HB5526 - Relating to a school security volunteer program for public schools in certain counties.

  89R29253 GP-F     By: Slawson, Ashby, Frank, Leo Wilson H.B. No. 5526     Substitute the following for H.B. No. 5526:     By:  Buckley C.S.H.B. No. 5526       A BILL TO BE ENTITLED   AN ACT   relating to a school security volunteer program for public schools   in certain counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0817 to read as follows:           Sec.   37.0817.     SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In   this section:                 (1)     "Honorably retired" has the meaning assigned by   Section 411.199(c), Government Code.                 (2)     "Qualified retired law enforcement officer" means   a person who:                       (A)     meets the qualifications provided by 18   U.S.C. Section 926C(c); and                       (B)  is honorably retired.                 (3)     "Veteran" has the meaning assigned by Section   521.1235, Transportation Code.           (b)     This section applies only to a school district or   open-enrollment charter school located in a county with a   population of less than one million.           (c)     The board of trustees of a school district to which this   section applies, or the governing body of an open-enrollment   charter school to which this section applies, may approve a program   under which the district or school provides written regulations or   written authorization for eligible persons to serve as school   security volunteers by:                 (1)     providing security services for the district or   school on school grounds, including any location in which an   activity sponsored by the district or school is being conducted,   and in school vehicles; and                 (2)     carrying a handgun in providing the security   services under Subdivision (1).           (d)     A person is eligible to serve as a school security   volunteer for a program approved under this section only if:                 (1)  the person is not:                       (A)  an employee of the district or school;                       (B)     a contractor providing services under a   contract with the district or school; or                       (C)     a person who otherwise receives compensation   or remuneration from the district or school;                 (2)  the person is:                       (A)     a qualified retired law enforcement officer;   or                       (B)  a veteran; and                 (3)     the board of trustees or governing body determines   the person is eligible based on the results of a criminal background   check conducted on the person using criminal history record   information obtained by the district or school in accordance with   Section 22.0835.           (e)     A school district or open-enrollment charter school   that approves a program under this section must:                 (1)     include the program in the district's or school's   multihazard emergency operations plan required under Section   37.108;                 (2)  provide to each school security volunteer:                       (A)     a course of instruction on the safety and   security policies of the district or school, including instruction   regarding the district's or school's multihazard emergency   operations plan adopted under Section 37.108; and                       (B)     a uniform that clearly identifies the person   as a school security volunteer; and                 (3)     require each school security volunteer to wear the   uniform provided by the district or school when providing security   services for the district or school.           (f)     A person serving as a school security volunteer for a   program approved under this section:                 (1)  is not a commissioned peace officer;                 (2)     is not a school resource officer, as defined by   Section 1701.601, Occupations Code; and                 (3)     may not engage in law enforcement activities or   otherwise exercise the powers or perform the duties of a peace   officer or school resource officer under this chapter or any other   law.           (g)     A school security volunteer is immune from civil   liability to the same extent as a professional employee of a school   district under Section 22.0511. This subsection does not limit the   liability of a person for intentional misconduct or gross   negligence.          SECTION 2.  Subchapter N, Chapter 1702, Occupations Code, is   amended by adding Section 1702.334 to read as follows:           Sec.   1702.334.     SCHOOL SECURITY VOLUNTEERS. This chapter   does not apply to a person who serves as a school security volunteer   for a school district or open-enrollment charter school under a   program adopted under Section 37.0817, Education Code.          SECTION 3.  The change in law made by this Act applies   beginning with the 2025-2026 school year.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.