Bill Text: TX HB1537 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to the submission by law enforcement agencies to certain public school personnel of a handle with care notice concerning a traumatic event experienced by a public school student and to certain required training regarding those notices.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2023-05-11 - Postponed 6/1/23 10:00 AM [HB1537 Detail]

Download: Texas-2023-HB1537-Comm_Sub.html
  88R10053 TSS-D
 
  By: Howard, Lalani, et al. H.B. No. 1537
 
  Substitute the following for H.B. No. 1537:
 
  By:  Thompson of Harris C.S.H.B. No. 1537
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the submission by law enforcement agencies to certain
  public school personnel of a handle with care notice concerning a
  traumatic event experienced by a public school student and to
  certain required training regarding those notices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  It is the intent of the legislature that handle
  with care notices submitted and received under Article 2.36, Code
  of Criminal Procedure, as added by this Act, lead to greater
  understanding of and noninterventional care for students in public
  schools in this state who have experienced a traumatic event, but do
  not result in active interference with or the singling out of the
  student.
         SECTION 2.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.36 to read as follows:
         Art. 2.36.  HANDLE WITH CARE NOTICE REGARDING CERTAIN PUBLIC
  SCHOOL STUDENTS. (a)  This article applies in any situation in
  which a law enforcement agency determines that a public school
  student witnessed or otherwise experienced a traumatic event. For
  purposes of this article, a "traumatic event" includes the
  following events:
               (1)  the arrest of an individual who resides with a
  student;
               (2)  the execution of a search warrant at a student's
  residence;
               (3)  an overdose of alcohol or of a controlled
  substance by an individual who resides with a student;
               (4)  suicide or attempted suicide committed by an
  individual who resides with a student;
               (5)  an incident involving family violence, as defined
  by Section 71.004, Family Code;
               (6)  an incident of assault or sexual assault; 
               (7)  a severe motor vehicle accident that causes bodily
  injury or death;
               (8)  a mass shooting;
               (9)  a student's forced displacement from the student's
  residence;
               (10)  the death of an individual who resides with the
  student or another incident that could be expected to cause the
  student to be affected by grief;
               (11)  a fire that causes severe property damage or
  bodily injury or death; or
               (12)  any other event that a peace officer responding
  to or taking a report regarding the event has reason to believe will
  negatively impact a student's ability to succeed in school.
         (b)  A law enforcement agency that determines, in the course
  of providing law enforcement services, that an individual who is
  enrolled as a student in a public primary or secondary school has
  experienced a traumatic event may submit a handle with care notice
  to the superintendent or other designated school employee at the
  school at which the student is enrolled.
         (c)  A handle with care notice must include, if known:
               (1)  the student's name, age, and grade level; and
               (2)  the school at which the student is enrolled.
         (d)  A law enforcement agency shall submit handle with care
  notices using an electronic system that automatically sends a copy
  of the notice to the regional education service center serving the
  school at which the student who is the subject of the notice is
  enrolled.
         (e)  A superintendent or other designated school employee
  who receives a handle with care notice shall immediately provide a
  copy of the handle with care notice to all instructional and support
  personnel who have responsibility for supervision of the student
  who is the subject of the notice.
         (f)  Information contained in a handle with care notice
  authorized under this article is confidential and exempt from
  disclosure except as provided by this article or other applicable
  state and federal law. Except as provided by Subsection (e), all
  school personnel who receive a copy of the handle with care notice
  shall keep that information confidential.
         (g)  A law enforcement agency must ensure that law
  enforcement officers and other agency employees receive
  appropriate training regarding a handle with care notice, including
  by requiring appropriate agency personnel to attend the training
  established and maintained under Section 1701.2635, Occupations
  Code.
         SECTION 3.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.035 to read as follows:
         Sec. 38.035.  HANDLE WITH CARE NOTICE TRAINING COURSE. (a)  
  The agency shall establish and maintain a one-hour training course
  regarding handle with care notices for school district or
  open-enrollment charter school employees who have responsibility
  for the supervision of students.
         (b)  The training course must provide information on the
  implementation of procedures relating to handle with care notices
  authorized under Article 2.36, Code of Criminal Procedure,
  including appropriate methods of monitoring and responding to a
  student who is the subject of a handle with care notice.
         (c)  Each school district and open-enrollment charter school
  shall ensure that appropriate personnel complete the training
  course established under this section.
         (d)  The State Board for Educator Certification shall
  propose rules allowing an educator to receive credit toward the
  educator's continuing education requirements for completion of a
  course established under this section.
         SECTION 4.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.2635 to read as follows:
         Sec. 1701.2635.  HANDLE WITH CARE NOTICE TRAINING PROGRAM.
  The commission shall establish and maintain a one-time training
  program for peace officers and other employees of law enforcement
  agencies that provides information on the implementation of
  procedures relating to handle with care notices authorized under
  Article 2.36, Code of Criminal Procedure.
         SECTION 5.  As soon as practicable after the effective date
  of this Act:
               (1)  the Texas Education Agency shall develop the
  handle with care notice training course as required by Section
  38.035, Education Code, as added by this Act;
               (2)  the State Board for Educator Certification shall
  propose rules allowing an educator to receive credit toward the
  educator's continuing education requirements for completion of the
  handle with care notice training course as required by Section
  38.035, Education Code, as added by this Act; and
               (3)  the Texas Commission on Law Enforcement shall
  establish the handle with care notice training program as required
  by Section 1701.2635, Occupations Code, as added by this Act.
         SECTION 6.  This Act takes effect September 1, 2023.
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