Bill Text: TX HB249 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to a school security volunteer program in certain counties.
Spectrum: Partisan Bill (Republican 25-1)
Status: (Engrossed - Dead) 2023-05-02 - Referred to Education [HB249 Detail]
Download: Texas-2023-HB249-Engrossed.html
| By: Rogers, Lozano, Darby, | H.B. No. 249 | |
| Harris of Anderson, Buckley, et al. | ||
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| 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 2023-2024 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, 2023. | ||
