TEA can commission its own peace officers

The text as introduced · 2,031 words

89R5011 ANG-F

By: Nichols
S.B. No. 1262

A BILL TO BE ENTITLED

AN ACT

relating to measures for ensuring public school safety, including

the commissioning of peace officers by the Texas Education Agency,

public school safety and security requirements, and the provision

of safety-related resources.

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

SECTION 1. Article 2A.001, Code of Criminal Procedure, is

amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,

Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and

Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,

Regular Session, 2023, and is further amended to read as follows:

Art. 2A.001. PEACE OFFICERS GENERALLY. The following are

peace officers:

(1) a sheriff, a sheriff's deputy, or a reserve deputy

sheriff who holds a permanent peace officer license issued under

Chapter 1701, Occupations Code;

(2) a constable, a deputy constable, or a reserve

deputy constable who holds a permanent peace officer license issued

under Chapter 1701, Occupations Code;

(3) a marshal or police officer of a municipality or a

reserve municipal police officer who holds a permanent peace

officer license issued under Chapter 1701, Occupations Code;

(4) a ranger, officer, or member of the reserve

officer corps commissioned by the Public Safety Commission and the

director of the Department of Public Safety;

(5) an investigator of a district attorney's, criminal

district attorney's, or county attorney's office;

(6) a law enforcement agent of the Texas Alcoholic

Beverage Commission;

(7) a member of an arson investigating unit

commissioned by a municipality, a county, or the state;

(8) an officer commissioned under Section 37.081 or

37.0818 , Education Code, or Subchapter E, Chapter 51, Education

Code;

(9) an officer commissioned by the Texas Facilities

Commission;

(10) a law enforcement officer commissioned by the

Parks and Wildlife Commission;

(11) an officer commissioned under Chapter 23,

Transportation Code;

(12) a municipal park and recreational patrol officer

or security officer;

(13) a security officer or investigator commissioned

as a peace officer by the comptroller;

(14) an officer commissioned by a water control and

improvement district under Section 49.216, Water Code;

(15) an officer commissioned by a board of trustees

under Chapter 54, Transportation Code;

(16) an investigator commissioned by the Texas Medical

Board;

(17) an officer commissioned by:

(A) the board of managers of the Dallas County

Hospital District, the Tarrant County Hospital District, the Bexar

County Hospital District, or the El Paso County Hospital District

under Section 281.057, Health and Safety Code;

(B) the board of directors of the Ector County

Hospital District under Section 1024.117, Special District Local

Laws Code;

(C) the board of directors of the Midland County

Hospital District of Midland County, Texas, under Section 1061.121,

Special District Local Laws Code; or

(D) the board of hospital managers of the Lubbock

County Hospital District of Lubbock County, Texas, under Section

1053.113, Special District Local Laws Code;

(18) a county park ranger commissioned under

Subchapter E, Chapter 351, Local Government Code;

(19) an investigator employed by the Texas Racing

Commission;

(20) an officer commissioned under Chapter 554,

Occupations Code;

(21) an officer commissioned by the governing body of

a metropolitan rapid transit authority under Section 451.108,

Transportation Code, or a regional transportation authority under

Section 452.110, Transportation Code;

(22) an investigator commissioned by the attorney

general under Section 402.009, Government Code;

(23) a security officer or investigator commissioned

as a peace officer under Chapter 466, Government Code;

(24) an officer appointed by an appellate court under

Subchapter F, Chapter 53, Government Code;

(25) an officer commissioned by the state fire marshal

under Chapter 417, Government Code;

(26) an investigator commissioned by the commissioner

of insurance under Section 701.104, Insurance Code;

(27) an officer appointed by the inspector general of

[ apprehension specialist or inspector general commissioned by ] the

Texas Juvenile Justice Department [ as an officer ] under Section

242.102 [ or 243.052 ], Human Resources Code;

(28) an officer appointed by the inspector general of

the Texas Department of Criminal Justice under Section 493.019,

Government Code;

(29) an investigator commissioned by the Texas

Commission on Law Enforcement under Section 1701.160, Occupations

Code;

(30) a fire marshal or any related officer, inspector,

or investigator commissioned by a county under Subchapter B,

Chapter 352, Local Government Code;

(31) a fire marshal or any officer, inspector, or

investigator commissioned by an emergency services district under

Chapter 775, Health and Safety Code;

(32) a fire marshal or any officer, inspector, or

investigator of a municipality who holds a permanent peace officer

license issued under Chapter 1701, Occupations Code;

(33) an officer commissioned by the State Board of

Dental Examiners under Section 254.013, Occupations Code, subject

to the limitations imposed by that section; [ and ]

(34) [ (33) ] an Alamo complex ranger commissioned by

the General Land Office under Section 31.0515, Natural Resources

Code, subject to the limitations imposed by that section; and

(35) an officer commissioned by the Texas Education

Agency as an officer under Section 37.1031, Education Code

[ investigator commissioned by the Texas Juvenile Justice

Department as an officer under Section 221.011, Human Resources

Code ].

SECTION 2. Section 7.021, Education Code, is amended by

adding Subsection (d) to read as follows:

(d) The agency may commission peace officers as provided by

Section 37.1031 to enforce Subchapter D, Chapter 37.

SECTION 3. Section 37.0814, Education Code, is amended by

adding Subsection (d-1) to read as follows:

(d-1) A good cause exception claimed by the board of

trustees of a school district under Subsection (c) expires on the

fifth anniversary of the date the exception is claimed. On the

expiration of the exception, the board must reevaluate whether the

board is able to comply with this section and, if not, renew:

(1) the claim for an exception under Subsection (c);

and

(2) the alternative standard developed under

Subsection (d).

SECTION 4. Subchapter D, Chapter 37, Education Code, is

amended by adding Section 37.1031 to read as follows:

Sec. 37.1031. AGENCY PEACE OFFICERS. (a) The agency may

commission as a peace officer to enforce this subchapter an

employee who has been certified as qualified to be a peace officer

by the Texas Commission on Law Enforcement.

(b) An employee commissioned as a peace officer under this

section has the powers, privileges, and immunities of a peace

officer while carrying out duties as a peace officer under this

subchapter.

SECTION 5. Section 37.108(f), Education Code, is amended to

read as follows:

(f) A school district shall include in its multihazard

emergency operations plan:

(1) a chain of command that designates the individual

responsible for making final decisions during a disaster or

emergency situation and identifies other individuals responsible

for making those decisions if the designated person is unavailable;

(2) provisions that address physical and

psychological safety for responding to a natural disaster, active

shooter, and any other dangerous scenario identified for purposes

of this section by the agency or the Texas School Safety Center;

(3) provisions for ensuring the safety of students in

portable buildings;

(4) provisions for ensuring that students and district

personnel with disabilities are provided equal access to safety

during a disaster or emergency situation;

(5) provisions for providing immediate notification

to parents, guardians, and other persons standing in parental

relation in circumstances involving a significant threat to the

health or safety of students, including identification of the

individual with responsibility for overseeing the notification;

(6) provisions for supporting the psychological

safety of students, district personnel, and the community during

the response and recovery phase following a disaster or emergency

situation that:

(A) are aligned with best practice-based

programs and research-based practices recommended under Section

38.351;

(B) include strategies for ensuring any required

professional development training for suicide prevention and

grief-informed and trauma-informed care is provided to appropriate

school personnel;

(C) include training on integrating

psychological safety and suicide prevention strategies into the

district's plan, such as psychological first aid for schools

training, from an approved list of recommended training established

by the commissioner and Texas School Safety Center for:

(i) members of the district's school safety

and security committee under Section 37.109;

(ii) district school counselors and mental

health professionals; and

(iii) educators and other district

personnel as determined by the district;

(D) include strategies and procedures for

integrating and supporting physical and psychological safety that

align with the provisions described by Subdivision (2); and

(E) implement trauma-informed policies;

(7) a policy for providing a substitute teacher access

to school campus buildings and materials necessary for the

substitute teacher to carry out the duties of a district employee

during an emergency or a mandatory emergency drill;

(8) provisions, as determined by the agency, for

ensuring the safety of students, staff, and spectators during

extracurricular activities sponsored or sanctioned by the

district;

(9) the name of each individual on the district's

school safety and security committee established under Section

37.109 and the date of each committee meeting during the preceding

year; and

(10) [ (9) ] certification that the district is in

compliance with Section 37.117.

SECTION 6. Subchapter D, Chapter 37, Education Code, is

amended by adding Section 37.1088 to read as follows:

Sec. 37.1088. AGENCY REPORT ON SCHOOL SAFETY. (a) Not

later than December 31 of each year, the agency shall prepare and

submit to the governor, the lieutenant governor, the speaker of the

house of representatives, and each standing committee of each house

of the legislature with primary jurisdiction over primary and

secondary education, finance, and appropriations a report that

includes the deidentified results of the vulnerability assessments

and intruder detection audits conducted under Sections 37.1083 and

37.1084 during the preceding year.

(b) The report under Subsection (a) must include

recommendations and possible corrective actions for specific

deficiencies in campus security identified at multiple school

districts and open-enrollment charter schools.

SECTION 7. Section 37.222(b), Education Code, is amended to

read as follows:

(b) At least three times each school year, each [ Each ]

school district and open-enrollment charter school shall provide

the information and other resources described under Subsection (a)

to the parent or guardian of each student enrolled in the district

or school.

SECTION 8. Section 37.353, Education Code, is amended by

adding Subsection (c) to read as follows:

(c) A good cause exception claimed by a school district

under Subsection (a) expires on the fifth anniversary of the date on

which the exception is claimed. On the expiration of the exception,

the district must reevaluate whether the district is able to comply

with each school facility standard related to safety and security,

and if not, renew:

(1) the claim for an exception under Subsection (a);

and

(2) the alternative performance standard developed

under Subsection (b).

SECTION 9. Sections 85.024(a) and (b), Local Government

Code, are amended 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 a meeting at least twice each year [ 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) other related subjects proposed by a person in

attendance at the meeting.

(b) The sheriff of a county to which this section applies in

which more than one public school is located is only required to

hold one [ semiannual ] meeting described by Subsection (a) for all

the public schools located in the county . This subsection does not

require public schools located within the same county to adopt the

same school safety policies.

SECTION 10. This Act applies beginning with the 2025-2026

school year.

SECTION 11. To the extent of any conflict, this Act prevails

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

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 12. 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.