HB462 - Relating to the armed security officers required to be present at public schools and the permissible uses of the school safety allotment and the creation of a mental health allotment under the Foundation School Program.

      By: Guillen H.B. No. 462       A BILL TO BE ENTITLED   AN ACT   relating to the armed security officers required to be present at   public schools and the permissible uses of the school safety   allotment and the creation of a mental health allotment under the   Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.0814(b), Education Code, is amended   to read as follows:          (b)  A security officer described by Subsection (a) must be:                (1)  a school district peace officer;                (2)  a school resource officer; [ or ]                (3)  a commissioned peace officer employed as security   personnel under Section 37.081 ; or                 (4)     a canine unit, as defined by Section 108.001,   Business & Commerce Code .          SECTION 2.  Section 48.115, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-2) and   (a-3) to read as follows:          (a)  Except as provided by Subsection (a-1) and subject to   Subsection (a-2) , a school district is entitled to an annual   allotment equal to the sum of the following amounts or a greater   amount provided by appropriation:                (1)   $100 [ $10 ] for each student in average daily   attendance, plus $1 for each student in average daily attendance   per every $50 by which the district's maximum basic allotment under   Section 48.051 exceeds $6,160, prorated as necessary; and                (2)   $100,000 [ $15,000 ] per campus.           (a-2)     To be eligible to receive an allotment under this   section, a school district must ensure that:                 (1)     at least one security officer described by Section   37.0814(b) armed with a firearm is present at each district campus   during regular school hours; and                 (2)     at least one school marshal or security officer   described by Section 37.0814(b) who has received training   comparable to the training required for a school marshal under   Section 1701.260(c), Occupations Code, and is armed with a firearm   is appointed, assigned, or employed by the district for every 200   students enrolled at the district.           (a-3)     Requirements under subsection (a-2)(2) can also be   met via at least one remote-human-operated aerial device described   by Article 2.33(a)(1), Code of Criminal Procedure, deployed or   contracted by the district at each district campus providing less   lethal interdiction capability by means of air-based irritant   delivery or other mechanisms for every 200 students enrolled at the   district.          (b)  Funds allocated under this section must be used to   improve school safety and security, including costs associated   with:                (1)  securing school facilities in accordance with the   requirements of Section 37.351, including:                      (A)  improvements to school infrastructure;                      (B)  the use or installation of perimeter security   fencing conducive to a public school learning environment or   physical barriers, which may not include razor wire;                      (C)  exterior door and window safety and security   upgrades, including exterior door numbering and locking systems and   security film that provides resistance to a forced entry; and                      (D)  the purchase and maintenance of:                            (i)  security cameras and, if the district   has already installed security cameras, other security equipment,   including video surveillance as provided by Section 29.022; and                            (ii)  technology, including communications   systems or devices, such as silent panic alert devices, two-way   radios, or wireless Internet booster equipment, that facilitates   communication and information sharing between students, school   personnel, and first responders in an emergency;                (2)  providing security for the district, including:                      (A)  employing school district peace officers,   private security officers, and school marshals; and                      (B)  collaborating with local law enforcement   agencies, such as entering into a memorandum of understanding for   the assignment of school resource officers to schools in the   district;                (3)  school safety and security measures, including:                      (A)  active shooter and emergency response   training;                      (B)  prevention and treatment programs relating   to addressing adverse childhood experiences; and                      (C)  the prevention, identification, and   management of emergencies and threats, using evidence-based,   effective prevention practices and including the establishment of   [ :                             (i)     providing licensed counselors, social   workers, chaplains, and individuals trained in restorative   discipline and restorative justice practices;                             (ii)     providing mental health personnel and   support, including chaplains;                             (iii)     providing behavioral health   services, including services provided by chaplains;                             (iv) ] threat reporting systems;[ and                             (v)     developing and implementing programs   focused on restorative justice practices, culturally relevant   instruction, and providing mental health support, including   support provided by chaplains; ]                [ (4) providing programs related to suicide prevention,   intervention, and postvention, including programs provided by   chaplains; ] and                (4) [ (5) ]  employing a school safety director and other   personnel to manage and monitor school safety initiatives and the   implementation of school safety requirements for the district.          SECTION 3.  Subchapter C, Chapter 48, Education Code, is   amended by adding Section 48.117 to read as follows:           Sec.   48.117.     MENTAL HEALTH ALLOTMENT. (a) A school   district is entitled to an annual allotment of $100,000 or a greater   amount provided by appropriation to support mental health services   at the district.           (b)     In addition to the allotment under Subsection (a), a   school district that receives an allotment under Section 48.101 or   at which more than 50 percent of enrolled students are   educationally disadvantaged is entitled to an allotment for each   student enrolled in the district in an amount provided by   appropriation.           (c)  Funds allocated under this section:                 (1)     must be used to develop or enhance a comprehensive   school mental health system that, through the implementation of   programs, practices, and procedures in accordance with Section   38.351, provides a tiered array of supports and services in the   educational setting, including support provided by chaplains, that   contribute to:                       (A)  a positive school climate;                       (B)     the development of skills related to managing   emotions, establishing and maintaining positive relationships, and   responsible decision-making;                       (C)     the learning and well-being of students with   or at risk of mental health or substance use conditions;                       (D)  family and community engagement;                       (E)     reduced exclusionary discipline practices;   and                       (F)  staff wellness; and                 (2)  may be used to pay for costs associated with:                       (A)     the salary of school personnel, including   chaplains, responsible for planning, coordinating, delivering, or   monitoring supports and services described by Subdivision (1);                       (B)     training school personnel regarding   effective practices and district and campus procedures to support   student mental health;                       (C)     a contract-based collaborative effort or   partnership with one or more local community programs, agencies, or   providers, including programs provided by chaplains; and                       (D)     developing and implementing programs focused   on restorative justice practices, including programs provided by   chaplains.           (d)     Funds allocated for purposes of this section may not be   used to supplant any other funds that may be provided for the same   purpose.           (e)     Not later than June 1 of each year and in accordance with   commissioner rule, each school district shall submit to the   commissioner information regarding the outcomes and expenditures   related to funds allocated to the district under this section.           (f)     Not later than September 1 of each year, the   commissioner shall publish a report regarding the use of funds   allocated under this section during the preceding school year,   including information regarding the programs, personnel, and   resources implemented, employed, or purchased by school districts   using the funds and other purposes for which the funds were used.          SECTION 4.  This Act takes effect September 1, 2025.