Bill Text: TX HB110 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to the school safety allotment under the public school finance system; making an appropriation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-15 - Filed [HB110 Detail]
Download: Texas-2023-HB110-Introduced.html
By: Guillen | H.B. No. 110 |
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relating to the school safety allotment under the public school | ||
finance system; making an appropriation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.0814, Education Code, is amended by | ||
amending Subsection (b) to read as follows: | ||
Sec. 37.0814. ARMED SECURITY OFFICER REQUIRED. (a) The | ||
board of trustees of each school district shall determine the | ||
appropriate number of armed security officers for each district | ||
campus. The board must ensure that at least one armed security | ||
officer is present during regular school hours at each district | ||
campus. | ||
(b) A security officer described by Subsection (a) must be: | ||
(1) a school district peace officer; | ||
(2) a school resource officer; |
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(3) a commissioned peace officer employed as security | ||
personnel under Section 37.081; or | ||
(4) a canine unit as defined by Section 108.001, | ||
Business and Commerce Code. | ||
(c) If the board of trustees of a school district is unable | ||
to comply with this section, the board may claim a good cause | ||
exception from the requirement to comply with this section if the | ||
district's noncompliance is due to the availability of: | ||
(1) funding; or | ||
(2) personnel who qualify to serve as a security | ||
officer described by Subsection (a). | ||
(d) The board of trustees of a school district that claims a | ||
good cause exception under Subsection (c) must develop an | ||
alternative standard with which the district is able to comply, | ||
which may include providing a person to act as a security officer | ||
who is: | ||
(1) a school marshal; or | ||
(2) a school district employee or a person with whom | ||
the district contracts who: | ||
(A) has completed school safety training | ||
provided by a qualified handgun instructor certified in school | ||
safety under Section 411.1901, Government Code; and | ||
(B) carries a handgun on school premises in | ||
accordance with written regulations or written authorization of the | ||
district under Section 46.03(a)(1)(A), Penal Code. | ||
(e) The board of trustees of a school district must develop | ||
and maintain documentation of the district's implementation of and | ||
compliance with this section, including documentation related to a | ||
good cause exception claimed under Subsection (c), and shall, if | ||
requested by the agency, provide that documentation to the agency | ||
in the manner prescribed by the agency. | ||
SECTION 2. Section 48.115, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-2) to read as | ||
follows: | ||
Sec. 48.115. SCHOOL SAFETY ALLOTMENT. (a) Except as | ||
provided by Subsections (a-1) and (a-2), a school district is | ||
entitled to an annual allotment equal to the sum of the following | ||
amounts or a greater amount provided by appropriation: | ||
(1) $100 [ |
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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) $100,000 [ |
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(a-1) A school district campus that provides only virtual | ||
instruction or utilizes only facilities not subject to the | ||
district's control is not included for purposes of determining a | ||
school district's allotment under Subsection (a). | ||
(a-2) Beginning with the 2024-2025 school year, to be | ||
eligible to receive an allotment under Subsection (a), a school | ||
district must ensure that: | ||
(1) during regular school hours at least one security | ||
officer armed with a firearm is present at each district campus. | ||
For purposes of this subsection, a security officer must be: | ||
(A) a school district peace officer; | ||
(B) a school resource officer; | ||
(C) a commissioned peace officer employed as | ||
security personnel under Section 37.081; or | ||
(D) a canine unit as defined by Section 108.001, | ||
Business and Commerce Code; and | ||
(2) at least one school marshal, school resource | ||
officer, commissioned peace officer, school district peace | ||
officer, or canine unit, armed with a firearm and who has at | ||
minimum received training comparable to section 1701.260(c), | ||
Occupations Code, is appointed, assigned, or employed for every 200 | ||
enrolled students. | ||
SECTION 3. Section 18.78, Article IX, Chapter 1170 (H.B. | ||
1), Acts of the 88th Legislature, Regular Session, 2023 (the | ||
General Appropriations Act), is amended by adding Subsections (m) | ||
and (n) to read as follows: | ||
(m) It is the intent of the legislature that money | ||
appropriated under Subsection (c) of this section be expended | ||
equally in each year of the 2024-25 fiscal biennium, not including | ||
any supplemental funds appropriated in 2025 for the same or a | ||
similar purpose. | ||
(n) In addition to amounts appropriated elsewhere in this | ||
Act, TEA is appropriated $2,000,000,000 from general revenue to | ||
implement the provisions of H.B.___, Acts of the 88th Legislature, | ||
4th Called Session, 2023. | ||
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 on the 91st day after the last day of the | ||
legislative session. |