Bill Text: TX HB33 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to active shooter incidents at primary and secondary school facilities and other emergencies.
Sponsorship: Moderate Partisan Bill (Republican 77-19)
Status: (Passed) 2025-06-20 - Effective on 9/1/25 [HB33 Detail]
Download: Texas-2025-HB33-Enrolled.html
| H.B. No. 33 | ||
|
|
||
| relating to active shooter incidents at primary and secondary | ||
| school facilities and other emergencies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Uvalde Strong Act. | ||
| SECTION 2. Section 12.104(b), Education Code, is amended to | ||
| read as follows: | ||
| (b) An open-enrollment charter school is subject to: | ||
| (1) a provision of this title establishing a criminal | ||
| offense; | ||
| (2) the provisions in Chapter 554, Government Code; | ||
| and | ||
| (3) a prohibition, restriction, or requirement, as | ||
| applicable, imposed by this title or a rule adopted under this | ||
| title, relating to: | ||
| (A) the Public Education Information Management | ||
| System (PEIMS) to the extent necessary to monitor compliance with | ||
| this subchapter as determined by the commissioner; | ||
| (B) criminal history records under Subchapter C, | ||
| Chapter 22; | ||
| (C) reading instruments and accelerated reading | ||
| instruction programs under Section 28.006; | ||
| (D) accelerated instruction under Section | ||
| 28.0211; | ||
| (E) high school graduation requirements under | ||
| Section 28.025; | ||
| (F) special education programs under Subchapter | ||
| A, Chapter 29; | ||
| (G) bilingual education under Subchapter B, | ||
| Chapter 29; | ||
| (H) prekindergarten programs under Subchapter E | ||
| or E-1, Chapter 29, except class size limits for prekindergarten | ||
| classes imposed under Section 25.112, which do not apply; | ||
| (I) extracurricular activities under Section | ||
| 33.081; | ||
| (J) discipline management practices or behavior | ||
| management techniques under Section 37.0021; | ||
| (K) health and safety under Chapter 38; | ||
| (L) the provisions of Subchapter A, Chapter 39; | ||
| (M) public school accountability and special | ||
| investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
| 39, and Chapter 39A; | ||
| (N) the requirement under Section 21.006 to | ||
| report an educator's misconduct; | ||
| (O) intensive programs of instruction under | ||
| Section 28.0213; | ||
| (P) the right of a school employee to report a | ||
| crime, as provided by Section 37.148; | ||
| (Q) bullying prevention policies and procedures | ||
| under Section 37.0832; | ||
| (R) the right of a school under Section 37.0052 | ||
| to place a student who has engaged in certain bullying behavior in a | ||
| disciplinary alternative education program or to expel the student; | ||
| (S) the right under Section 37.0151 to report to | ||
| local law enforcement certain conduct constituting assault or | ||
| harassment; | ||
| (T) a parent's right to information regarding the | ||
| provision of assistance for learning difficulties to the parent's | ||
| child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
| (U) establishment of residency under Section | ||
| 25.001; | ||
| (V) school safety requirements under Sections | ||
| 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, | ||
| 37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, | ||
| and 37.2071 and Subchapter J, Chapter 37; | ||
| (W) the early childhood literacy and mathematics | ||
| proficiency plans under Section 11.185; | ||
| (X) the college, career, and military readiness | ||
| plans under Section 11.186; and | ||
| (Y) parental options to retain a student under | ||
| Section 28.02124. | ||
| SECTION 3. Sections 37.108(a) and (b), Education Code, are | ||
| amended to read as follows: | ||
| (a) Each school district or public junior college district | ||
| shall adopt and implement a multihazard emergency operations plan | ||
| for use in the district's facilities. The plan must address | ||
| prevention, mitigation, preparedness, response, and recovery, | ||
| including the prompt recovery of services provided by the school | ||
| district or public junior college district, as defined by the Texas | ||
| School Safety Center in conjunction with the governor's office of | ||
| homeland security, the commissioner of education, and the | ||
| commissioner of higher education. The plan must provide for: | ||
| (1) training in responding to an emergency for | ||
| district employees, including substitute teachers; | ||
| (2) measures to ensure district employees, including | ||
| substitute teachers, have classroom access to a telephone, | ||
| including a cellular telephone, or another electronic | ||
| communication device allowing for immediate contact with district | ||
| emergency services or emergency services agencies, law enforcement | ||
| agencies, health departments, and fire departments; | ||
| (3) measures to ensure district communications | ||
| technology and infrastructure are adequate to allow for | ||
| communication during an emergency, including measures to ensure the | ||
| use of standardized response protocol terminology, developed in | ||
| coordination with the Texas School Safety Center, to facilitate | ||
| communication between law enforcement, emergency services, | ||
| district employees, and the public; | ||
| (4) if the plan applies to a school district, | ||
| mandatory school drills and exercises, including drills required | ||
| under Section 37.114, to prepare district students and employees | ||
| for responding to an emergency; | ||
| (5) measures to ensure coordination with the | ||
| Department of State Health Services and local emergency management | ||
| agencies, law enforcement, health departments, and fire | ||
| departments in the event of an emergency; | ||
| (6) the implementation of a safety and security audit | ||
| as required by Subsection (b); and | ||
| (7) any other requirements established by the Texas | ||
| School Safety Center in consultation with the agency and relevant | ||
| local law enforcement agencies. | ||
| (b) At least once every three years, each school district or | ||
| public junior college district shall conduct a safety and security | ||
| audit of the district's facilities that includes a security review | ||
| as described by Section 37.1087 for each district facility. A | ||
| district, or a person included in the registry established by the | ||
| Texas School Safety Center under Section 37.2091 who is engaged by | ||
| the district to conduct a safety and security audit, shall follow | ||
| safety and security audit procedures developed by the Texas School | ||
| Safety Center in coordination with the commissioner of education or | ||
| commissioner of higher education, as applicable. | ||
| SECTION 4. Section 37.1083(a), Education Code, is amended | ||
| to read as follows: | ||
| (a) The agency shall monitor the implementation and | ||
| operation of requirements related to school district safety and | ||
| security, including school district: | ||
| (1) multihazard emergency operations plans; [ |
||
| (2) safety and security audits; and | ||
| (3) security reviews. | ||
| SECTION 5. Subchapter D, Chapter 37, Education Code, is | ||
| amended by adding Section 37.1087 to read as follows: | ||
| Sec. 37.1087. SECURITY REVIEW. (a) If a school district | ||
| constructs, acquires, renovates, or improves a district facility, | ||
| the district shall, as soon as practicable, conduct a security | ||
| review of the facility to: | ||
| (1) determine whether the facility meets school safety | ||
| and security requirements as described by commissioner rule; and | ||
| (2) identify security vulnerabilities at the facility | ||
| in the event of an active shooter incident and describe strategies | ||
| to mitigate each vulnerability identified. | ||
| (b) The commissioner, in consultation with the Department | ||
| of Public Safety, the Texas Division of Emergency Management, and | ||
| the Texas School Safety Center, shall ensure that the rules adopted | ||
| or amended under Section 7.061 include rules for the review | ||
| required under this section. | ||
| SECTION 6. Subchapter D, Chapter 37, Education Code, is | ||
| amended by adding Section 37.1171 to read as follows: | ||
| Sec. 37.1171. AVAILABILITY OF BREACHING TOOL AND BALLISTIC | ||
| SHIELD. Each school district and open-enrollment charter school | ||
| must have at least one breaching tool and one ballistic shield | ||
| available for use at each campus in the event of an active shooter | ||
| incident. | ||
| SECTION 7. 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, | ||
| including the prompt recovery of services provided by the | ||
| institution. 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). | ||
| SECTION 8. Subchapter C, Chapter 96, Education Code, is | ||
| amended by adding Section 96.42 to read as follows: | ||
| Sec. 96.42. ADVANCED LAW ENFORCEMENT RAPID RESPONSE | ||
| TRAINING CENTER; CERTAIN DUTIES. (a) In this section: | ||
| (1) "Center" means the Advanced Law Enforcement Rapid | ||
| Response Training Center at Texas State University--San Marcos. | ||
| (2) "Emergency medical services personnel" and | ||
| "emergency medical services provider" have the meanings assigned by | ||
| Section 773.003, Health and Safety Code. | ||
| (3) "Local law enforcement agency" means a political | ||
| subdivision of this state authorized by law to employ or appoint | ||
| peace officers. | ||
| (b) The center shall create a template for use by a local law | ||
| enforcement agency or emergency medical services provider in | ||
| evaluating and reporting on the agency's or provider's response to | ||
| an active shooter incident at a primary or secondary school | ||
| facility under Section 418.1873, Government Code. The center may | ||
| collaborate with the Texas Division of Emergency Management, the | ||
| Department of Public Safety, the Sheriffs' Association of Texas, or | ||
| the Texas Police Chiefs Association to develop the template. The | ||
| template must include: | ||
| (1) prompts for reporting on the following items: | ||
| (A) a brief description and outcome of the active | ||
| shooter incident; | ||
| (B) a statement of personnel and equipment | ||
| deployed during the incident; | ||
| (C) a cost analysis, including salaries, | ||
| equipment, and incidentals; | ||
| (D) a copy of appropriate incident logs and | ||
| reports; | ||
| (E) any maps, forms, or related documentation | ||
| used in responding to or evaluating the agency's or provider's | ||
| response to the incident; | ||
| (F) a summary of any deaths or injuries that | ||
| occurred as a result of the incident; | ||
| (G) any information relating to the status of | ||
| criminal investigations and subsequent prosecutions arising out of | ||
| the incident; and | ||
| (H) a final evaluation, including: | ||
| (i) conclusions relating to the agency's or | ||
| provider's response to the incident; | ||
| (ii) problems encountered during the | ||
| response regarding personnel, equipment, resources, or multiagency | ||
| response; | ||
| (iii) suggestions for revising policy, such | ||
| as improving training and equipment; and | ||
| (iv) any additional considerations that | ||
| would improve the agency's or provider's response to active shooter | ||
| incidents at primary or secondary school facilities in the future; | ||
| and | ||
| (2) any other content the center considers | ||
| appropriate. | ||
| (c) The center shall develop a training program for peace | ||
| officers and emergency medical services personnel for responding to | ||
| active shooter incidents at primary and secondary school facilities | ||
| as required by Section 418.1877(b), Government Code. In developing | ||
| the training program, the center: | ||
| (1) shall incorporate, if available, the findings of | ||
| at least one final report submitted under Section 418.1873, | ||
| Government Code, regarding a local law enforcement agency's or | ||
| emergency medical services provider's response to an active shooter | ||
| incident at a primary or secondary school facility; and | ||
| (2) may collaborate with the Texas Division of | ||
| Emergency Management, the Texas Commission on Law Enforcement, the | ||
| Department of Public Safety, or the Department of State Health | ||
| Services. | ||
| (d) In developing the training program under Subsection | ||
| (c), if a report described by Subsection (c)(1) is not immediately | ||
| available, the center shall update the training program as soon as a | ||
| report described by that subdivision becomes available to | ||
| incorporate the report's findings. | ||
| SECTION 9. Subchapter L-1, Chapter 411, Government Code, is | ||
| amended by adding Section 411.3735 to read as follows: | ||
| Sec. 411.3735. CERTIFICATION AND CONTINUING EDUCATION | ||
| REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) In this | ||
| section: | ||
| (1) "Division" means the Texas Division of Emergency | ||
| Management. | ||
| (2) "Public information officer" means an individual | ||
| who is employed or appointed by a state agency or local government | ||
| entity and whose duties include communicating with the public | ||
| during a disaster regarding the disaster. | ||
| (b) Each of the following entities shall employ or appoint a | ||
| public information officer who must obtain certification in | ||
| emergency communications from the division and complete continuing | ||
| education on emergency communications as provided by Subchapter K, | ||
| Chapter 418: | ||
| (1) a municipal police department; | ||
| (2) a sheriff's office; | ||
| (3) a county constable's office; | ||
| (4) a school district police department; and | ||
| (5) the department. | ||
| (c) The chief administrative officer of an agency may be | ||
| appointed or employed as a public information officer. | ||
| SECTION 10. Subchapter C, Chapter 418, Government Code, is | ||
| amended by adding Section 418.059 to read as follows: | ||
| Sec. 418.059. GUIDE ON PREPARING FOR AND RESPONDING TO | ||
| ACTIVE SHOOTER INCIDENT AT SCHOOL FACILITY. (a) The division, in | ||
| coordination with the Emergency Management Council, shall develop a | ||
| guide on preparing for and responding to an active shooter incident | ||
| at a primary or secondary school facility for civic, volunteer, and | ||
| community organizations. | ||
| (b) The division shall post the guide on the division's | ||
| Internet website for public use. The guide must provide a | ||
| comprehensive approach to preparing for and responding to active | ||
| shooter incidents at primary and secondary school facilities and | ||
| include information on: | ||
| (1) understanding mass violence incidents and best | ||
| practices for community engagement related to those incidents; | ||
| (2) incident command structure; | ||
| (3) coordination of and access to resources, including | ||
| trauma and support services, acute support services, long-term | ||
| support services, spiritual support services, and family or victim | ||
| assistance; | ||
| (4) long-term recovery and community resilience; | ||
| (5) communication coordination; | ||
| (6) training and planning resources; and | ||
| (7) preserving and restoring community cohesion and | ||
| public life after the incident. | ||
| (c) In developing and revising the guide, the division may, | ||
| in collaboration with the department, seek the advice and | ||
| assistance of local governments, civic organizations, volunteer | ||
| organizations, and community leaders. | ||
| SECTION 11. Subchapter H, Chapter 418, Government Code, is | ||
| amended by adding Sections 418.1873 and 418.1877 to read as | ||
| follows: | ||
| Sec. 418.1873. EVALUATION AND REPORT ON RESPONSE TO ACTIVE | ||
| SHOOTER INCIDENT AT SCHOOL FACILITY REQUIRED FOR CERTAIN ENTITIES. | ||
| (a) In this section: | ||
| (1) "Emergency medical services" and "emergency | ||
| medical services provider" have the meanings assigned by Section | ||
| 773.003, Health and Safety Code. | ||
| (2) "Local law enforcement agency" means a political | ||
| subdivision of this state authorized by law to employ or appoint | ||
| peace officers. | ||
| (b) Each local law enforcement agency and emergency medical | ||
| services provider that responds to an active shooter incident at a | ||
| primary or secondary school facility by providing law enforcement | ||
| services or emergency medical services, or both, shall: | ||
| (1) not later than the 45th day after the date of the | ||
| incident, or as soon as practicable thereafter, initiate an | ||
| evaluation of the agency's or provider's response to the incident | ||
| and submit a preliminary report to the division, the department, | ||
| and the Advanced Law Enforcement Rapid Response Training Center at | ||
| Texas State University--San Marcos regarding, at minimum, the items | ||
| required in the template created under Section 96.42, Education | ||
| Code; and | ||
| (2) not later than the 90th day after the date of the | ||
| incident, or as soon as practicable thereafter, finalize the report | ||
| described by Subdivision (1) and submit the report to the division, | ||
| the department, and the Advanced Law Enforcement Rapid Response | ||
| Training Center at Texas State University--San Marcos. | ||
| (c) For purposes of implementing this section: | ||
| (1) the Texas Commission on Law Enforcement shall | ||
| adopt rules with respect to local law enforcement agencies; and | ||
| (2) the division shall adopt rules with respect to | ||
| emergency medical services and emergency medical services | ||
| providers. | ||
| (d) The division, in coordination with the Texas School | ||
| Safety Center, shall by rule define "active shooter incident" as an | ||
| incident involving an active shooter, as that term is defined by the | ||
| Federal Bureau of Investigation. | ||
| (e) A local law enforcement agency or emergency medical | ||
| services provider that complies with this section regarding an | ||
| active shooter incident at a primary or secondary school facility | ||
| is not required to conduct any evaluation or issue any report that | ||
| may be required under Section 418.188 regarding that incident. | ||
| (f) Information obtained or created by the division or the | ||
| department in carrying out their obligations under this section are | ||
| confidential and are not subject to disclosure under Chapter 552. | ||
| (g) Any meetings between a law enforcement agency or | ||
| emergency medical services provider and the division or the | ||
| department are not subject to the open meeting requirements of | ||
| Chapter 551. | ||
| Sec. 418.1877. TRAINING ON RESPONSES TO ACTIVE SHOOTER | ||
| INCIDENTS AT SCHOOL FACILITIES REQUIRED. (a) In this section: | ||
| (1) "Emergency medical services personnel" and | ||
| "emergency medical services provider" have the meanings assigned by | ||
| Section 773.003, Health and Safety Code. | ||
| (2) "Local law enforcement agency" has the meaning | ||
| assigned by Section 418.1873. | ||
| (b) The Texas Commission on Law Enforcement by rule shall | ||
| require the peace officers of each local law enforcement agency to | ||
| complete a training program for responding to active shooter | ||
| incidents at primary and secondary school facilities developed by | ||
| the Advanced Law Enforcement Rapid Response Training Center at | ||
| Texas State University--San Marcos as required by Section 96.42, | ||
| Education Code. | ||
| (c) The division by rule shall require the emergency medical | ||
| services personnel of each emergency medical services provider to | ||
| complete a training program for responding to active shooter | ||
| incidents at primary and secondary school facilities developed by | ||
| the division. The training program must involve reviewing at least | ||
| one final evaluation and report required by Section 418.1873. | ||
| (d) The division, the Texas Commission on Law Enforcement, | ||
| and the Department of State Health Services may adopt rules to | ||
| enforce this section. | ||
| SECTION 12. Chapter 418, Government Code, is amended by | ||
| adding Subchapter K to read as follows: | ||
| SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR | ||
| CERTAIN PUBLIC INFORMATION OFFICERS | ||
| Sec. 418.331. DEFINITION. In this subchapter, "public | ||
| information officer" means an individual who is employed or | ||
| appointed by a state agency, local government entity, or | ||
| open-enrollment charter school and whose duties include | ||
| communicating with the public during a disaster regarding the | ||
| disaster. | ||
| Sec. 418.332. CERTIFICATION AND CONTINUING EDUCATION | ||
| REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a) Each of the | ||
| following entities shall employ or appoint a public information | ||
| officer who must obtain certification in emergency communications | ||
| from the division and complete continuing education on emergency | ||
| communications as provided by this subchapter: | ||
| (1) a municipality; | ||
| (2) a county; | ||
| (3) an independent school district; | ||
| (4) an open-enrollment charter school; and | ||
| (5) the division. | ||
| (b) The chief administrator of an agency may be appointed or | ||
| employed as a public information officer. | ||
| Sec. 418.333. CERTIFICATION AND CONTINUING EDUCATION. (a) | ||
| A public information officer described by Sections 411.3735 and | ||
| 418.332 shall: | ||
| (1) obtain certification from the division in | ||
| emergency communications not later than the first anniversary of | ||
| the date the public information officer was hired or appointed; and | ||
| (2) complete a continuing education program on | ||
| emergency communications approved by the division once during each | ||
| 12-month period beginning on the date the public information | ||
| officer obtained certification. | ||
| (b) The division shall establish minimum education and | ||
| training requirements for initial certification and continuing | ||
| education under this subchapter. The minimum requirements must | ||
| comply with the policies and standards developed by the Texas | ||
| Commission on Law Enforcement under Section 1701.163, Occupations | ||
| Code. These minimum requirements must include courses on: | ||
| (1) the National Incident Management System; | ||
| (2) the Incident Command System; and | ||
| (3) the basic skills and principles necessary to | ||
| fulfill the role of a public information officer with respect to | ||
| emergency communications. | ||
| (c) The division shall assist the entities subject to | ||
| Sections 411.3735 and 418.332 in identifying approved training | ||
| programs. | ||
| (d) The following courses may be taken to satisfy minimum | ||
| education and training requirements under this subchapter: | ||
| (1) a course provided by the Bill Blackwood Law | ||
| Enforcement Management Institute of Texas; or | ||
| (2) a course approved by the Texas Commission on Law | ||
| Enforcement. | ||
| Sec. 418.334. COMPLIANCE RECORDS; INSPECTION. (a) Each | ||
| entity subject to Section 418.332 shall: | ||
| (1) maintain records that demonstrate the compliance | ||
| of each public information officer employed or appointed by that | ||
| entity with the certification and continuing education | ||
| requirements of this subchapter; and | ||
| (2) submit to the division the compliance records | ||
| required to be maintained under Subdivision (1). | ||
| (b) The division shall permit inspection and copying by the | ||
| department of the compliance records the division maintains under | ||
| Subsection (a)(1) during reasonable hours and in a reasonable | ||
| manner. | ||
| Sec. 418.335. RULES. The division may adopt rules to | ||
| administer this subchapter. | ||
| SECTION 13. Subchapter A, Chapter 772, Government Code, is | ||
| amended by adding Sections 772.00791, 772.013, and 772.014 to read | ||
| as follows: | ||
| Sec. 772.00791. FIRST RESPONDER AND TELECOMMUNICATOR | ||
| ACTIVE ATTACK INTEGRATED RESPONSE TRAINING GRANT PROGRAM. (a) In | ||
| this section: | ||
| (1) "Criminal justice division" means the criminal | ||
| justice division established under Section 772.006. | ||
| (2) "First responder" has the meaning assigned by | ||
| Section 772.013. | ||
| (3) "Telecommunicator" has the meaning assigned by | ||
| Section 1701.001, Occupations Code. | ||
| (b) The criminal justice division shall establish and | ||
| administer a grant program to provide financial assistance to first | ||
| responders and telecommunicators for the purpose of attending an | ||
| active attack integrated response training course through the | ||
| Advanced Law Enforcement Rapid Response Training Center at Texas | ||
| State University--San Marcos or a similar course approved by the | ||
| division. | ||
| (c) The criminal justice division shall establish: | ||
| (1) eligibility criteria for grant applicants; | ||
| (2) grant application procedures; | ||
| (3) criteria for evaluating grant applications and | ||
| awarding grants; | ||
| (4) guidelines related to grant amounts; and | ||
| (5) procedures for monitoring the use of a grant | ||
| awarded under this section and ensuring compliance with any | ||
| conditions of the grant. | ||
| (d) The criminal justice division may use any revenue | ||
| available for purposes of this section. | ||
| Sec. 772.013. COMPLEX EMERGENCY RESPONSE AND INVESTIGATION | ||
| PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL | ||
| SUBDIVISIONS. (a) In this section: | ||
| (1) "Department" means the Department of Public | ||
| Safety. | ||
| (2) "First responder" means: | ||
| (A) a peace officer described by Article 2A.001, | ||
| Code of Criminal Procedure; | ||
| (B) an individual included as fire protection | ||
| personnel by Section 419.021; and | ||
| (C) an individual included as emergency medical | ||
| services personnel by Section 773.003, Health and Safety Code. | ||
| (b) To prepare for complex responses to and investigations | ||
| of emergencies that require mutual aid and support from more than | ||
| one governmental entity, the department shall consult with the | ||
| sheriff of each county in which a primary or secondary school | ||
| facility is located to determine which governmental entities that | ||
| employ a first responder are reasonably likely, in the sheriff's | ||
| opinion, to respond to an active shooter incident at one of those | ||
| facilities. | ||
| (c) The department, each sheriff described by Subsection | ||
| (b), and each governmental entity identified by the sheriff under | ||
| that subsection shall collectively participate in: | ||
| (1) a multiagency tabletop exercise at least once each | ||
| odd-numbered year; and | ||
| (2) an in-person drill at least once each | ||
| even-numbered year. | ||
| (d) The department shall invite any appropriate federal | ||
| agency to participate in an exercise described by Subsection (c). | ||
| Sec. 772.014. MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF | ||
| PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In this | ||
| section, "department" means the Department of Public Safety. | ||
| (b) The department and each governmental entity identified | ||
| by a sheriff under Section 772.013(b) shall collectively enter into | ||
| a mutual aid agreement that establishes the procedures for the | ||
| provision of resources, personnel, facilities, equipment, and | ||
| supplies in responses to critical incidents in a vertically | ||
| integrated fashion. | ||
| (c) In establishing the procedures, the department and | ||
| local law enforcement agencies shall: | ||
| (1) give priority to establishing the | ||
| interoperability of communications equipment among the parties to | ||
| the agreement; | ||
| (2) establish procedures for interagency coordination | ||
| in activities arising from critical incidents, including evidence | ||
| collection; | ||
| (3) set jurisdictional boundaries; and | ||
| (4) determine the capabilities, processes, and | ||
| expectations among the parties to the agreement. | ||
| (d) The department shall invite any appropriate federal | ||
| agency to enter into the agreement described by Subsection (b). | ||
| SECTION 14. Section 85.024, Local Government Code, is | ||
| amended by amending Subsections (a) and (c) and adding Subsection | ||
| (c-1) to read as follows: | ||
| (a) The sheriff of a county [ |
||
| conduct an annual meeting [ |
||
| (1) school safety; | ||
| (2) coordinated law enforcement response to school | ||
| violence incidents; | ||
| (3) law enforcement agency capabilities; | ||
| (4) available resources; | ||
| (5) emergency radio interoperability; | ||
| (6) chain of command planning; [ |
||
| (7) each public school's multihazard emergency | ||
| operations plan, including a discussion and analysis of how the | ||
| school's multihazard emergency operations plan would be | ||
| implemented in an emergency situation; and | ||
| (8) other related subjects proposed by a person in | ||
| attendance at the meeting. | ||
| (c) In a county with a population of less than 350,000, the | ||
| [ |
||
| Subsection (a): | ||
| (1) the sheriff or the sheriff's designee; | ||
| (2) the police chief of a municipal police department | ||
| in the county or the police chief's designee; | ||
| (3) each elected constable in the county or the | ||
| constable's designees; | ||
| (4) each police chief of a school district's police | ||
| department or school district security coordinator from each school | ||
| district located in the county; | ||
| (5) a representative of the Department of Public | ||
| Safety assigned to the county; | ||
| (6) a representative of each other state agency with | ||
| commissioned peace officers assigned to the county; | ||
| (7) a person appointed to a command staff position at | ||
| an emergency medical service in the county; | ||
| (8) a person appointed to a command staff position at a | ||
| municipal emergency medical service in the county; | ||
| (9) a person appointed to a command staff position at a | ||
| fire department in the county; | ||
| (10) the superintendent or the superintendent's | ||
| designee of each school district located in the county; | ||
| (11) the person who serves the function of | ||
| superintendent, or that person's designee, in each open-enrollment | ||
| charter school located in the county; [ |
||
| (12) a representative of the Texas Division of | ||
| Emergency Management; and | ||
| (13) any other person the sheriff considers | ||
| appropriate. | ||
| (c-1) In a county with a population of 350,000 or more, the | ||
| following persons shall attend a meeting called under Subsection | ||
| (a): | ||
| (1) for each school district located in the county, | ||
| either: | ||
| (A) the police chief of the district's police | ||
| department, or the chief's designee; or | ||
| (B) if the district contracts with another | ||
| political subdivision for law enforcement services, the chief | ||
| administrative officer of the law enforcement agency providing law | ||
| enforcement services to the district, or the officer's designee; | ||
| (2) the superintendent of each school district located | ||
| in the county; and | ||
| (3) any other person the sheriff considers | ||
| appropriate. | ||
| SECTION 15. Chapter 391, Local Government Code, is amended | ||
| by adding Section 391.0041 to read as follows: | ||
| Sec. 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST | ||
| RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section: | ||
| (1) "Council of governments" means a regional planning | ||
| commission for a state planning region created under this chapter. | ||
| (2) "Critical incident" means an incident involving a | ||
| first responder that occurs while the first responder is performing | ||
| official duties and that results in serious bodily injury to the | ||
| first responder or poses a substantial risk of serious bodily | ||
| injury or death to the first responder or of serious harm to the | ||
| first responder's mental health or well-being. | ||
| (3) "First responder" means: | ||
| (A) a peace officer described by Article 2A.001, | ||
| Code of Criminal Procedure; | ||
| (B) an individual included as fire protection | ||
| personnel by Section 419.021, Government Code; and | ||
| (C) an individual included as emergency medical | ||
| services personnel by Section 773.003, Health and Safety Code. | ||
| (b) The Texas Division of Emergency Management, in | ||
| coordination with the Health and Human Services Commission and the | ||
| Department of State Health Services, shall: | ||
| (1) develop a mental health resources plan to address | ||
| the mental health needs of first responders following a critical | ||
| incident; and | ||
| (2) provide the plan to each local emergency | ||
| management director in the state. | ||
| (c) A plan developed under Subsection (b): | ||
| (1) must identify and provide for: | ||
| (A) education and training to a first responder | ||
| prior to a critical incident on topics including: | ||
| (i) the potential psychological impact that | ||
| being involved in an incident may have on the first responder; and | ||
| (ii) resources available to the first | ||
| responder to address the psychological impact of an incident, | ||
| including mental health counseling, peer support programs, and | ||
| stress management practices; or | ||
| (B) a list of recommended providers located | ||
| within the territory of the council of governments who can provide | ||
| the education and training described by Paragraph (A); | ||
| (2) may recommend that an employer of a first | ||
| responder: | ||
| (A) create a process to conduct a critical | ||
| incident stress debriefing following an incident; and | ||
| (B) create a peer support program to support the | ||
| first responder following an incident; and | ||
| (3) may include any other recommendation the council | ||
| of governments considers appropriate to address the mental health | ||
| needs of a first responder following a critical incident. | ||
| (d) Each political subdivision that receives a plan under | ||
| this section shall: | ||
| (1) implement the plan; and | ||
| (2) share the plan with each council of governments | ||
| that has jurisdiction over the political subdivision to ensure | ||
| regional plan integration and awareness. | ||
| SECTION 16. Section 1701.163, Occupations Code, is amended | ||
| to read as follows: | ||
| Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT | ||
| AGENCIES. (a) The commission, with input from an advisory | ||
| committee, shall by rule establish minimum standards with respect | ||
| to the creation or continued operation of a law enforcement agency | ||
| based on the function, size, and jurisdiction of the agency, | ||
| including: | ||
| (1) a determination regarding the public benefit of | ||
| creating the agency in the community; | ||
| (2) the sustainable funding sources for the agency; | ||
| (3) the physical resources available to officers, | ||
| including: | ||
| (A) all standard duty firearms; | ||
| (B) less lethal force weapons, including a | ||
| requirement of at least one per officer on duty; | ||
| (C) effective communications equipment; | ||
| (D) protective equipment, including a | ||
| requirement of: | ||
| (i) at least one bullet-resistant vest per | ||
| officer on duty; and | ||
| (ii) access to at least one breaching tool | ||
| and one ballistic shield; | ||
| (E) officer uniforms; and | ||
| (F) patrol vehicles and associated equipment; | ||
| (4) the physical facilities of the agency, including | ||
| any evidence room, dispatch area, or public area; | ||
| (5) the policies of the agency, including policies on: | ||
| (A) use of force; | ||
| (B) vehicle pursuit; | ||
| (C) professional conduct of officers; | ||
| (D) domestic abuse protocols; | ||
| (E) response to missing persons; | ||
| (F) supervision of part-time officers; | ||
| (G) impartial policing; | ||
| (H) active shooters, including a detailed | ||
| written policy based on current best practices for responding to an | ||
| active shooter incident at a primary or secondary school facility | ||
| and a recommendation for the frequency at which simulated emergency | ||
| drills should be conducted; and | ||
| (I) barricaded subjects; | ||
| (6) the administrative structure of the agency; | ||
| (7) liability insurance; and | ||
| (8) any other standard the commission considers | ||
| necessary. | ||
| (b) A law enforcement agency may enter into a mutual aid | ||
| agreement with a law enforcement agency with overlapping or | ||
| adjacent jurisdiction to share protective equipment during a | ||
| critical incident, as defined by Section 391.0041, Local Government | ||
| Code, to meet the requirements under Subsection (a)(3)(D). | ||
| SECTION 17. Section 1701.253, Occupations Code, is amended | ||
| by adding Subsection (u) to read as follows: | ||
| (u) As part of the minimum curriculum requirements, the | ||
| commission shall require an officer to complete the training | ||
| courses described by Section 1701.273. | ||
| SECTION 18. Subchapter F, Chapter 1701, Occupations Code, | ||
| is amended by adding Section 1701.273 to read as follows: | ||
| Sec. 1701.273. TRAINING ON INCIDENT RESPONSE AND COMMAND. | ||
| (a) The commission shall require a peace officer to complete the | ||
| following emergency response management training courses, or a | ||
| substantially similar successor course as determined by the | ||
| commission, in collaboration with the Texas Division of Emergency | ||
| Management: | ||
| (1) Introduction to the Incident Command System; and | ||
| (2) National Incident Management System, An | ||
| Introduction. | ||
| (b) The commission shall require an officer to complete the | ||
| training courses described by Subsection (a) unless the officer has | ||
| completed the training under Section 1701.253(u). | ||
| SECTION 19. Subchapter H, Chapter 1701, Occupations Code, | ||
| is amended by adding Section 1701.3526 to read as follows: | ||
| Sec. 1701.3526. CONTINUING EDUCATION ON INCIDENT RESPONSE | ||
| AND COMMAND. (a) The commission shall require a peace officer whose | ||
| duties involve the supervision of officers in an incident response | ||
| to complete, as part of the continuing education programs under | ||
| Section 1701.351(a), an advanced incident response and command | ||
| course, in collaboration with the Texas Division of Emergency | ||
| Management, as determined by commission rule. | ||
| (b) The exemption under Section 1701.351(d) does not apply | ||
| to the training required by Subsection (a). | ||
| SECTION 20. Section 85.024(b), Local Government Code, is | ||
| repealed. | ||
| SECTION 21. Not later than December 1, 2025, the Advanced | ||
| Law Enforcement Rapid Response Training Center at Texas State | ||
| University--San Marcos shall develop the template and training | ||
| program required by Section 96.42, Education Code, as added by this | ||
| Act. | ||
| SECTION 22. Not later than December 1, 2025, the Texas | ||
| Division of Emergency Management shall develop and post the guide | ||
| required by Section 418.059, Government Code, as added by this Act. | ||
| SECTION 23. Not later than December 1, 2025, the Texas | ||
| Division of Emergency Management shall develop the training program | ||
| required by Section 418.1877(c), Government Code, as added by this | ||
| Act. | ||
| SECTION 24. A public information officer described by | ||
| Section 411.3735 or 418.332, Government Code, as added by this Act, | ||
| who was employed or appointed before the effective date of this Act | ||
| shall obtain the certification required by Section 418.333, | ||
| Government Code, as added by this Act, not later than September 1, | ||
| 2026. | ||
| SECTION 25. Not later than January 1, 2026, the Department | ||
| of Public Safety and local law enforcement agencies shall enter | ||
| into mutual aid agreements as required by Section 772.014, | ||
| Government Code, as added by this Act. | ||
| SECTION 26. As soon as practicable after the effective date | ||
| of this Act, each council of governments, as defined by Section | ||
| 391.0041, Local Government Code, as added by this Act, shall | ||
| develop a mental health resources plan required to be created under | ||
| that section. | ||
| SECTION 27. As soon as practicable after the effective date | ||
| of this Act, the Texas Commission on Law Enforcement shall adopt | ||
| rules to implement the changes in law made by this Act to | ||
| Subchapters D, F, and H, Chapter 1701, Occupations Code. | ||
| SECTION 28. The minimum curriculum requirements under | ||
| Section 1701.253(u), Occupations Code, as added by this Act, apply | ||
| only to an officer who first begins to satisfy those requirements on | ||
| or after January 1, 2026. | ||
| SECTION 29. Section 1701.3526, Occupations Code, as added | ||
| by this Act, applies only with respect to a 24-month continuing | ||
| education training unit that begins on or after the effective date | ||
| of this Act. A training unit that begins before the effective date | ||
| of this Act is governed by the law in effect on the date the training | ||
| unit began, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 30. This Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 33 was passed by the House on April | ||
| 29, 2025, by the following vote: Yeas 148, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 33 on May 23, 2025, by the following vote: Yeas 135, Nays 0, 2 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 33 was passed by the Senate, with | ||
| amendments, on May 19, 2025, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
