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S.B. No. 11
AN ACT
relating to security in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.108 to read as follows:
Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN;
SECURITY AUDIT. (a) Each school district shall adopt and
implement a multihazard emergency operations plan for use in
district schools. The plan must address mitigation, preparedness,
response, and recovery as defined by the commissioner in
conjunction with the governor's office of homeland security. The
plan must provide for:
(1) district employee training in responding to an
emergency;
(2) mandatory school drills to prepare district
students and employees for responding to an emergency;
(3) measures to ensure coordination with local
emergency management agencies, law enforcement, and fire
departments in the event of an emergency; and
(4) the implementation of a security audit as required
by Subsection (b).
(b) At least once every three years, a school district shall
conduct a security audit of the district's facilities. To the
extent possible, a district shall follow security audit procedures
developed by the Texas School Safety Center or a comparable public
or private entity.
(c) A school district shall report the results of the
security audit conducted under Subsection (b) to the district's
board of trustees.
SECTION 2. Subsection (a), Section 37.203, Education Code,
is amended to read as follows:
(a) The center is advised [governed] by a board of directors
composed of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
(4) the executive director of the Texas Youth
Commission, or the executive director's designee;
(5) the commissioner of the Texas Department of Mental
Health and Mental Retardation, or the commissioner's designee; and
(6) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
SECTION 3. Section 37.205, Education Code, is amended to
read as follows:
Sec. 37.205. SAFETY TRAINING PROGRAMS. The center shall
conduct for school districts a safety training program that
includes:
(1) development of a positive school environment and
proactive safety measures designed to address local concerns;
(2) school safety courses for law enforcement
officials, with a focus on school district police officers and
school resource officers;
(3) discussion of school safety issues with parents
and community members; and
(4) assistance in developing a multihazard emergency
operations plan for adoption under Section 37.108 [specialized
training for the staff of alternative education programs and
juvenile justice alternative education programs].
SECTION 4. Subchapter G, Chapter 37, Education Code, is
amended by adding Section 37.2051 to read as follows:
Sec. 37.2051. SECURITY CRITERIA FOR INSTRUCTIONAL
FACILITIES. The center shall develop security criteria that school
districts may consider in the design of instructional facilities.
SECTION 5. Section 37.208, Education Code, is amended to
read as follows:
Sec. 37.208. ON-SITE ASSISTANCE. On request of a school
district, the center may [shall] provide on-site technical
assistance to the district for:
(1) school safety and security audits; and
(2) school safety and security information and
presentations.
SECTION 6. Subsection (b), Section 37.215, Education Code,
is amended to read as follows:
(b) The center [board] shall biannually prepare a budget
request [for the center] for submission to the legislature.
SECTION 7. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.0081 to read as follows:
Sec. 46.0081. SECURITY CRITERIA IN DESIGN OF INSTRUCTIONAL
FACILITIES. A school district that constructs a new instructional
facility or conducts a major renovation of an existing
instructional facility using funds allotted to the district under
this subchapter shall consider, in the design of the instructional
facility, security criteria developed by the Texas School Safety
Center under Section 37.2051.
SECTION 8. Sections 37.206 and 37.213, Education Code, are
repealed.
SECTION 9. (a) Not later than December 1, 2005, the Texas
School Safety Center shall:
(1) develop a school safety program that includes
assistance to school districts in developing a multihazard
emergency operations plan as required by Section 37.205, Education
Code, as amended by this Act; and
(2) develop security criteria for the construction and
renovation of school district instructional facilities as required
by Section 37.2051, Education Code, as added by this Act.
(b) Not later than March 1, 2006, each school district shall
adopt a multihazard emergency operations plan as required by
Section 37.108, Education Code, as added by this Act.
SECTION 10. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 11 passed the Senate on
April 6, 2005, by the following vote: Yeas 29, Nays 0;
May 26, 2005, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 11 passed the House, with
amendments, on May 23, 2005, by a non-record vote; May 27, 2005,
House granted request of the Senate for appointment of Conference
Committee; May 29, 2005, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor