AN ACT~relating to security in public schools.

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