S.B. No. 168
  relating to emergency school drills and exercises conducted by
  public schools.
         SECTION 1.  Section 37.114, Education Code, is amended to
  read as follows:
  commissioner, in consultation with the Texas School Safety Center
  and the state fire marshal, shall adopt rules:
               (1)  providing best practices [procedures] for
  conducting [evacuating and securing school property during an]
  emergency school drills and exercises, including definitions for
  relevant terms; and
               (2)  designating the number of mandatory school drills
  to be conducted each semester of the school year, not to exceed
  eight drills, including designating the number of:
                     (A)  evacuation fire exit drills; and
                     (B)  lockdown, lockout, shelter-in-place, and
  evacuation drills.
         SECTION 2.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.1141 to read as follows:
         Sec. 37.1141.  ACTIVE THREAT EXERCISES. (a)  Before a school
  district may conduct an active threat exercise, including an active
  shooter simulation, the district shall ensure that:
               (1)  adequate notice of the exercise is provided to
  students expected to participate in the exercise, the parents of
  those students, and staff likely to be part of the exercise,
  including information regarding:
                     (A)  the date on which the exercise will occur;
                     (B)  the content, form, and tone of the exercise;
                     (C)  whether the exercise will include a live
  simulation that mimics or appears to be an actual shooting
               (2)  the exercise is announced to students and faculty
  before the start of the exercise, including, if applicable, an
  announcement that the exercise will include a live simulation that
  mimics or appears to be an actual threat, such as a shooting
               (3)  first responder organizations that would likely
  respond in the event of a false report or alarm are notified
  regarding the exercise;
               (4)  a safe zone is created around the area in which the
  exercise will be conducted to keep out actual firearms, ammunition,
  and other weapons, other than firearms, ammunition, or other
  weapons carried by a peace officer, school resource officer, or
  school marshal or any other person authorized by the district to
  carry those items on school grounds;
               (5)  the content of the exercise:
                     (A)  is age appropriate and developmentally
                     (B)  has been developed by a team of school
  administrators, teachers, school-based mental health
  professionals, and law enforcement officers, with input from
  parents and students; and
                     (C)  is designed to support the well-being of
  students who participate in the exercise before, during, and after
  the exercise is conducted; and
               (6)  data regarding the efficacy and impact of the
  exercise will be tracked, including any feedback regarding the
  exercise from students, staff, or family members of students or
         (b)  Subsection (a)(4) may not be construed to prohibit a
  parent, legal guardian, or other person acting on a parent's or
  legal guardian's behalf from transporting or storing in the
  person's motor vehicle a firearm, ammunition, or other weapon that
  the person is legally authorized to possess while the person is
  picking up a child from school.
         (c)  A school district shall submit data collected under
  Subsection (a)(6) to the Texas School Safety Center.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 3.  Section 12.104(b), Education Code, as amended by
  Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
  (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
  reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
               (2)  the provisions in Chapter 554, Government Code;
               (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
                     (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;
                     (I)  extracurricular activities under Section
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  public school accountability under
  Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
                     (M)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (N)  intensive programs of instruction under
  Section 28.0213;
                     (O)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (P)  bullying prevention policies and procedures
  under Section 37.0832;
                     (Q)  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;
                     (R)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
                     (S)  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);
                     (T)  establishment of residency under Section
                     (U) [(T)]  school safety requirements under
  Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114,
  37.1141, 37.115, 37.207, and 37.2071;
                     (V) [(T)]  the early childhood literacy and
  mathematics proficiency plans under Section 11.185; and
                     (W) [(U)]  the college, career, and military
  readiness plans under Section 11.186.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
         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, 2021.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 168 passed the Senate on        
  May 6, 2021, by the following vote:  Yeas 27, Nays 3.
  Secretary of the Senate    
         I hereby certify that S.B. No. 168 passed the House on        
  May 26, 2021, by the following vote:  Yeas 114, Nays 33, two
  present not voting.
  Chief Clerk of the House