|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to active shooter incidents at primary and secondary |
|
school facilities and other emergencies, including certain |
|
accreditations of law enforcement agencies that respond to such |
|
emergencies. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. This Act may be cited as the Uvalde Strong Act. |
|
SECTION 2. Section 12.104(b), Education Code, is amended to |
|
read as follows: |
|
(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; |
|
(2) the provisions in Chapter 554, Government Code; |
|
and |
|
(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 |
|
28.0211; |
|
(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, except class size limits for prekindergarten |
|
classes imposed under Section 25.112, which do not apply; |
|
(I) extracurricular activities under Section |
|
33.081; |
|
(J) discipline management practices or behavior |
|
management techniques under Section 37.0021; |
|
(K) health and safety under Chapter 38; |
|
(L) the provisions of Subchapter A, Chapter 39; |
|
(M) public school accountability and special |
|
investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
|
39, and Chapter 39A; |
|
(N) the requirement under Section 21.006 to |
|
report an educator's misconduct; |
|
(O) intensive programs of instruction under |
|
Section 28.0213; |
|
(P) the right of a school employee to report a |
|
crime, as provided by Section 37.148; |
|
(Q) bullying prevention policies and procedures |
|
under Section 37.0832; |
|
(R) 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; |
|
(S) the right under Section 37.0151 to report to |
|
local law enforcement certain conduct constituting assault or |
|
harassment; |
|
(T) 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); |
|
(U) establishment of residency under Section |
|
25.001; |
|
(V) school safety requirements under Sections |
|
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
|
37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, |
|
and 37.2071 and Subchapter J, Chapter 37; |
|
(W) the early childhood literacy and mathematics |
|
proficiency plans under Section 11.185; |
|
(X) the college, career, and military readiness |
|
plans under Section 11.186; and |
|
(Y) parental options to retain a student under |
|
Section 28.02124. |
|
SECTION 3. Sections 37.108(a) and (b), Education Code, are |
|
amended to read as follows: |
|
(a) Each school district or public junior college district |
|
shall adopt and implement a multihazard emergency operations plan |
|
for use in the district's facilities. The plan must address |
|
prevention, mitigation, preparedness, response, and recovery, |
|
including the prompt recovery of services provided by the school |
|
district or public junior college district, as defined by the Texas |
|
School Safety Center in conjunction with the governor's office of |
|
homeland security, the commissioner of education, and the |
|
commissioner of higher education. The plan must provide for: |
|
(1) training in responding to an emergency for |
|
district employees, including substitute teachers; |
|
(2) measures to ensure district employees, including |
|
substitute teachers, have classroom access to a telephone, |
|
including a cellular telephone, or another electronic |
|
communication device allowing for immediate contact with district |
|
emergency services or emergency services agencies, law enforcement |
|
agencies, health departments, and fire departments; |
|
(3) measures to ensure district communications |
|
technology and infrastructure are adequate to allow for |
|
communication during an emergency, including measures to ensure the |
|
use of standardized response protocol terminology, developed in |
|
coordination with the Texas School Safety Center, to facilitate |
|
communication between law enforcement, emergency services, |
|
district employees, and the public; |
|
(4) if the plan applies to a school district, |
|
mandatory school drills and exercises, including drills required |
|
under Section 37.114, to prepare district students and employees |
|
for responding to an emergency; |
|
(5) measures to ensure coordination with the |
|
Department of State Health Services and local emergency management |
|
agencies, law enforcement, health departments, and fire |
|
departments in the event of an emergency; |
|
(6) the implementation of a safety and security audit |
|
as required by Subsection (b); and |
|
(7) any other requirements established by the Texas |
|
School Safety Center in consultation with the agency and relevant |
|
local law enforcement agencies. |
|
(b) At least once every three years, each school district or |
|
public junior college district shall conduct a safety and security |
|
audit of the district's facilities that includes a security review |
|
as described by Section 37.1087 for each district facility. A |
|
district, or a person included in the registry established by the |
|
Texas School Safety Center under Section 37.2091 who is engaged by |
|
the district to conduct a safety and security audit, shall follow |
|
safety and security audit procedures developed by the Texas School |
|
Safety Center in coordination with the commissioner of education or |
|
commissioner of higher education, as applicable. |
|
SECTION 4. Section 37.1083(a), Education Code, is amended |
|
to read as follows: |
|
(a) The agency shall monitor the implementation and |
|
operation of requirements related to school district safety and |
|
security, including school district: |
|
(1) multihazard emergency operations plans; [and] |
|
(2) safety and security audits; and |
|
(3) security reviews. |
|
SECTION 5. Subchapter D, Chapter 37, Education Code, is |
|
amended by adding Section 37.1087 to read as follows: |
|
Sec. 37.1087. SECURITY REVIEW. (a) If a school district |
|
constructs, acquires, renovates, or improves a district facility, |
|
the district shall, as soon as practicable, conduct a security |
|
review of the facility to: |
|
(1) determine whether the facility meets school safety |
|
and security requirements as described by commissioner rule; and |
|
(2) identify security vulnerabilities at the facility |
|
in the event of an active shooter incident and describe strategies |
|
to mitigate each vulnerability identified. |
|
(b) The commissioner, in consultation with the Department |
|
of Public Safety, the Texas Division of Emergency Management, and |
|
the Texas School Safety Center, shall ensure that the rules adopted |
|
or amended under Section 7.061 include rules for the review |
|
required under this section. |
|
SECTION 6. Subchapter D, Chapter 37, Education Code, is |
|
amended by adding Section 37.1171 to read as follows: |
|
Sec. 37.1171. AVAILABILITY OF BREACHING TOOL AND BALLISTIC |
|
SHIELD. Each school district and open-enrollment charter school |
|
must have at least one breaching tool and one ballistic shield |
|
available for use at each campus in the event of an active shooter |
|
incident. |
|
SECTION 7. Section 51.217(b), Education Code, is amended to |
|
read as follows: |
|
(b) An institution shall adopt and implement a multihazard |
|
emergency operations plan for use at the institution. The plan must |
|
address mitigation, preparedness, response, and recovery, |
|
including the prompt recovery of services provided by the |
|
institution. The plan must provide for: |
|
(1) employee training in responding to an emergency; |
|
(2) mandatory drills to prepare students, faculty, and |
|
employees for responding to an emergency; |
|
(3) measures to ensure coordination with the |
|
Department of State Health Services, local emergency management |
|
agencies, law enforcement, health departments, and fire |
|
departments in the event of an emergency; and |
|
(4) the implementation of a safety and security audit |
|
as required by Subsection (c). |
|
SECTION 8. Subchapter C, Chapter 96, Education Code, is |
|
amended by adding Section 96.42 to read as follows: |
|
Sec. 96.42. ADVANCED LAW ENFORCEMENT RAPID RESPONSE |
|
TRAINING CENTER; CERTAIN DUTIES. (a) In this section: |
|
(1) "Center" means the Advanced Law Enforcement Rapid |
|
Response Training Center at Texas State University--San Marcos. |
|
(2) "Emergency medical services personnel" and |
|
"emergency medical services provider" have the meanings assigned by |
|
Section 773.003, Health and Safety Code. |
|
(3) "Local law enforcement agency" means a political |
|
subdivision of this state authorized by law to employ or appoint |
|
peace officers. |
|
(b) The center shall create a template for use by a local law |
|
enforcement agency or emergency medical services provider in |
|
evaluating and reporting on the agency's or provider's response to |
|
an active shooter incident at a primary or secondary school |
|
facility under Section 418.1873, Government Code. The center may |
|
collaborate with the Texas Division of Emergency Management, the |
|
Department of Public Safety, the Sheriffs' Association of Texas, or |
|
the Texas Police Chiefs Association to develop the template. The |
|
template must include: |
|
(1) prompts for reporting on the following items: |
|
(A) a brief description and outcome of the active |
|
shooter incident; |
|
(B) a statement of personnel and equipment |
|
deployed during the incident; |
|
(C) a cost analysis, including salaries, |
|
equipment, and incidentals; |
|
(D) a copy of appropriate incident logs and |
|
reports; |
|
(E) any maps, forms, or related documentation |
|
used in responding to or evaluating the agency's or provider's |
|
response to the incident; |
|
(F) a summary of any deaths or injuries that |
|
occurred as a result of the incident; |
|
(G) any information relating to the status of |
|
criminal investigations and subsequent prosecutions arising out of |
|
the incident; and |
|
(H) a final evaluation, including: |
|
(i) conclusions relating to the agency's or |
|
provider's response to the incident; |
|
(ii) problems encountered during the |
|
response regarding personnel, equipment, resources, or multiagency |
|
response; |
|
(iii) suggestions for revising policy, such |
|
as improving training and equipment; and |
|
(iv) any additional considerations that |
|
would improve the agency's or provider's response to active shooter |
|
incidents at primary or secondary school facilities in the future; |
|
and |
|
(2) any other content the center considers |
|
appropriate. |
|
(c) The center shall develop a training program for peace |
|
officers and emergency medical services personnel for responding to |
|
active shooter incidents at primary and secondary school facilities |
|
as required by Section 418.1877(b), Government Code. In developing |
|
the training program, the center: |
|
(1) shall incorporate, if available, the findings of |
|
at least one final report submitted under Section 418.1873, |
|
Government Code, regarding a local law enforcement agency's or |
|
emergency medical services provider's response to an active shooter |
|
incident at a primary or secondary school facility; and |
|
(2) may collaborate with the Texas Division of |
|
Emergency Management, the Texas Commission on Law Enforcement, the |
|
Department of Public Safety, or the Department of State Health |
|
Services. |
|
(d) In developing the training program under Subsection |
|
(c), if a report described by Subsection (c)(1) is not immediately |
|
available, the center shall update the training program as soon as a |
|
report described by that subdivision becomes available to |
|
incorporate the report's findings. |
|
SECTION 9. Subchapter L-1, Chapter 411, Government Code, is |
|
amended by adding Section 411.3735 to read as follows: |
|
Sec. 411.3735. CERTIFICATION AND CONTINUING EDUCATION |
|
REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) In this |
|
section: |
|
(1) "Division" means the Texas Division of Emergency |
|
Management. |
|
(2) "Public information officer" means an individual |
|
who is employed or appointed by a state agency or local government |
|
entity and whose duties include communicating with the public |
|
during a disaster regarding the disaster. |
|
(b) Each of the following entities shall employ or appoint a |
|
public information officer who must obtain certification in |
|
emergency communications from the division and complete continuing |
|
education on emergency communications as provided by Subchapter K, |
|
Chapter 418: |
|
(1) a municipal police department; |
|
(2) a sheriff's office; |
|
(3) a county constable's office; |
|
(4) a school district police department; and |
|
(5) the department. |
|
(c) The chief administrative officer of an agency may be |
|
appointed or employed as a public information officer. |
|
SECTION 10. Subchapter C, Chapter 418, Government Code, is |
|
amended by adding Section 418.059 to read as follows: |
|
Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO |
|
ACTIVE SHOOTER INCIDENT AT SCHOOL FACILITY. (a) The division, in |
|
coordination with the Emergency Management Council, shall develop a |
|
guide on preparing for and responding to an active shooter incident |
|
at a primary or secondary school facility for civic, volunteer, and |
|
community organizations. |
|
(b) The division shall post the guide on the division's |
|
Internet website for public use. The guide must provide a |
|
comprehensive approach to preparing for and responding to active |
|
shooter incidents at primary and secondary school facilities and |
|
include information on: |
|
(1) understanding mass violence incidents and best |
|
practices for community engagement related to those incidents; |
|
(2) incident command structure; |
|
(3) coordination of and access to resources, including |
|
trauma and support services, acute support services, long-term |
|
support services, spiritual support services, and family or victim |
|
assistance; |
|
(4) long-term recovery and community resilience; |
|
(5) communication coordination; |
|
(6) training and planning resources; and |
|
(7) preserving and restoring community cohesion and |
|
public life after the incident. |
|
(c) In developing and revising the guide, the division may, |
|
in collaboration with the department, seek the advice and |
|
assistance of local governments, civic organizations, volunteer |
|
organizations, and community leaders. |
|
SECTION 11. Subchapter H, Chapter 418, Government Code, is |
|
amended by adding Sections 418.1873 and 418.1877 to read as |
|
follows: |
|
Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE |
|
SHOOTER INCIDENT AT SCHOOL FACILITY REQUIRED FOR CERTAIN ENTITIES. |
|
(a) In this section: |
|
(1) "Emergency medical services" and "emergency |
|
medical services provider" have the meanings assigned by Section |
|
773.003, Health and Safety Code. |
|
(2) "Local law enforcement agency" means a political |
|
subdivision of this state authorized by law to employ or appoint |
|
peace officers. |
|
(b) Each local law enforcement agency and emergency medical |
|
services provider that responds to an active shooter incident at a |
|
primary or secondary school facility by providing law enforcement |
|
services or emergency medical services, or both, shall: |
|
(1) not later than the 45th day after the date of the |
|
incident, or as soon as practicable thereafter, initiate an |
|
evaluation of the agency's or provider's response to the incident |
|
and submit a preliminary report to the division, the department, |
|
and the Advanced Law Enforcement Rapid Response Training Center at |
|
Texas State University--San Marcos regarding, at minimum, the items |
|
required in the template created under Section 96.42, Education |
|
Code; and |
|
(2) not later than the 90th day after the date of the |
|
incident, or as soon as practicable thereafter, finalize the report |
|
described by Subdivision (1) and submit the report to the division, |
|
the department, and the Advanced Law Enforcement Rapid Response |
|
Training Center at Texas State University--San Marcos. |
|
(c) For purposes of implementing this section: |
|
(1) the Texas Commission on Law Enforcement shall |
|
adopt rules with respect to local law enforcement agencies; and |
|
(2) the division shall adopt rules with respect to |
|
emergency medical services and emergency medical services |
|
providers. |
|
(d) The division, in coordination with the Texas School |
|
Safety Center, shall by rule define "active shooter incident" as an |
|
incident involving an active shooter, as that term is defined by the |
|
Federal Bureau of Investigation. |
|
(e) A local law enforcement agency or emergency medical |
|
services provider that complies with this section regarding an |
|
active shooter incident at a primary or secondary school facility |
|
is not required to conduct any evaluation or issue any report that |
|
may be required under Section 418.188 regarding that incident. |
|
(f) Information obtained or created by the division or the |
|
department in carrying out their obligations under this section are |
|
confidential and are not subject to disclosure under Chapter 552. |
|
(g) Any meetings between a law enforcement agency or |
|
emergency medical services provider and the division or the |
|
department are not subject to the open meeting requirements of |
|
Chapter 551. |
|
Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER |
|
INCIDENTS AT SCHOOL FACILITIES REQUIRED. (a) In this section: |
|
(1) "Emergency medical services personnel" and |
|
"emergency medical services provider" have the meanings assigned by |
|
Section 773.003, Health and Safety Code. |
|
(2) "Local law enforcement agency" has the meaning |
|
assigned by Section 418.1873. |
|
(b) The Texas Commission on Law Enforcement by rule shall |
|
require the peace officers of each local law enforcement agency to |
|
complete a training program for responding to active shooter |
|
incidents at primary and secondary school facilities developed by |
|
the Advanced Law Enforcement Rapid Response Training Center at |
|
Texas State University--San Marcos as required by Section 96.42, |
|
Education Code. |
|
(c) The division by rule shall require the emergency medical |
|
services personnel of each emergency medical services provider to |
|
complete a training program for responding to active shooter |
|
incidents at primary and secondary school facilities developed by |
|
the division. The training program must involve reviewing at least |
|
one final evaluation and report required by Section 418.1873. |
|
(d) The division, the Texas Commission on Law Enforcement, |
|
and the Department of State Health Services may adopt rules to |
|
enforce this section. |
|
SECTION 12. Chapter 418, Government Code, is amended by |
|
adding Subchapter K to read as follows: |
|
SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR |
|
CERTAIN PUBLIC INFORMATION OFFICERS |
|
Sec. 418.331. DEFINITION. In this subchapter, "public |
|
information officer" means an individual who is employed or |
|
appointed by a state agency, local government entity, or |
|
open-enrollment charter school and whose duties include |
|
communicating with the public during a disaster regarding the |
|
disaster. |
|
Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION |
|
REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) Each of the |
|
following entities shall employ or appoint a public information |
|
officer who must obtain certification in emergency communications |
|
from the division and complete continuing education on emergency |
|
communications as provided by this subchapter: |
|
(1) a municipality; |
|
(2) a county; |
|
(3) an independent school district; |
|
(4) an open-enrollment charter school; and |
|
(5) the division. |
|
(b) The chief administrator of an agency may be appointed or |
|
employed as a public information officer. |
|
Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a) |
|
A public information officer described by Sections 411.3735 and |
|
418.332 shall: |
|
(1) obtain certification from the division in |
|
emergency communications not later than the first anniversary of |
|
the date the public information officer was hired or appointed; and |
|
(2) complete a continuing education program on |
|
emergency communications approved by the division once during each |
|
12-month period beginning on the date the public information |
|
officer obtained certification. |
|
(b) The division shall establish minimum education and |
|
training requirements for initial certification and continuing |
|
education under this subchapter. The minimum requirements must |
|
comply with the policies and standards developed by the Texas |
|
Commission on Law Enforcement under Section 1701.163, Occupations |
|
Code. These minimum requirements must include courses on: |
|
(1) the National Incident Management System; |
|
(2) the Incident Command System; and |
|
(3) the basic skills and principles necessary to |
|
fulfill the role of a public information officer with respect to |
|
emergency communications. |
|
(c) The division shall assist the entities subject to |
|
Sections 411.3735 and 418.332 in identifying approved training |
|
programs. |
|
(d) The following courses may be taken to satisfy minimum |
|
education and training requirements under this subchapter: |
|
(1) a course provided by the Bill Blackwood Law |
|
Enforcement Management Institute of Texas; or |
|
(2) a course approved by the Texas Commission on Law |
|
Enforcement. |
|
Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each |
|
entity subject to Section 418.332 shall: |
|
(1) maintain records that demonstrate the compliance |
|
of each public information officer employed or appointed by that |
|
entity with the certification and continuing education |
|
requirements of this subchapter; and |
|
(2) submit to the division the compliance records |
|
required to be maintained under Subdivision (1). |
|
(b) The division shall permit inspection and copying by the |
|
department of the compliance records the division maintains under |
|
Subsection (a)(1) during reasonable hours and in a reasonable |
|
manner. |
|
Sec. 418.335. RULES. The division may adopt rules to |
|
administer this subchapter. |
|
SECTION 13. Subchapter A, Chapter 772, Government Code, is |
|
amended by adding Sections 772.00791, 772.013, and 772.014 to read |
|
as follows: |
|
Sec. 772.00791. LAW ENFORCEMENT AGENCY ACCREDITATION GRANT |
|
PROGRAM. (a) In this section, "criminal justice division" means |
|
the criminal justice division established under Section 772.006. |
|
(b) The criminal justice division shall establish and |
|
administer a grant program to provide financial assistance to a law |
|
enforcement agency in this state for purposes of becoming |
|
accredited or maintaining accreditation: |
|
(1) through the Texas Police Chiefs Association Law |
|
Enforcement Agency Best Practices Accreditation Program; |
|
(2) by the Commission on Accreditation for Law |
|
Enforcement Agencies, Inc.; |
|
(3) by the International Association of Campus Law |
|
Enforcement Administrators; |
|
(4) by an accreditation program developed by the |
|
Sheriffs' Association of Texas; or |
|
(5) by an association or organization designated by |
|
the Texas Commission on Law Enforcement as provided by Subsection |
|
(i). |
|
(c) Except as provided by Subsection (e), the amount of a |
|
grant awarded to a law enforcement agency under this section is as |
|
follows: |
|
(1) $25,000 for each qualifying accreditation: |
|
(A) held by the agency on the date on which the |
|
program under this section was established; or |
|
(B) received by the agency after the date |
|
described by Paragraph (A); and |
|
(2) $12,500 for each qualifying reaccreditation |
|
received by the agency after the date described by Subdivision |
|
(1)(A). |
|
(d) A law enforcement agency may not be awarded a grant |
|
described by Subsection (c)(1) with respect to an accreditation for |
|
which the agency has previously been awarded a grant under that |
|
subdivision. |
|
(e) If a law enforcement agency was awarded a grant |
|
described by Subsection (c)(1) and the accreditation expires |
|
without the agency receiving reaccreditation, the agency may be |
|
awarded a grant under this section in the amount provided by |
|
Subsection (c)(2) for becoming accredited by the accrediting entity |
|
for which the grant under Subsection (c)(1) was awarded. |
|
(f) The criminal justice division shall establish: |
|
(1) eligibility criteria for grant applicants; |
|
(2) grant application procedures; |
|
(3) guidelines relating to grant amounts; |
|
(4) procedures for evaluating grant applications; and |
|
(5) procedures for monitoring the use of a grant |
|
awarded under the program and ensuring compliance with any |
|
conditions of a grant. |
|
(g) Not later than December 1 of each year, the criminal |
|
justice division shall submit to the Legislative Budget Board a |
|
report that provides the following information for the preceding |
|
state fiscal year: |
|
(1) the name of each law enforcement agency that |
|
applied for a grant under this section; and |
|
(2) the amount of money distributed to each law |
|
enforcement agency awarded a grant under this section. |
|
(h) The criminal justice division may use any revenue |
|
available for purposes of this section. |
|
(i) The criminal justice division, with the assistance of |
|
the Texas Commission on Law Enforcement, shall periodically review |
|
associations and organizations that establish standards of |
|
practice for law enforcement agencies and that offer accreditation |
|
to agencies that meet those standards. On a determination by the |
|
criminal justice division that accreditation of law enforcement |
|
agencies in this state by an association or organization would |
|
benefit public safety, the commission may designate the association |
|
or organization as an accrediting entity for purposes of Subsection |
|
(b)(5). |
|
Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION |
|
PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL |
|
SUBDIVISIONS. (a) In this section: |
|
(1) "Department" means the Department of Public |
|
Safety. |
|
(2) "First responder" means: |
|
(A) a peace officer described by Article 2A.001, |
|
Code of Criminal Procedure; |
|
(B) an individual included as fire protection |
|
personnel by Section 419.021; and |
|
(C) an individual included as emergency medical |
|
services personnel by Section 773.003, Health and Safety Code. |
|
(b) To prepare for complex responses to and investigations |
|
of emergencies that require mutual aid and support from more than |
|
one governmental entity, the department shall consult with the |
|
sheriff of each county in which a primary or secondary school |
|
facility is located to determine which governmental entities that |
|
employ a first responder are reasonably likely, in the sheriff's |
|
opinion, to respond to an active shooter incident at one of those |
|
facilities. |
|
(c) The department, each sheriff described by Subsection |
|
(b), and each governmental entity identified by the sheriff under |
|
that subsection shall collectively participate in: |
|
(1) a multiagency tabletop exercise at least once each |
|
odd-numbered year; and |
|
(2) an in-person drill at least once each |
|
even-numbered year. |
|
(d) The department shall invite any appropriate federal |
|
agency to participate in an exercise described by Subsection (c). |
|
Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF |
|
PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this |
|
section, "department" means the Department of Public Safety. |
|
(b) The department and each governmental entity identified |
|
by a sheriff under Section 772.013(b) shall collectively enter into |
|
a mutual aid agreement that establishes the procedures for the |
|
provision of resources, personnel, facilities, equipment, and |
|
supplies in responses to critical incidents in a vertically |
|
integrated fashion. |
|
(c) In establishing the procedures, the department and |
|
local law enforcement agencies shall: |
|
(1) give priority to establishing the |
|
interoperability of communications equipment among the parties to |
|
the agreement; |
|
(2) establish procedures for interagency coordination |
|
in activities arising from critical incidents, including evidence |
|
collection; |
|
(3) set jurisdictional boundaries; and |
|
(4) determine the capabilities, processes, and |
|
expectations among the parties to the agreement. |
|
(d) The department shall invite any appropriate federal |
|
agency to enter into the agreement described by Subsection (b). |
|
SECTION 14. Section 85.024, Local Government Code, is |
|
amended by amending Subsections (a) and (c) and adding Subsection |
|
(c-1) to read as follows: |
|
(a) The sheriff of a county [with a total population of less |
|
than 350,000] in which a public school is located shall call and |
|
conduct an annual meeting [semiannual meetings] to discuss: |
|
(1) school safety; |
|
(2) coordinated law enforcement response to school |
|
violence incidents; |
|
(3) law enforcement agency capabilities; |
|
(4) available resources; |
|
(5) emergency radio interoperability; |
|
(6) chain of command planning; [and] |
|
(7) each public school's multihazard emergency |
|
operations plan, including a discussion and analysis of how the |
|
school's multihazard emergency operations plan would be |
|
implemented in an emergency situation; and |
|
(8) other related subjects proposed by a person in |
|
attendance at the meeting. |
|
(c) In a county with a population of less than 350,000, the |
|
[The] following persons shall attend a meeting called under |
|
Subsection (a): |
|
(1) the sheriff or the sheriff's designee; |
|
(2) the police chief of a municipal police department |
|
in the county or the police chief's designee; |
|
(3) each elected constable in the county or the |
|
constable's designees; |
|
(4) each police chief of a school district's police |
|
department or school district security coordinator from each school |
|
district located in the county; |
|
(5) a representative of the Department of Public |
|
Safety assigned to the county; |
|
(6) a representative of each other state agency with |
|
commissioned peace officers assigned to the county; |
|
(7) a person appointed to a command staff position at |
|
an emergency medical service in the county; |
|
(8) a person appointed to a command staff position at a |
|
municipal emergency medical service in the county; |
|
(9) a person appointed to a command staff position at a |
|
fire department in the county; |
|
(10) the superintendent or the superintendent's |
|
designee of each school district located in the county; |
|
(11) the person who serves the function of |
|
superintendent, or that person's designee, in each open-enrollment |
|
charter school located in the county; [and] |
|
(12) a representative of the Texas Division of |
|
Emergency Management; and |
|
(13) any other person the sheriff considers |
|
appropriate. |
|
(c-1) In a county with a population of 350,000 or more, the |
|
following persons shall attend a meeting called under Subsection |
|
(a): |
|
(1) for each school district located in the county, |
|
either: |
|
(A) the police chief of the district's police |
|
department, or the chief's designee; or |
|
(B) if the district contracts with another |
|
political subdivision for law enforcement services, the chief |
|
administrative officer of the law enforcement agency providing law |
|
enforcement services to the district, or the officer's designee; |
|
(2) the superintendent of each school district located |
|
in the county; and |
|
(3) any other person the sheriff considers |
|
appropriate. |
|
SECTION 15. Chapter 391, Local Government Code, is amended |
|
by adding Section 391.0041 to read as follows: |
|
Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST |
|
RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section: |
|
(1) "Council of governments" means a regional planning |
|
commission for a state planning region created under this chapter. |
|
(2) "Critical incident" means an incident involving a |
|
first responder that occurs while the first responder is performing |
|
official duties and that results in serious bodily injury to the |
|
first responder or poses a substantial risk of serious bodily |
|
injury or death to the first responder or of serious harm to the |
|
first responder's mental health or well-being. |
|
(3) "First responder" means: |
|
(A) a peace officer described by Article 2A.001, |
|
Code of Criminal Procedure; |
|
(B) an individual included as fire protection |
|
personnel by Section 419.021, Government Code; and |
|
(C) an individual included as emergency medical |
|
services personnel by Section 773.003, Health and Safety Code. |
|
(b) The Texas Division of Emergency Management, in |
|
coordination with the Health and Human Services Commission and the |
|
Department of State Health Services, shall: |
|
(1) develop a mental health resources plan to address |
|
the mental health needs of first responders following a critical |
|
incident; and |
|
(2) provide the plan to each local emergency |
|
management director in the state. |
|
(c) A plan developed under Subsection (b): |
|
(1) must identify and provide for: |
|
(A) education and training to a first responder |
|
prior to a critical incident on topics including: |
|
(i) the potential psychological impact that |
|
being involved in an incident may have on the first responder; and |
|
(ii) resources available to the first |
|
responder to address the psychological impact of an incident, |
|
including mental health counseling, peer support programs, and |
|
stress management practices; or |
|
(B) a list of recommended providers located |
|
within the territory of the council of governments who can provide |
|
the education and training described by Paragraph (A); |
|
(2) may recommend that an employer of a first |
|
responder: |
|
(A) create a process to conduct a critical |
|
incident stress debriefing following an incident; and |
|
(B) create a peer support program to support the |
|
first responder following an incident; and |
|
(3) may include any other recommendation the council |
|
of governments considers appropriate to address the mental health |
|
needs of a first responder following a critical incident. |
|
(d) Each political subdivision that receives a plan under |
|
this section shall: |
|
(1) implement the plan; and |
|
(2) share the plan with each council of governments |
|
that has jurisdiction over the political subdivision to ensure |
|
regional plan integration and awareness. |
|
SECTION 16. Section 1701.163, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT |
|
AGENCIES. (a) The commission, with input from an advisory |
|
committee, shall by rule establish minimum standards with respect |
|
to the creation or continued operation of a law enforcement agency |
|
based on the function, size, and jurisdiction of the agency, |
|
including: |
|
(1) a determination regarding the public benefit of |
|
creating the agency in the community; |
|
(2) the sustainable funding sources for the agency; |
|
(3) the physical resources available to officers, |
|
including: |
|
(A) all standard duty firearms; |
|
(B) less lethal force weapons, including a |
|
requirement of at least one per officer on duty; |
|
(C) effective communications equipment; |
|
(D) protective equipment, including a |
|
requirement of: |
|
(i) at least one bullet-resistant vest per |
|
officer on duty; and |
|
(ii) access to at least one breaching tool |
|
and one ballistic shield; |
|
(E) officer uniforms; and |
|
(F) patrol vehicles and associated equipment; |
|
(4) the physical facilities of the agency, including |
|
any evidence room, dispatch area, or public area; |
|
(5) the policies of the agency, including policies on: |
|
(A) use of force; |
|
(B) vehicle pursuit; |
|
(C) professional conduct of officers; |
|
(D) domestic abuse protocols; |
|
(E) response to missing persons; |
|
(F) supervision of part-time officers; |
|
(G) impartial policing; |
|
(H) active shooters, including a detailed |
|
written policy based on current best practices for responding to an |
|
active shooter incident at a primary or secondary school facility |
|
and a recommendation for the frequency at which simulated emergency |
|
drills should be conducted; and |
|
(I) barricaded subjects; |
|
(6) the administrative structure of the agency; |
|
(7) liability insurance; and |
|
(8) any other standard the commission considers |
|
necessary. |
|
(b) A law enforcement agency may enter into a mutual aid |
|
agreement with a law enforcement agency with overlapping or |
|
adjacent jurisdiction to share protective equipment during a |
|
critical incident, as defined by Section 391.0041, Local Government |
|
Code, to meet the requirements under Subsection (a)(3)(D). |
|
SECTION 17. Section 1701.253, Occupations Code, is amended |
|
by adding Subsection (u) to read as follows: |
|
(u) As part of the minimum curriculum requirements, the |
|
commission shall require an officer to complete the training |
|
courses described by Section 1701.273. |
|
SECTION 18. Subchapter F, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.273 to read as follows: |
|
Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND. |
|
(a) The commission shall require a peace officer to complete the |
|
following emergency response management training courses, or a |
|
substantially similar successor course as determined by the |
|
commission, in collaboration with the Texas Division of Emergency |
|
Management: |
|
(1) Introduction to the Incident Command System; and |
|
(2) National Incident Management System, An |
|
Introduction. |
|
(b) The commission shall require an officer to complete the |
|
training courses described by Subsection (a) unless the officer has |
|
completed the training under Section 1701.253(u). |
|
SECTION 19. Subchapter H, Chapter 1701, Occupations Code, |
|
is amended by adding Section 1701.3526 to read as follows: |
|
Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE |
|
AND COMMAND. (a) The commission shall require a peace officer whose |
|
duties involve the supervision of officers in an incident response |
|
to complete, as part of the continuing education programs under |
|
Section 1701.351(a), an advanced incident response and command |
|
course, in collaboration with the Texas Division of Emergency |
|
Management, as determined by commission rule. |
|
(b) The exemption under Section 1701.351(d) does not apply |
|
to the training required by Subsection (a). |
|
SECTION 20. Section 85.024(b), Local Government Code, is |
|
repealed. |
|
SECTION 21. Not later than December 1, 2025, the Advanced |
|
Law Enforcement Rapid Response Training Center at Texas State |
|
University--San Marcos shall develop the template and training |
|
program required by Section 96.42, Education Code, as added by this |
|
Act. |
|
SECTION 22. Not later than December 1, 2025, the Texas |
|
Division of Emergency Management shall develop and post the guide |
|
required by Section 418.059, Government Code, as added by this Act. |
|
SECTION 23. Not later than December 1, 2025, the Texas |
|
Division of Emergency Management shall develop the training program |
|
required by Section 418.1877(c), Government Code, as added by this |
|
Act. |
|
SECTION 24. A public information officer described by |
|
Section 411.3735 or 418.332, Government Code, as added by this Act, |
|
who was employed or appointed before the effective date of this Act |
|
shall obtain the certification required by Section 418.333, |
|
Government Code, as added by this Act, not later than September 1, |
|
2026. |
|
SECTION 25. Not later than January 1, 2026, the Department |
|
of Public Safety and local law enforcement agencies shall enter |
|
into mutual aid agreements as required by Section 772.014, |
|
Government Code, as added by this Act. |
|
SECTION 26. As soon as practicable after the effective date |
|
of this Act, each council of governments, as defined by Section |
|
391.0041, Local Government Code, as added by this Act, shall |
|
develop a mental health resources plan required to be created under |
|
that section. |
|
SECTION 27. As soon as practicable after the effective date |
|
of this Act, the Texas Commission on Law Enforcement shall adopt |
|
rules to implement the changes in law made by this Act to |
|
Subchapters D, F, and H, Chapter 1701, Occupations Code. |
|
SECTION 28. The minimum curriculum requirements under |
|
Section 1701.253(u), Occupations Code, as added by this Act, apply |
|
only to an officer who first begins to satisfy those requirements on |
|
or after January 1, 2026. |
|
SECTION 29. Section 1701.3526, Occupations Code, as added |
|
by this Act, applies only with respect to a 24-month continuing |
|
education training unit that begins on or after the effective date |
|
of this Act. A training unit that begins before the effective date |
|
of this Act is governed by the law in effect on the date the training |
|
unit began, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 30. This Act takes effect September 1, 2025. |