HB33 - Relating to active shooter incidents at primary and secondary school facilities and other emergencies.

      H.B. No. 33         AN ACT   relating to active shooter incidents at primary and secondary   school facilities and other emergencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Uvalde Strong Act.          SECTION 2.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,   37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207,   and 37.2071 and Subchapter J, Chapter 37;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; and                      (Y)  parental options to retain a student under   Section 28.02124.          SECTION 3.  Sections 37.108(a) and (b), Education Code, are   amended to read as follows:          (a)  Each school district or public junior college district   shall adopt and implement a multihazard emergency operations plan   for use in the district's facilities. The plan must address   prevention, mitigation, preparedness, response, and recovery ,   including the prompt recovery of services provided by the school   district or public junior college district, as defined by the Texas   School Safety Center in conjunction with the governor's office of   homeland security, the commissioner of education, and the   commissioner of higher education. The plan must provide for:                (1)  training in responding to an emergency for   district employees, including substitute teachers;                (2)  measures to ensure district employees, including   substitute teachers, have classroom access to a telephone,   including a cellular telephone, or another electronic   communication device allowing for immediate contact with district   emergency services or emergency services agencies, law enforcement   agencies, health departments, and fire departments;                (3)  measures to ensure district communications   technology and infrastructure are adequate to allow for   communication during an emergency , including measures to ensure the   use of standardized response protocol terminology, developed in   coordination with the Texas School Safety Center, to facilitate   communication between law enforcement, emergency services,   district employees, and the public ;                (4)  if the plan applies to a school district,   mandatory school drills and exercises, including drills required   under Section 37.114, to prepare district students and employees   for responding to an emergency;                (5)  measures to ensure coordination with the   Department of State Health Services and local emergency management   agencies, law enforcement, health departments, and fire   departments in the event of an emergency;                (6)  the implementation of a safety and security audit   as required by Subsection (b); and                (7)  any other requirements established by the Texas   School Safety Center in consultation with the agency and relevant   local law enforcement agencies.          (b)  At least once every three years, each school district or   public junior college district shall conduct a safety and security   audit of the district's facilities that includes a security review   as described by Section 37.1087 for each district facility .  A   district, or a person included in the registry established by the   Texas School Safety Center under Section 37.2091 who is engaged by   the district to conduct a safety and security audit, shall follow   safety and security audit procedures developed by the Texas School   Safety Center in coordination with the commissioner of education or   commissioner of higher education, as applicable.          SECTION 4.  Section 37.1083(a), Education Code, is amended   to read as follows:          (a)  The agency shall monitor the implementation and   operation of requirements related to school district safety and   security, including school district:                (1)  multihazard emergency operations plans; [ and ]                (2)  safety and security audits ; and                 (3)  security reviews .          SECTION 5.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1087 to read as follows:           Sec.   37.1087.     SECURITY REVIEW. (a) If a school district   constructs, acquires, renovates, or improves a district facility,   the district shall, as soon as practicable, conduct a security   review of the facility to:                 (1)     determine whether the facility meets school safety   and security requirements as described by commissioner rule; and                 (2)     identify security vulnerabilities at the facility   in the event of an active shooter incident and describe strategies   to mitigate each vulnerability identified.           (b)     The commissioner, in consultation with the Department   of Public Safety, the Texas Division of Emergency Management, and   the Texas School Safety Center, shall ensure that the rules adopted   or amended under Section 7.061 include rules for the review   required under this section.          SECTION 6.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1171 to read as follows:           Sec.   37.1171.     AVAILABILITY OF BREACHING TOOL AND BALLISTIC   SHIELD. Each school district and open-enrollment charter school   must have at least one breaching tool and one ballistic shield   available for use at each campus in the event of an active shooter   incident.          SECTION 7.  Section 51.217(b), Education Code, is amended to   read as follows:          (b)  An institution shall adopt and implement a multihazard   emergency operations plan for use at the institution. The plan must   address mitigation, preparedness, response, and recovery ,   including the prompt recovery of services provided by the   institution . The plan must provide for:                (1)  employee training in responding to an emergency;                (2)  mandatory drills to prepare students, faculty, and   employees for responding to an emergency;                (3)  measures to ensure coordination with the   Department of State Health Services, local emergency management   agencies, law enforcement, health departments, and fire   departments in the event of an emergency; and       &#xA [Text truncated for display. Full text available on Congress.gov.]