), Education Code, is amended
to read as follows:
(b) Each school district shall:
(1) notify its middle school students, junior high
school students, and high school students, those students' teachers
and school academic counselors, and those students' parents of the
TEXAS grant and Teach for Texas grant programs, the eligibility
requirements of each program, the need for students to make
informed curriculum choices to be prepared for success beyond high
school, and sources of information on higher education admissions
and financial aid in a manner that assists the district in
implementing a strategy adopted by the district under Section
11.252(a)(4); and
(2) ensure that each student's official transcript or
diploma indicates whether the student has completed or is on
schedule to complete:
(A) the recommended or advanced high school
curriculum required for grant eligibility under Section 28.002 or
28.025; or
(B) for a school district covered by Section
56.304(f)(1), the required portion of the recommended or advanced
high school curriculum in the manner described by Section
56.304(f)(2).
SECTION 2.23. Chapter 784, Health and Safety Code, is
amended to read as follows:
CHAPTER 784. CRITICAL INCIDENT STRESS MANAGEMENT AND CRISIS
RESPONSE SERVICES; LOCAL EMERGENCY RESPONSE NETWORKS
Sec. 784.001. DEFINITIONS. In this chapter:
(1) "Behavioral health professional" means:
(A) a licensed professional counselor as defined
by Section 503.002, Occupations Code;
(B) a person who holds a clinical social worker
license or master social worker license issued under Chapter 505,
Occupations Code; or
(C) a psychologist who holds a license to engage
in the practice of psychology issued under Section 501.252,
Occupations Code.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Crisis response service" means consultation,
risk assessment, referral, and on-site crisis intervention
services provided by an emergency response team member to a person
affected by a crisis, disaster, or emergency, including a victim, a
family member of a victim, and an emergency service provider
affected by a crisis, [or] disaster, or emergency.
(4) [(2)] "Critical incident stress" means the acute
or cumulative psychological stress or trauma that an emergency
service provider may experience in providing emergency services in
response to a critical incident, including a crisis, disaster, or
emergency. The stress or trauma is an unusually strong emotional,
cognitive, or physical reaction that has the potential to interfere
with normal functioning, including:
(A) physical and emotional illness;
(B) failure of usual coping mechanisms;
(C) loss of interest in the job;
(D) personality changes; and
(E) loss of ability to function.
(5) [(3)] "Critical incident stress management
service" means a service providing a process of crisis intervention
designed to assist an emergency service provider in coping with
critical incident stress. The term includes consultation,
counseling, debriefing, defusing, intervention services, case
management services, prevention, and referral.
(6) [(4)] "Emergency response team member" means an
individual providing critical incident stress management services
or crisis response services, or both, who is designated by the
commission or a local mental health authority [an appropriate state
or local governmental unit] to provide those services as a member of
a local emergency response network [an organized team] or in
association with the commission or local mental health authority
[governmental unit].
(7) [(5)] "Emergency service provider" means an
individual who provides emergency response services, including a
law enforcement officer, firefighter, emergency medical services
provider, dispatcher, or rescue service provider.
(8) "Executive commissioner" means the executive
commissioner of the commission.
(9) "Local emergency response network" means an
association or team of behavioral health professionals and other
qualified persons that is organized by the commission or a local
mental health authority, or the commission in cooperation with a
local mental health authority, to provide critical incident stress
management services or crisis response services in response to a
critical incident, including a crisis, disaster, or emergency.
Sec. 784.002. COMMISSION STAFF. The executive commissioner
shall employ sufficient personnel in the appropriate division of
the commission to implement and administer this chapter.
Sec. 784.003. LOCAL EMERGENCY RESPONSE NETWORKS. (a) The
commission, in cooperation with local mental health authorities,
shall identify behavioral health professionals to serve as
volunteer emergency response team members of a local emergency
response network to:
(1) expand local emergency response networks that
provide critical incident stress management services and crisis
response services to emergency service providers; and
(2) establish local emergency response networks to
provide crisis response services to victims of a crisis, disaster,
or emergency and family members of those victims.
(b) In expanding or establishing local emergency response
networks under Subsection (a), commission staff may execute
interagency agreements or memoranda of understanding with
appropriate entities that employ behavioral health professionals,
including school districts, public junior colleges, public or
private institutions of higher education, and other state agencies.
Sec. 784.004. TRAINING. The commission shall ensure that
each emergency response team member of a local emergency response
network receives appropriate and current training regarding:
(1) the provision of critical incident stress
management services or crisis response services; and
(2) commission rules adopted to ensure consistency in
the statewide delivery of those services.
Sec. 784.005 [784.002]. CLOSED MEETINGS. (a) Except as
provided by Subsection (b) and notwithstanding Chapter 551,
Government Code, or any other law, a meeting in which critical
incident stress management services or crisis response services are
provided by an emergency response team member [to an emergency
service provider]:
(1) is closed to the general public; and
(2) may be closed to any individual who was not
directly involved in the critical incident or crisis.
(b) Subsection (a) does not apply if a person receiving the
services[:
[(1) the emergency service provider] or the legal
representative of that person [the provider] expressly agrees that
the meeting may be open to the general public or to certain
individuals[; or
[(2) the emergency service provider is deceased].
Sec. 784.006 [784.003]. CONFIDENTIALITY. (a) Except as
otherwise provided by this section:
(1) a communication made by a victim, a family member
of a victim, or an emergency service provider to an emergency
response team member while receiving [the provider receives]
critical incident stress management services or crisis response
services is confidential and may not be disclosed in a civil,
criminal, or administrative proceeding; and
(2) a record kept by a person who receives critical
incident stress management services or crisis response services
from an emergency response team member relating to the provision of
those services [critical incident stress management services or
crisis response services to an emergency service provider by the
team] is confidential and is not subject to subpoena, discovery, or
introduction into evidence in a civil, criminal, or administrative
proceeding.
(b) A court in a civil or criminal case or the
decision-making entity in an administrative proceeding may allow
disclosure of a communication or record described by Subsection (a)
if the court or entity finds that the benefit of allowing disclosure
of the communication or record is more important than protecting
the privacy of the individual.
(c) A communication or record described by Subsection (a) is
not confidential if:
(1) the emergency response team member reasonably
needs to make an appropriate referral of the person receiving
critical incident stress management services or crisis response
services [emergency service provider] to or consult about that
person [the provider] with another member of the team or an
appropriate professional associated with the team;
(2) the communication conveys information that the
person receiving critical incident stress management services or
crisis response services [emergency service provider] is or appears
to be an imminent threat to the provider or anyone else;
(3) the communication conveys information relating to
a past, present, or future criminal act that does not directly
relate to the critical incident or crisis;
(4) the person receiving critical incident stress
management services or crisis response services [emergency service
provider] or the legal representative of that person [the provider]
expressly agrees that the communication or record is not
confidential; or
(5) the person receiving critical incident stress
management services or crisis response services [emergency service
provider] is deceased.
(d) A communication or record described by Subsection (a) is
not confidential to the extent that it conveys information
concerning the services and care provided to or withheld by an [the]
emergency service provider to an individual injured in the critical
incident or during the crisis.
Sec. 784.007 [784.004]. LIMITATION ON LIABILITY. (a)
Except as provided by Subsection (b), an emergency response team or
an emergency response team member providing critical incident
stress management services or crisis response services is not
liable for damages, including personal injury, wrongful death,
property damage, or other loss related to the team's or member's
act, error, or omission in the performance of the services, unless
the act, error, or omission constitutes wanton, wilful, or
intentional misconduct.
(b) Subsection (a) limits liability for damages in any civil
action, other than an action under Chapter 74, Civil Practice and
Remedies Code.
Sec. 784.008. RULES. The executive commissioner shall
adopt rules necessary to administer this chapter.
SECTION 2.24. Section 772.0074(e), Government Code, is
amended to read as follows:
(e) Critical incident stress debriefing provided using
money distributed under the grant program is subject to the
confidentiality protections provided under Section 784.006
[784.003], Health and Safety Code.
SECTION 2.25. (a) A joint interim committee is created to
study, review, and report on statutes involving protective orders
that provide for a court to temporarily prohibit a person from
possessing a firearm, and to propose necessary statutory reforms as
provided by Subsection (g) of this section.
(b) The joint interim committee is composed of three
senators appointed by the lieutenant governor and three members of
the house of representatives appointed by the speaker of the house
of representatives.
(c) The lieutenant governor and speaker of the house of
representatives each shall designate a co-chair from among the
joint interim committee members.
(d) The joint interim committee shall convene at the joint
call of the co-chairs.
(e) The joint interim committee has all other powers and
duties provided to a special or select committee by the rules of the
senate and house of representatives, by Subchapter B, Chapter 301,
Government Code, and by policies of the senate and house committees
on administration.
(f) The joint interim committee shall study any relevant
information, including protective order laws of this and other
states that provide for a court to temporarily remove a person's
ability to possess a firearm if that person's possession of a
firearm poses a risk of harm to self or others.
(g) The joint interim committee shall propose statutory
reforms based on the study required under Subsection (f) of this
section as necessary to ensure that courts are able to quickly
identify a person whose possession of a firearm poses a risk of harm
to self or others and temporarily remove that person's ability to
possess a firearm, while maintaining the highest standards of due
process to prevent infringement on a person's right to lawfully own
a firearm.
(h) Not later than December 1, 2020, the joint interim
committee shall submit to the lieutenant governor, the speaker of
the house of representatives, and the governor a report containing
the committee's recommendations of specific statutory changes that
appear necessary from the committee's study made under Subsection
(g) of this section.
(i) Not later than the 60th day after the effective date of
this Act, the lieutenant governor and speaker of the house of
representatives shall appoint the members of the joint interim
committee in accordance with Subsection (b) of this section.
(j) The joint interim committee is abolished and this
section expires January 1, 2021.
ARTICLE 3. CRIMINAL HISTORY, MENTAL HEALTH RECORDS, AND ACCESS TO
FIREARMS
SECTION 3.01. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.0305 to read as follows:
Sec. 72.0305. STATEWIDE CASE MANAGEMENT SYSTEM. (a) The
office shall implement a statewide case management system:
(1) to provide to counties, the Department of Public
Safety, and other state agencies, as determined by the office,
immediate access to judicial case information; and
(2) for timely reporting of criminal history and
mental health records and domestic violence protective orders for
background checks.
(b) The statewide case management system must:
(1) include each document or pleading filed for a
felony criminal matter, mental health adjudication, or domestic
violence protective order in a state court unless electronic filing
for the document or pleading is prohibited under any other law;
(2) allow state court judges access to the system for
criminal offense sentencing determinations or to perform other
duties assigned by law;
(3) allow counties, the Department of Public Safety,
and other state agencies, as determined by the office, access to
information in the system necessary to perform duties assigned by
law;
(4) automatically deliver arrest and conviction
information, mental health adjudication records, and domestic
violence protective order information to counties, the Department
of Public Safety, and other state agencies, as determined by the
office, as necessary to perform duties assigned by law;
(5) maximize the automation and transmission of
criminal history and mental health records to the National Instant
Criminal Background Check System operated by the Federal Bureau of
Investigation and any other state or national criminal and mental
health record repositories determined by the office to be
appropriate;
(6) to the extent feasible, integrate with the
electronic filing system established under Section 72.031;
(7) provide a method for archiving expired domestic
violence protection orders;
(8) provide privacy protections for sealed records and
other records protected by law;
(9) limit system access to persons who have undergone
training in the proper use of information provided by the system;
(10) capture case statistics and other necessary
judicial information as determined by the office, including
information on the use of reentry and diversion programs, bail
amounts and conditions, and recidivism; and
(11) share the statistics and information captured
under Subdivision (10) with appropriate state agencies as
determined by the office.
(c) The office may contract with a person to establish and
maintain the statewide case management system. The office shall
initially focus on establishing the system in counties with a
population of less than 20,000 and expand the system to larger
counties as time and money allow.
(d) The office shall seek to obtain all available federal
money to implement the statewide case management system.
(e) Information in the statewide case management system is
exempt from disclosure under Chapter 552.
(f) The Department of Public Safety shall assist the office
in implementing the statewide case management system and ensuring
the system interacts with existing state and national criminal and
mental health record repositories. The office and department may
enter into a memorandum of understanding stating the duties of each
agency in implementing the system.
(g) Not later than December 1 of each even-numbered year,
the office shall submit to the legislature and Legislative Budget
Board a report on the statewide case management system, including a
financial report detailing any additional state money needed.
SECTION 3.02. Sections 411.052(a), (b), and (e), Government
Code, are amended to read as follows:
(a) In this section:
(1) "Family violence misdemeanor" means a misdemeanor
crime of domestic violence under 18 U.S.C. Section 921.
(2) "Federal[, "federal] prohibited person
information" means information that identifies an individual as:
(A) [(1)] a person ordered by a court to receive
inpatient mental health services under Chapter 574, Health and
Safety Code;
(B) [(2)] a person acquitted in a criminal case
by reason of insanity or lack of mental responsibility, regardless
of whether the person is ordered by a court to receive inpatient
treatment or residential care under Chapter 46C, Code of Criminal
Procedure;
(C) [(3)] a person determined to have an
intellectual disability [mental retardation] and committed by a
court for long-term placement in a residential care facility under
Chapter 593, Health and Safety Code;
(D) [(4)] an incapacitated adult individual for
whom a court has appointed a guardian of the individual under Title
3, Estates Code, based on the determination that the person lacks
the mental capacity to manage the person's affairs; [or]
(E) [(5)] a person determined to be incompetent
to stand trial under Chapter 46B, Code of Criminal Procedure;
(F) a person convicted of or placed on deferred
adjudication community supervision for a felony;
(G) a person convicted of or placed on deferred
adjudication community supervision for a family violence
misdemeanor;
(H) a person subject to a protective order under
Chapter 85, Family Code; or
(I) a person subject to a magistrate's order for
emergency protection under Article 17.292, Code of Criminal
Procedure, based on an arrest for an offense involving family
violence.
(b) The department by rule shall establish a procedure to
promptly provide federal prohibited person information to the
Federal Bureau of Investigation for use with the National Instant
Criminal Background Check System. Except as otherwise provided by
state law, the department may disseminate federal prohibited person
information under this subsection only to the extent necessary to
allow the Federal Bureau of Investigation to collect and maintain a
list of persons who are prohibited under federal law from engaging
in certain activities with respect to a firearm.
(e) The department by rule shall establish a procedure to
correct department records and transmit those corrected records to
the Federal Bureau of Investigation when a person provides:
(1) a copy of a judicial order or finding that a person
is no longer an incapacitated adult or is entitled to relief from
disabilities under Section 574.088, Health and Safety Code; [or]
(2) proof that the person has obtained notice of
relief from disabilities under 18 U.S.C. Section 925;
(3) proof that the person is no longer ineligible to
possess a firearm based on the commission of a felony or a family
violence misdemeanor; or
(4) proof that the person is no longer subject to a
protective order under Chapter 85, Family Code, or a magistrate's
order for emergency protection under Article 17.292, Code of
Criminal Procedure.
SECTION 3.03. Section 411.0521, Government Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection
(a-1) to read as follows:
(a) The clerk of the court shall prepare and forward to the
department the information described by Subsection (b) not later
than 48 hours [the 30th day] after the time [date] the court:
(1) orders a person to receive inpatient mental health
services under Chapter 574, Health and Safety Code;
(2) acquits a person in a criminal case by reason of
insanity or lack of mental responsibility, regardless of whether
the person is ordered to receive inpatient treatment or residential
care under Chapter 46C, Code of Criminal Procedure;
(3) commits a person determined to have an
intellectual disability [mental retardation] for long-term
placement in a residential care facility under Chapter 593, Health
and Safety Code;
(4) appoints a guardian of the incapacitated adult
individual under Title 3, Estates Code, based on the determination
that the person lacks the mental capacity to manage the person's
affairs;
(5) determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure; [or]
(6) finds a person is entitled to relief from
disabilities under Section 574.088, Health and Safety Code;
(7) issues a protective order under Chapter 85, Family
Code; or
(8) issues a magistrate's order for emergency
protection under Article 17.292, Code of Criminal Procedure, based
on an arrest for an offense involving family violence.
(a-1) The clerk of the court shall prepare and forward to
the department the information described by Subsection (b) not
later than the 15th day after the date the court:
(1) enters a judgment of conviction or an order of
deferred adjudication community supervision with respect to a
felony; or
(2) enters a judgment of conviction or an order of
deferred adjudication community supervision with respect to a
family violence misdemeanor as defined by Section 411.052.
(b) The clerk of the court shall prepare and forward the
following information under Subsection (a) or (a-1):
(1) the complete name, race, and sex of the person;
(2) any known identifying number of the person,
including social security number, driver's license number, or state
identification number;
(3) the person's date of birth; and
(4) the federal prohibited person information that is
the basis of the report required by this section.
(d) If an order previously reported to the department under
Subsection (a) or (a-1) is reversed by order of any court, the clerk
shall notify the department of the reversal not later than 30 days
after the clerk receives the mandate from the appellate court.
SECTION 3.04. Section 46.13(a), Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (2-a) to read as
follows:
(1) "Child" means a person younger than 18 [17] years
of age.
(2-a) "School" means a private or public primary or
secondary school.
SECTION 3.05. Sections 46.13(b), (c), (d), and (g), Penal
Code, are amended to read as follows:
(b) A person commits an offense if:
(1) [a child gains access to a readily dischargeable
firearm and] the person, with criminal negligence:
(A) fails [(1) failed] to secure a readily
dischargeable [the] firearm; or
(B) leaves a readily dischargeable [(2) left
the] firearm in a place to which the person knew or should have
known a [the] child would gain access; and
(2) a child gains access to the firearm and:
(A) brings the firearm:
(i) in or on any real property owned by or
rented or leased to a school, school board, or other governing body
of a school; or
(ii) on a school bus; or
(B) discharges the firearm causing death or
serious bodily injury to the child or another person.
(c) It is an affirmative defense to prosecution under this
section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of
age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people
or real or personal property;
(3) was gained by entering real or personal property,
including a vehicle, in violation of this code; or
(4) occurred during a time when the actor was engaged
in an agricultural enterprise.
(d) An [Except as provided by Subsection (e), an] offense
under this section is a Class A [C] misdemeanor except that an
offense described by Subsection (b)(2)(B) is a felony of the third
degree.
(g) A dealer of firearms shall post in a conspicuous
position on the premises where the dealer conducts business a sign
that contains the following warning in block letters not less than
one inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED
FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN
ACCESS TO THE FIREARM. VIOLATION MAY RESULT IN CRIMINAL AND CIVIL
LIABILITY."
SECTION 3.06. Chapter 46, Penal Code, is amended by adding
Section 46.16 to read as follows:
Sec. 46.16. FAILURE TO REPORT STOLEN FIREARM. (a) A person
commits an offense if the person:
(1) owns a firearm that is subsequently stolen from
the person; and
(2) fails to report the theft to a peace officer or law
enforcement agency on or before the 10th day after the date the
person became aware the firearm was stolen.
(b) An offense under this section is a Class C misdemeanor.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 3.07. Section 46.13(e), Penal Code, is repealed.
SECTION 3.08. As soon as practicable after the effective
date of this Act, the Office of Court Administration of the Texas
Judicial System shall:
(1) develop a plan for implementing the statewide case
management system required by Section 72.0305, Government Code, as
added by this article;
(2) estimate the cost of implementing and operating
the system; and
(3) apply for all federal money available for
implementing and operating the system, including money available
under the Fix NICS Act of 2018 (Pub. L. No. 115-141).
SECTION 3.09. The changes in law made by this article to
Sections 411.052 and 411.0521, Government Code, apply only to a
judgment or order entered or issued on or after the effective date
of this Act. A judgment or order entered or issued before the
effective date of this Act is governed by the law in effect on the
date the judgment or order was entered or issued, and the former law
is continued in effect for that purpose.
SECTION 3.10. Section 46.16(a), Penal Code, as added by
this article, applies only to a firearm that is stolen on or after
the effective date of this Act. A firearm that was stolen before
the effective date of this Act is governed by the law in effect on
the date the firearm was stolen, and the former law is continued in
effect for that purpose.
SECTION 3.11. The changes in law made by this article to
Section 46.13, Penal Code, apply only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
ARTICLE 4. CONFLICT OF LAW; EFFECTIVE DATE
SECTION 4.01. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4.02. This Act takes effect September 1, 2019.