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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a volunteer school protection force |
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established by a county sheriff for purposes of school district |
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safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0816 to read as follows: |
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Sec. 37.0816. VOLUNTEER SCHOOL PROTECTION FORCE. (a) The |
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board of trustees of a school district may enter into a memorandum |
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of understanding with the sheriff of a county in which the school |
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district is located to provide security services and school safety |
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at district campuses with a volunteer school protection force |
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established by the sheriff under Section 85.024, Local Government |
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Code. |
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(b) A memorandum of understanding entered into under |
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Subsection (a): |
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(1) must require: |
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(A) the district to provide written regulations |
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or written authorization in accordance with Section 46.03(a)(1), |
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Penal Code, for each member of the volunteer school protection |
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force to carry or possess a firearm at district campuses for the |
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purpose of providing security services and school safety; and |
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(B) members of the volunteer school protection |
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force to only act to prevent injury to students, school staff, or |
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other members of the community without undertaking any other duties |
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of a peace officer, a school resource officer, security personnel, |
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or an educator; and |
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(2) may grant the sheriff decision-making authority |
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over decisions affecting school safety. |
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SECTION 2. Subchapter B, Chapter 85, Local Government Code, |
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is amended by adding Section 85.024 to read as follows: |
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Sec. 85.024. VOLUNTEER SCHOOL PROTECTION FORCE. (a) In |
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this section, "school protection force" means a volunteer school |
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protection force established under this section. |
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(b) A sheriff who enters into a memorandum of understanding |
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with a school district under Section 37.0816, Education Code, |
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authorizing the sheriff to engage a school protection force may |
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recruit members of the force to provide security services and |
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school safety at school district campuses, in the manner provided |
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under the memorandum. |
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(c) Members recruited under Subsection (b) may include |
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volunteers who: |
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(1) are either: |
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(A) a former law enforcement officer; |
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(B) a military veteran; or |
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(C) another competent individual, as determined |
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in the sheriff's sole discretion; and |
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(2) meet the minimum standards for licensure |
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established by the Texas Commission on Law Enforcement under |
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Section 1701.151, Occupations Code, and other applicable |
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requirements for licensure as a peace officer as provided by |
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commission rule. |
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(d) The sheriff's department: |
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(1) must provide members of a school protection force |
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with: |
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(A) any necessary training for service on a |
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school protection force, as determined by the sheriff; and |
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(B) radio communication equipment or a crisis |
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alert badge that allows for immediate communication in an |
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emergency; and |
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(2) may provide a member of a school protection force |
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appropriate ammunition for a firearm authorized under the |
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memorandum of understanding under Section 37.0816(b), Education |
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Code, and legally possessed by the member for the purpose of |
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providing security services and school safety as a member of a |
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school protection force. |
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(e) A member of a school protection force: |
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(1) may only act to prevent injury to students, school |
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staff, and other members of the community; |
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(2) must complete any training required by the sheriff |
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under Subsection (d)(1); and |
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(3) must provide any necessary equipment not provided |
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by the sheriff's department. |
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(f) A sheriff's department may accept donations or |
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assistance, including assistance from a council of government |
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created under Chapter 391, for purposes of providing training or |
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equipment to members of a school protection force under this |
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section. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |