S.B. No. 460
 
 
 
 
AN ACT
  relating to training for public school teachers in the detection
  and education of students at risk for suicide or with other mental
  or emotional disorders and the inclusion of mental health concerns
  in coordinated school health efforts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (e), Section 74.151, Civil Practice
  and Remedies Code, is amended to read as follows:
         (e)  Except as provided by this subsection, this [This]
  section does not apply to a person whose negligent act or omission
  was a producing cause of the emergency for which care is being
  administered. This subsection does not apply to liability of a
  school district or district school officer or employee arising from
  an act or omission under a program or policy or procedure adopted
  under Subchapter O-1, Chapter 161, Health and Safety Code, other
  than liability arising from wilful or intentional misconduct.
         SECTION 2.  Section 21.044, Education Code, is amended by
  adding Subsections (c-1) and (c-2) to read as follows:
         (c-1)  Any minimum academic qualifications for a certificate
  specified under Subsection (a) that require a person to possess a
  bachelor's degree must also require that the person receive, as
  part of the training required to obtain that certificate,
  instruction in detection of students with mental or emotional
  disorders.
         (c-2)  The instruction under Subsection (c-1) must:
               (1)  be developed by a panel of experts in the diagnosis
  and treatment of mental or emotional disorders who are appointed by
  the board; and
               (2)  include information on:
                     (A)  characteristics of the most prevalent mental
  or emotional disorders among children;
                     (B)  identification of mental or emotional
  disorders;
                     (C)  effective strategies for teaching and
  intervening with students with mental or emotional disorders,
  including de-escalation techniques and positive behavioral
  interventions and supports; and
                     (D)  providing, in compliance with Section
  38.010, notice and referral to a parent or guardian of a student
  with a mental or emotional disorder so that the parent or guardian
  may take appropriate action such as seeking mental health services.
         SECTION 3.  Subsection (c), Section 28.004, Education Code,
  is amended to read as follows:
         (c)  The local school health advisory council's duties
  include recommending:
               (1)  the number of hours of instruction to be provided
  in health education;
               (2)  policies, procedures, strategies, and curriculum
  appropriate for specific grade levels designed to prevent obesity,
  cardiovascular disease, [and] Type 2 diabetes, and mental health
  concerns through coordination of:
                     (A)  health education;
                     (B)  physical education and physical activity;
                     (C)  nutrition services;
                     (D)  parental involvement; [and]
                     (E)  instruction to prevent the use of tobacco;
                     (F)  school health services;
                     (G)  counseling and guidance services;
                     (H)  a safe and healthy school environment; and
                     (I)  school employee wellness;
               (3)  appropriate grade levels and methods of
  instruction for human sexuality instruction; and
               (4)  strategies for integrating the curriculum
  components specified by Subdivision (2) with the following elements
  in a coordinated school health program for the district:
                     (A)  school health services;
                     (B)  counseling and guidance services;
                     (C)  a safe and healthy school environment; and
                     (D)  school employee wellness.
         SECTION 4.  Section 161.325, Health and Safety Code, is
  amended by adding Subsections (c-1) and (c-2) to read as follows:
         (c-1)  Except as otherwise provided by this subsection, each
  school district shall provide training described in the components
  set forth under Subsection (b) for teachers, counselors,
  principals, and all other appropriate personnel. A school district
  is required to provide the training at an elementary school campus
  only to the extent that sufficient funding and programs are
  available. A school district may implement a program on the list to
  satisfy the requirements of this subsection.
         (c-2)  If a school district provides the training under
  Subsection (c-1):
               (1)  a school district employee described under that
  subsection must participate in the training at least one time; and
               (2)  the school district shall maintain records that
  include the name of each district employee who participated in the
  training.
         SECTION 5.  Subchapter O-1, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.326 to read as follows:
         Sec. 161.326.  IMMUNITY. This subchapter does not:
               (1)  waive any immunity from liability of a school
  district or of district school officers or employees;
               (2)  create any liability for a cause of action against
  a school district or against district school officers or employees;
  or
               (3)  waive any immunity from liability under Section
  74.151, Civil Practice and Remedies Code.
         SECTION 6.  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, 2013.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 460 passed the Senate on
  May 2, 2013, by the following vote:  Yeas 31, Nays 0;
  May 23, 2013, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 25, 2013, House
  granted request of the Senate; May 26, 2013, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 460 passed the House, with
  amendments, on May 22, 2013, by the following vote:  Yeas 112,
  Nays 35, one present not voting; May 25, 2013, House granted
  request of the Senate for appointment of Conference Committee;
  May 26, 2013, House adopted Conference Committee Report by the
  following vote:  Yeas 97, Nays 35, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor