Slawson Bill Puts Armed Volunteers On School Grounds

The text as introduced · 781 words

By: Slawson
H.B. No. 5526

A BILL TO BE ENTITLED

AN ACT

relating to a school security volunteer program in certain

counties.

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

SECTION 1. Subchapter C, Chapter 37, Education Code, is

amended by adding Section 37.0817 to read as follows:

Sec. 37.0817. SCHOOL SECURITY VOLUNTEER PROGRAM. (a) In

this section:

(1) "Honorably retired" has the meaning assigned by

Section 411.199(c), Government Code.

(2) "Qualified retired law enforcement officer" means

a person who:

(A) meets the qualifications provided by 18

U.S.C. Section 926C(c); and

(B) is honorably retired.

(3) "Veteran" has the meaning assigned by Section

521.1235, Transportation Code.

(b) This section applies only to a school district or

open-enrollment charter school located in a county with a

population of less than one million.

(c) The board of trustees of a school district to which this

section applies, or the governing body of an open-enrollment

charter school to which this section applies, may approve a program

under which the district or school provides written regulations or

written authorization for eligible persons to serve as school

security volunteers by:

(1) providing security services for the district or

school on school grounds, including any location in which an

activity sponsored by the district or school is being conducted,

and in school vehicles; and

(2) carrying a handgun in providing the security

services under Subdivision (1).

(d) A person is eligible to serve as a school security

volunteer for a program approved under this section only if:

(1) the person is not:

(A) an employee of the district or school;

(B) a contractor providing services under a

contract with the district or school; or

(C) a person who otherwise receives compensation

or remuneration from the district or school;

(2) the person is:

(A) a qualified retired law enforcement officer;

or

(B) a veteran; and

(3) the board of trustees or governing body determines

the person is eligible based on the results of a criminal background

check conducted on the person using criminal history record

information obtained by the district or school in accordance with

Section 22.0835.

(e) A school district that approves a program under this

section must include the program in the district's multihazard

emergency operations plan required under Section 37.108. An

open-enrollment charter school that approves a program under this

section must adopt and implement measures to ensure, in an

emergency, coordination with the Department of State Health

Services and local emergency management agencies, law enforcement

agencies, health departments, and fire departments.

(f) A school district or open-enrollment charter school

that approves a program under this section must provide to each

school security volunteer a course of instruction on the safety and

security policies of the district or school. A district must

include instruction about the district's multihazard emergency

operations plan adopted under Section 37.108.

(g) A school district or open-enrollment charter school

that approves a program under this section must:

(1) provide to each person serving as a school

security volunteer under the program a uniform that clearly

identifies the person as a school security volunteer; and

(2) require each school security volunteer to wear a

uniform described by Subdivision (1) while providing security

services at the district or school in the manner provided under

Subsection (c).

(h) A person who serves as a school security volunteer under

this section is not a commissioned peace officer or a school

resource officer, as defined by Section 1701.601, Occupations Code,

and may not, in providing security services in the manner allowed

under Subsection (c), engage in law enforcement activities or

otherwise exercise powers or duties reserved to commissioned peace

officers or school resource officers under this chapter or other

law.

(i) A school security volunteer is immune from civil

liability to the same extent as a professional employee of a school

district under Section 22.0511. This subsection does not limit the

liability of a person for intentional misconduct or gross

negligence.

SECTION 2. Subchapter N, Chapter 1702, Occupations Code, is

amended by adding Section 1702.334 to read as follows:

Sec. 1702.334. SCHOOL SECURITY VOLUNTEERS. This chapter

does not apply to a person who serves as a school security volunteer

for a school district or open-enrollment charter school under a

program adopted under Section 37.0817, Education Code.

SECTION 3. The change in law made by this Act applies

beginning with the 2025-2026 school year.

SECTION 4. 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, 2025.