bill requires college emergency plans for people with disabilities

The text as introduced · 831 words

89R2753 MM-D

By: Menéndez
S.B. No. 752

A BILL TO BE ENTITLED

AN ACT

relating to measures to ensure the safety of individuals with

disabilities during an emergency situation at public postsecondary

institutions.

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

SECTION 1. 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. 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) ; and

(5) measures for ensuring that, during an emergency

situation, students, institution personnel, and guests with

disabilities are provided equal access to safety based on the rules

adopted by the Texas Higher Education Coordinating Board under

Section 61.06643, including the development of an emergency plan

that will accommodate individuals with different disabilities and

provide them with access to emergency evacuation assistance devices

in appropriate circumstances .

SECTION 2. Subchapter E, Chapter 51, Education Code, is

amended by adding Section 51.222 to read as follows:

Sec. 51.222. EMERGENCY EVACUATION ASSISTANCE DEVICES

REQUIRED. (a) In this section, "institution of higher education"

has the meaning assigned by Section 61.003.

(b) For each building that is located on the campus of an

institution of higher education and that has two or more floors, the

institution shall install on each floor emergency evacuation

assistance devices for use by individuals with disabilities who

require mobility assistance.

(c) An institution may use any available revenue, including

grants under Section 61.06644 and legislative appropriations, and

may solicit and accept gifts, grants, and donations from any public

or private source for the purposes of this section.

SECTION 3. Subchapter C, Chapter 61, Education Code, is

amended by adding Sections 61.06643 and 61.06644 to read as

follows:

Sec. 61.06643. RULES REGARDING MULTIHAZARD EMERGENCY

OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES. (a)

The board shall adopt rules for the required provisions in an

institution's multihazard emergency operations plan under Section

51.217(b)(5) to ensure the safety of students, institution

personnel, and guests with disabilities during an emergency

situation.

(b) In adopting rules under Subsection (a), the board shall

consult with:

(1) the advisory council on postsecondary education

for persons with intellectual and developmental disabilities

established under Section 61.06641;

(2) the Governor's Committee on People with

Disabilities; and

(3) the Texas Council for Developmental Disabilities.

(c) An institution must follow the rules adopted by the

board under Subsection (a) in adopting and implementing the

institution's multihazard emergency operations plan under Section

51.217.

Sec. 61.06644. EMERGENCY EVACUATION ASSISTANCE DEVICES FOR

INDIVIDUALS WITH DISABILITIES GRANT PROGRAM. (a) The board shall

establish and administer the emergency evacuation assistance

devices for individuals with disabilities grant program to provide

grants to institutions of higher education to enable those

institutions to purchase and install, and to train institution

personnel to operate, any emergency evacuation assistance devices

required under Section 51.222.

(b) In awarding grants under this section, the board shall

give priority to institutions that demonstrate the highest need

based on the number of students on the institution's campus who

would require an emergency evacuation assistance device in an

emergency situation.

(c) A grant provided under this section:

(1) must be used for purchasing and installing any

emergency evacuation assistance devices required under Section

51.222; and

(2) may be used to provide any training that is

necessary for institution personnel to:

(A) administer the institution's evacuation plan

with respect to the devices; or

(B) assist other individuals in operating the

devices.

(d) The board may solicit and accept gifts, grants, and

donations from any public or private source for purposes of this

section.

(e) The board shall adopt rules for the administration of

this section, including rules creating a process for institutions

of higher education to apply for grants, establishing procedures

and criteria for evaluating those applications and awarding the

grants, and verifying that grant funds awarded under this section

are used appropriately.

SECTION 4. As soon as practicable after the effective date

of this Act but not later than May 1, 2026, the Texas Higher

Education Coordinating Board shall adopt the rules required by

Sections 61.06643 and 61.06644, Education Code, as added by this

Act.

SECTION 5. Section 51.222, Education Code, as added by this

Act, applies beginning with the 2026-2027 academic year.

SECTION 6. 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.