88R21283 JES-F
	By: King of Hemphill, Burrows,	H.B. No. 13
	King of Uvalde, González of El Paso,
	Buckley, et al.
	Substitute the following for H.B.

	A BILL TO BE ENTITLED
	AN ACT
	relating to training, preparedness, and funding for school safety
	and emergencies in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter Z, Chapter 22, Education Code, is
	amended by adding Section 22.904 to read as follows:
	Sec. 22.904.  MENTAL HEALTH FIRST AID TRAINING. (a)  A
	school district shall require each district employee who regularly
	interacts with students enrolled at the district to complete an
	evidence-based mental health first aid training program designed to
	provide instruction to participants regarding the recognition and
	support of children and youth who experience a mental health or
	substance use issue that may pose a threat to school safety.
	(b)  The agency shall provide an allotment to each school
	district equal to the amount district employees spent on travel and
	training fees in accordance with commissioner rule to comply with
	this section. An allotment provided to a district under this
	section must be used to reimburse the employee for the cost of
	travel and training fees.
	(c)  The commissioner shall adopt rules to implement this
	section, including rules specifying the training fees and travel
	expenses subject to reimbursement under Subsection (b).
	SECTION 2.  Subchapter C, Chapter 37, Education Code, is
	amended by adding Section 37.08121 to read as follows:
	Sec. 37.08121.  SCHOOL GUARDIAN TRAINING AND STIPEND.  (a)
	In this section, "school guardian" means a school district or
	open-enrollment charter school employee who, pursuant to the
	written regulations or written authorization of the district or
	school under Section 46.03(a)(1)(A), Penal Code, is authorized to
	carry or possess a specified weapon for the purpose of providing
	safety and security on the physical premises of the employee's
	school, any grounds or building on which an activity sponsored by
	the school is being conducted, or a passenger transportation
	vehicle of the school.
	(b)  The written regulation or authorization of a school
	district or open-enrollment charter school that authorizes the
	presence of a school guardian must require the guardian to complete
	a school guardian training program approved by the agency under
	this section before being permitted to carry or possess a weapon on
	the physical premises of the school for the purposes of providing
	safety and security.
	(c)  The agency may only approve a school guardian training
	program if the program:
	(1)  requires completion of all training required for a
	school marshal, including the training program provided under
	Section 1701.260, Occupations Code; and
	(2)  includes instruction in mental health first aid
	and trauma-informed care.
	(d)  From funds appropriated or otherwise available for the
	purpose, a school district or open-enrollment charter school
	employee is entitled to a stipend in an amount determined by the
	commissioner of not more than $25,000 per school year that the
	employee serves as a school guardian after completing the training
	program required by this section.  A stipend received under this
	subsection is not considered a part of the employee's compensation,
	including for purposes of determining whether a school district is
	paying an employee the minimum monthly salary under Section 21.402.
	(e)  The commissioner shall adopt rules necessary to
	implement this section.
	SECTION 3.  Section 37.115(c), Education Code, is amended to
	read as follows:
	(c)  The board of trustees of each school district shall
	establish a threat assessment and safe and supportive school team
	to serve at each campus of the district and shall adopt policies and
	procedures for the teams.  The team is responsible for developing
	and implementing the safe and supportive school program under
	Subsection (b) at the district campus served by the team.  The
	policies and procedures adopted under this section must:
	(1)  be consistent with the model policies and
	procedures developed by the Texas School Safety Center;
	(2)  require each team to complete training provided by
	the Texas School Safety Center or a regional education service
	center regarding evidence-based threat assessment programs; [and]
	(3)  require each team established under this section
	to report the information required under Subsection (k) regarding
	the team's activities to the agency; and
	(4)  require each district campus to establish a clear
	procedure for a student to report concerning behavior exhibited by
	another student for assessment by the team or other appropriate
	school employee.
	SECTION 4.  Section 37.108(g), Education Code, is amended to
	read as follows:
	(g)  A school district shall include in its multihazard
	emergency operations plan an active shooter preparedness appendix.
	The active shooter preparedness appendix must include a
	certification by the district that the district has provided to
	each law enforcement agency with jurisdiction in the district or
	geographic area served by the district:
	(1)  an accurate map of each district campus that is
	oriented to true north; and
	(2)  an opportunity to conduct a walk-through of each
	district facility.  [a policy for responding to an active shooter
	emergency.  The school district may use any available community
	resources in developing the policy described by this subsection.]
	SECTION 5.  Subchapter D, Chapter 37, Education Code, is
	amended by adding Section 37.116 to read as follows:
	Sec. 37.116.  SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.
	(a)  With funds appropriated or otherwise available for the
	purpose, the agency shall establish a grant program to assist
	school districts and open-enrollment charter schools with any cost
	identified by a district or school as necessary for enhancing the
	infrastructure of each district or school campus to meet agency
	safety standards.
	(b)  The commissioner shall adopt rules to implement this
	section.
	SECTION 6.  Section 48.115, Education Code, is amended by
	amending Subsections (a) and (b) and adding Subsections (c-1) and
	(c-2) to read as follows:
	(a)  A [From funds appropriated for that purpose, the
	commissioner shall provide to a] school district is entitled to an
	annual allotment of $100 [in the amount provided by appropriation]
	for each student in average daily attendance.
	(b)  Funds allocated under this section must be used to
	improve school safety and security [, including costs associated
	with:
	[(1)  securing school facilities, including:
	[(A)  improvements to school infrastructure;
	[(B)  the use or installation of physical
	barriers; and
	[(C)  the purchase and maintenance of:
	[(i)  security cameras or other security
	equipment; and
	[(ii)  technology, including communications
	systems or devices, 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 training and planning,
	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:
	[(i)  providing licensed counselors, social
	workers, and individuals trained in restorative discipline and
	restorative justice practices;
	[(ii)  providing mental health personnel and
	support;
	[(iii)  providing behavioral health
	services;
	[(iv)  establishing threat reporting
	systems; and
	[(v)  developing and implementing programs
	focused on restorative justice practices, culturally relevant
	instruction, and providing mental health support; and
	[(4)  providing programs related to suicide
	prevention, intervention, and postvention].
	(c-1)  The agency, or if designated by the agency, the Texas
	School Safety Center, shall establish and publish a directory of
	approved vendors of school safety technology and equipment a school
	district may select from when using funds allocated under this
	section.  If a school district uses funds allocated under this
	section to purchase technology or equipment from a vendor that is
	not included in the directory, the district must solicit bids from
	at least three vendors before completing the purchase.
	(c-2)  Subsection (c-1) does not apply to:
	(1)  a vendor of behavioral health services or
	programming; or
	(2)  a vendor used by a third party engaged by a school
	district to improve school safety or security.
	SECTION 7.  Section 48.257, Education Code, is amended by
	amending Subsection (a) and adding Subsection (h) to read as
	follows:
	(a)  Subject to Subsections [Subsection] (b) and (h), if a
	school district's tier one local share under Section 48.256 exceeds
	the district's entitlement under Section 48.266(a)(1) less the
	district's distribution from the state available school fund, the
	district must reduce the district's tier one revenue level in
	accordance with Chapter 49 to a level not to exceed the district's
	entitlement under Section 48.266(a)(1) less the district's
	distribution from the state available school fund.
	(h)  This subsection applies only to a school district to
	which Subsection (a) applies.  A school district is not required to
	reduce the district's tier one revenue level under Subsection (a)
	by an amount necessary for the district to employ an off-duty peace
	officer as school security personnel.
	SECTION 8.  Subtitle I, Title 2, Education Code, is amended
	by adding Chapter 47A to read as follows:
	CHAPTER 47A.  STATE SCHOOL SAFETY FUND AND GRANTS
	Sec. 47A.001.  DEFINITIONS. In this chapter:
	(1)  "Corporation" means the Texas Permanent School
	Fund Corporation established under Chapter 43.
	(2)  "Fund" means the state school safety fund
	established under Section 7, Article VII, Texas Constitution.
	(3)  "Program" means the school safety grant program.
	Sec. 47A.002.  DEPOSITS TO FUND BY COMMISSIONER.
	Notwithstanding any other law, including Section 48.265, if the
	commissioner determines that the amount appropriated for a state
	fiscal year for purposes of administering the Foundation School
	Program exceeds the amount to which school districts and
	open-enrollment charter schools are entitled under Chapters 46, 48,
	and 49 for that year, the commissioner shall deposit a portion of
	that excess, up to 100 percent, to the credit of the fund.
	Sec. 47A.003.  USES OF FUND.  Money in the fund may only be
	used to provide grants to school districts and open-enrollment
	charter schools to enhance school safety under Section 47A.005.
	Sec. 47A.004.  ADMINISTRATION OF FUND. (a)  The corporation
	shall hold and invest the fund with the objective of maintaining
	sufficient liquidity to meet the needs of the fund while striving to
	maximize returns.  In managing the assets of the fund, through
	procedures and subject to restrictions the corporation considers
	appropriate, the corporation may acquire, exchange, sell,
	supervise, manage, or retain any type of investment that a person of
	ordinary prudence, discretion, and intelligence, exercising
	reasonable care, skill, and caution, would acquire, exchange, sell,
	supervise, manage, or retain in light of the fund's investment
	objective.
	(b)  The corporation may charge a fee not to exceed the
	amount necessary to cover the costs estimated to be incurred by the
	corporation in managing and investing the fund.  The fee may be
	assessed on the available balance of the fund each fiscal year.
	Sec. 47A.005.  SCHOOL SAFETY GRANTS. (a)  The commissioner
	shall establish a school safety grant program using proceeds of the
	fund to provide grants to school districts and open-enrollment
	charter schools.
	(b)  The commissioner may only award a grant to a school
	district or open-enrollment charter school to reimburse the
	district or school for expenditures required for the implementation
	of a school safety plan that has been approved by the agency.
	(c)  The commissioner may award grants each school year in an
	amount not to exceed $10 million to a school district or
	open-enrollment charter school.
	(d)  The commissioner may award grants each school year not
	to exceed a total amount of $250 million.
	(e)  If the amount of grant requests under the program
	exceeds $250 million in a school year, the commissioner shall
	proportionately reduce the amount of each grant in that school year
	in an amount necessary to limit the total amount of grants provided
	to $250 million.
	(f)  Notwithstanding Subsection (c) and subject to the
	limitation under Subsection (d), if excess funds are available for
	a school year, the commissioner may provide additional grants to
	school districts and open-enrollment charter schools that incurred
	eligible expenses of more than $10 million in that school year.
	Sec. 47A.006.  RULES. The commissioner, in consultation
	with the corporation, may adopt rules as necessary to implement
	this chapter.
	SECTION 9.  (a)  Except as provided by Subsections (b) and
	(c) of this section, this Act applies beginning with the 2023-2024
	school year.
	(b)  Notwithstanding Section 22.904, Education Code, as
	added by this Act, a school district must require the district's
	employees to complete the mental health first aid training required
	under that section as follows:
	(1)  at least 25 percent of the applicable district
	employees before the beginning of the 2025-2026 school year;
	(2)  at least 50 percent of the applicable district
	employees before the beginning of the 2026-2027 school year;
	(3)  at least 75 percent of the applicable district
	employees before the beginning of the 2027-2028 school year; and
	(4)  100 percent of the applicable district employees
	before the beginning of the 2028-2029 school year.
	(c)  Chapter 47A, Education Code, as added by this Act,
	applies beginning with the 2024-2025 school year.
	SECTION 10.  (a) Except as provided by Subsections (b) and
	(c) of this section, 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, 2023.
	(b)  Sections 48.115 and 48.257, Education Code, as amended
	by this Act, take effect September 1, 2023.
	(c)  Section 8 of this Act takes effect January 1, 2024, but
	only if the constitutional amendment proposed by the 88th
	Legislature, Regular Session, 2023, creating the state school
	safety fund to provide financial support for projects that enhance
	the safety of public schools in this state is approved by the
	voters.  If that constitutional amendment is not approved by the
	voters, Section 8 of this Act has no effect.