Bill Text: TX SB17 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the training in school safety of certain educators of a school district or an open-enrollment charter school authorized to carry a concealed handgun on school premises.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [SB17 Detail]
Download: Texas-2013-SB17-Enrolled.html
S.B. No. 17 |
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relating to the training in school safety of certain educators of a | ||
school district or an open-enrollment charter school authorized to | ||
carry a concealed handgun on school premises. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 37, Education Code, is amended by adding | ||
Subchapter J to read as follows: | ||
SUBCHAPTER J. SAFETY TRAINING FOR CERTAIN EMPLOYEES | ||
Sec. 37.321. DEFINITIONS. In this subchapter: | ||
(1) "Department" means the Department of Public | ||
Safety. | ||
(2) "Training center" means the Advanced Law | ||
Enforcement Rapid Response Training Center at Texas State | ||
University--San Marcos. | ||
Sec. 37.322. SAFETY TRAINING PROGRAM FOR EMPLOYEES LICENSED | ||
TO CARRY CONCEALED HANDGUN. (a) Except as provided by Section | ||
37.325(e), the department shall, with technical assistance based on | ||
the best practices developed for law enforcement officers by the | ||
training center, establish and maintain a training program in | ||
school safety and the protection of students for employees of a | ||
school district or an open-enrollment charter school who: | ||
(1) hold a license to carry a concealed handgun issued | ||
under Subchapter H, Chapter 411, Government Code; | ||
(2) are authorized by the school district or | ||
open-enrollment charter school to carry a concealed handgun under | ||
Section 46.03(a)(1), Penal Code; and | ||
(3) are selected by the board of trustees of the school | ||
district or governing body of the open-enrollment charter school to | ||
attend the training program. | ||
(b) Each school year, the department shall provide the | ||
training program under Subsection (a) at no charge for two | ||
employees at a school campus that does not have security personnel | ||
or a commissioned peace officer assigned full-time to the school | ||
campus. | ||
(c) The department may provide the training program under | ||
Subsection (a) to school employees in addition to those attending | ||
the training under Subsection (b) on payment of a fee by the school | ||
district or open-enrollment charter school employing the person. | ||
(d) A school district or open-enrollment charter school may | ||
not require an employee to involuntarily participate in the | ||
training program under Subsection (a). An employee may not be | ||
subject to any penalty or disciplinary action for refusing to | ||
participate in the training program. | ||
(e) Nothing in this section prohibits a school district or | ||
open-enrollment charter school from revoking authorization for an | ||
employee to carry a concealed handgun under Section 46.03(a)(1), | ||
Penal Code, if the employee refuses to participate in the training | ||
program under Subsection (a). | ||
Sec. 37.3221. AUTHORIZATION TO CARRY CONCEALED HANDGUN AT | ||
CERTAIN SCHOOL EVENTS. Notwithstanding Section 46.035(b)(2), | ||
Penal Code, an employee who has met the requirements of Section | ||
37.322(a) and who has successfully completed the training program | ||
under Section 37.322 may, pursuant to written regulation or written | ||
authorization by the school district or open-enrollment charter | ||
school, carry a concealed handgun on premises owned or controlled | ||
by the employing school district or open-enrollment charter school | ||
during a high school event or interscholastic event in which | ||
students from the employing school district or open-enrollment | ||
charter school are participating. | ||
Sec. 37.323. LIMITATION OF LIABILITY. (a) This subchapter | ||
does not waive any rights, privileges, immunities, or defenses of: | ||
(1) a school district, an open-enrollment charter | ||
school, Texas State University--San Marcos, or the Texas State | ||
University System; | ||
(2) the board of trustees of a school district, the | ||
governing body of an open-enrollment charter school, or the board | ||
of regents of the Texas State University System; or | ||
(3) an officer or employee of a school district, an | ||
open-enrollment charter school, or the Texas State University | ||
System. | ||
(b) This subchapter does not create any liability for or a | ||
cause of action against: | ||
(1) a school district, an open-enrollment charter | ||
school, Texas State University--San Marcos, or the Texas State | ||
University System; | ||
(2) the board of trustees of a school district, the | ||
governing body of an open-enrollment charter school, or the board | ||
of regents of the Texas State University System; or | ||
(3) an officer or employee of a school district, | ||
open-enrollment charter school, or the Texas State University | ||
System. | ||
(c) A court may not hold the department or the training | ||
center or an officer or employee of the department or the training | ||
center liable for damages caused by: | ||
(1) an action authorized under this subchapter or a | ||
failure to perform a duty imposed by this subchapter; or | ||
(2) the actions of a district or charter school | ||
employee that occur after the employee has received training or has | ||
been denied training under this subchapter. | ||
(d) A cause of action for damages may not be brought against | ||
the department or the training center or an officer or employee of | ||
the department or the training center for any damage caused by the | ||
actions of a district or charter school employee under this | ||
subchapter. | ||
(e) The department or the training center is not responsible | ||
for any injury or damage inflicted on any person by a district or | ||
charter school employee arising or alleged to have arisen from an | ||
action taken by the department or the training center under this | ||
subchapter. | ||
(f) The department or the training center or an officer or | ||
employee of the department or the training center is immune from | ||
liability and from suit for any act or failure to act arising under | ||
this subchapter. | ||
Sec. 37.324. CONFIDENTIALITY OF RECORDS. (a) The | ||
department and the board of trustees of a school district or | ||
governing body of an open-enrollment charter school shall disclose | ||
to a criminal justice agency information contained in its files and | ||
records regarding whether a named employee or any employee named in | ||
a specified list has attended training under this | ||
subchapter. Information on an employee subject to disclosure | ||
under this section includes the employee's name, date of birth, zip | ||
code, and telephone number. Except as otherwise provided by this | ||
section, all other records maintained under this subchapter are | ||
confidential and are not subject to mandatory disclosure under the | ||
open records law, Chapter 552, Government Code. | ||
(b) A school district or open-enrollment charter school | ||
employee who has attended training may be furnished a copy of | ||
disclosable records regarding the employee on request. | ||
(c) The department and the board of trustees of a school | ||
district or governing body of an open-enrollment charter school | ||
shall make available on request by an employee the name of the | ||
criminal justice agency requesting information relating to the | ||
employee under this section. | ||
Sec. 37.325. FUNDS. (a) The school safety training fund | ||
is created as a special fund in the state treasury. The fund | ||
consists of gifts, grants, and donations. | ||
(b) The department may solicit and accept a gift, grant, or | ||
donation from any source, including a foundation or private entity, | ||
for the training program under Section 37.322(a) and shall deposit | ||
money accepted under this subsection to the credit of the school | ||
safety training fund. | ||
(c) The department must use funds collected under | ||
Subsection (b) before using any state funds to establish and | ||
maintain the training program under Section 37.322. | ||
(d) The amount of state funds allocated in any state fiscal | ||
biennium for the training program under Section 37.322 may not | ||
exceed $1 million. | ||
(e) The department must establish and maintain the training | ||
program under Section 37.322 only if sufficient funds under | ||
Subsection (b) and state funds allocated for the training program | ||
are available. | ||
SECTION 2. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 17 passed the Senate on | ||
April 17, 2013, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 17 passed the House on | ||
May 21, 2013, by the following vote: Yeas 133, Nays 13, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |