Bill Text: TX HB759 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the operation of threat assessment teams in public schools and the establishment of a student threat assessment database; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-16 - Left pending in committee [HB759 Detail]
Download: Texas-2021-HB759-Introduced.html
87R647 JES-F | ||
By: Harless | H.B. No. 759 |
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relating to the operation of threat assessment teams in public | ||
schools and the establishment of a student threat assessment | ||
database; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.115, Education Code, is amended by | ||
adding Subsections (f-1) and (h-1) to read as follows: | ||
(f-1) A team must complete a threat assessment of an | ||
individual as required by Subsection (f) not later than the 30th day | ||
after the date on which the team began the assessment. | ||
(h-1) Not later than the 10th day after the date on which a | ||
team makes a determination that a student poses a serious risk of | ||
violence to self or others, the team shall: | ||
(1) enter the student's threat assessment into the | ||
threat assessment database established under Section 37.1151; and | ||
(2) make a notation in the student's cumulative record | ||
that the student is included in the threat assessment database. | ||
SECTION 2. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Section 37.1151 to read as follows: | ||
Sec. 37.1151. STUDENT THREAT ASSESSMENT DATABASE. (a) The | ||
agency shall establish a database of student threat assessments | ||
conducted under Section 37.115 in which there was a determination | ||
that a student poses a serious risk of violence to self or others. | ||
(b) The agency must allow access to the database reporting a | ||
student's threat assessment to: | ||
(1) a peace officer or school resource officer | ||
assigned to a public or private primary or secondary school or | ||
open-enrollment charter school that the student has attended or | ||
currently attends; and | ||
(2) the principal or principal's designee and the | ||
superintendent or superintendent's designee at each public or | ||
private primary or secondary school or open-enrollment charter | ||
school that the student has attended or currently attends. | ||
(c) A person authorized to access the threat assessment | ||
database under Subsection (b) may access information in the | ||
database solely for the purpose of ensuring school safety and | ||
security. A person shall keep any information received from the | ||
database confidential and may not use the information for a purpose | ||
that does not directly relate to the purpose for which it was | ||
obtained. | ||
(d) Information regarding a student's threat assessment | ||
reported in the threat assessment database must be permanently | ||
erased from the database on the date that the student reaches 21 | ||
years of age. | ||
(e) A person who has access to or obtains confidential | ||
information in the threat assessment database commits an offense if | ||
the person knowingly: | ||
(1) uses the information for a purpose other than | ||
ensuring school safety and security; | ||
(2) permits inspection of the confidential | ||
information by a person who is not authorized to inspect the | ||
information; or | ||
(3) releases or discloses the confidential | ||
information to a person who is not entitled to the information. | ||
(f) An offense under this section is a Class B misdemeanor. | ||
(g) The commissioner shall adopt rules necessary to | ||
implement this section. | ||
SECTION 3. (a) Section 37.115(h-1), Education Code, as | ||
added by this Act, applies beginning January 1, 2022. | ||
(b) As soon as practicable after the effective date of this | ||
Act but not later than January 1, 2022, the commissioner of | ||
education shall establish the threat assessment database as | ||
required by Section 37.1151, Education Code, as added by this Act. | ||
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, 2021. |