Howard Bill Sets School Safety Money At $200 Per Student

The text as introduced · 1,517 words

89R10957 TSS-D

By: Howard
H.B. No. 2377

A BILL TO BE ENTITLED

AN ACT

relating to funding for projects that improve the physical and

mental health of public school students and enhance the safety of

public schools in this state; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle I, Title 2, Education Code, is amended

by adding Chapter 47A to read as follows:

CHAPTER 47A. STATE SCHOOL HEALTH AND 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 health and safety

fund established under Section 7, Article VII, Texas Constitution.

(3) "Program" means the school health and 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 improve the physical and mental health of

students and 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 HEALTH AND SAFETY GRANTS. (a) The

commissioner shall establish a school health and safety grant

program using proceeds of the fund to reimburse a school district or

open-enrollment charter school for student health-related

expenditures or expenditures required for the implementation of a

school safety plan that has been approved by the agency.

(b) The amount of grants awarded to a school district or

open-enrollment charter school under the program for a school year

may not exceed $10 million.

(c) The total amount of grants awarded under the program for

a school year may not exceed $500 million.

(d) If the amount of grant requests under the program

exceeds the amount permitted under Subsection (c) in a school year,

the commissioner shall proportionately reduce the amount of each

grant in an amount necessary to limit the total amount of grants

provided to the amount permitted under Subsection (c).

(e) Notwithstanding Subsection (b) and subject to the

limitation under Subsection (c), 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 in an amount that exceeded the amount in

Subsection (b).

Sec. 47A.006. RULES. The commissioner, in consultation

with the corporation, may adopt rules as necessary to implement

this chapter.

SECTION 2. The heading to Section 48.115, Education Code,

is amended to read as follows:

Sec. 48.115. SCHOOL HEALTH AND SAFETY ALLOTMENT.

SECTION 3. Section 48.115, Education Code, is amended by

amending Subsections (a) and (b) and adding Subsection (c-2) to

read as follows:

(a) A [ Except as provided by Subsection (a-1), a ] school

district is entitled to an annual allotment of $200 [ equal to the

sum of the following amounts or a greater amount provided by

appropriation:

[ (1) $10 ] for each student in average daily attendance

[ , plus $1 for each student in average daily attendance per every

$50 by which the district's maximum basic allotment under Section

48.051 exceeds $6,160, prorated as necessary; and

[ (2) $15,000 per campus ].

(b) A school district must use funds received under this

section as follows:

(1) 50 percent must be used to improve the physical and

mental health of district students; and

(2) 50 percent must be used [ Funds allocated under

this section must be used ] to improve school safety and security [ ,

including costs associated with:

[ (1) securing school facilities in accordance with the

requirements of Section 37.351, including:

[ (A) improvements to school infrastructure;

[ (B) the use or installation of perimeter

security fencing conducive to a public school learning environment

or physical barriers, which may not include razor wire;

[ (C) exterior door and window safety and security

upgrades, including exterior door numbering and locking systems and

security film that provides resistance to a forced entry; and

[ (D) the purchase and maintenance of:

[ (i) security cameras and, if the district

has already installed security cameras, other security equipment,

including video surveillance as provided by Section 29.022; and

[ (ii) technology, including communications

systems or devices, such as silent panic alert devices, two-way

radios, or wireless Internet booster equipment, 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 measures, 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, chaplains, and individuals trained in restorative

discipline and restorative justice practices;

[ (ii) providing mental health personnel and

support, including chaplains;

[ (iii) providing behavioral health

services, including services provided by chaplains;

[ (iv) establishing threat reporting

systems; and

[ (v) developing and implementing programs

focused on restorative justice practices, culturally relevant

instruction, and providing mental health support, including

support provided by chaplains;

[ (4) providing programs related to suicide

prevention, intervention, and postvention, including programs

provided by chaplains; and

[ (5) employing a school safety director and other

personnel to manage and monitor school safety initiatives and the

implementation of school safety requirements for the district ].

(c-2) Subsection (c-1) does not apply to the provision of

behavioral health services or programming.

SECTION 4. Section 37.108(b-1), Education Code, is amended

to read as follows:

(b-1) In a school district's safety and security audit

required under Subsection (b), the district must certify that the

district used the funds provided to the district through the school

health and safety allotment under Section 48.115 described by

Subsection (b)(2) of that section only for the purposes provided by

that subsection [ section ].

SECTION 5. Section 37.117(c), Education Code, as added by

Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular

Session, 2023, is amended to read as follows:

(c) To comply with this section, a school district or

open-enrollment charter school may:

(1) use funds provided to the district or school

through the school health and safety allotment under Section 48.115

or other available funds; and

(2) use the district's or school's customary

procurement process.

SECTION 6. Section 37.354(a), Education Code, is amended to

read as follows:

(a) The commissioner may authorize a school district to use

money provided to the district for the purpose of improving school

safety and security, including the school health and safety

allotment under Section 48.115 or any other funding or grant money

available to the district for that purpose, to comply with the

requirements of this subchapter.

SECTION 7. Section 48.115(a-1), Education Code, is

repealed.

SECTION 8. It is the intent of the 89th Legislature, Regular

Session, 2025, that the amendments made by this Act be harmonized

with another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 9. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Section 1 of this Act takes effect January 1, 2026, but

only if the constitutional amendment proposed by the 89th

Legislature, Regular Session, 2025, creating the state school

health and safety fund to provide financial support for projects

that improve the physical and mental health of public school

students and 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 1 of this Act has no effect.