Bill Text: TX SB1849 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to public school safety measures, access to mental health professionals in public schools and during certain emergencies, access to criminal history and mental health records, and access to firearms; requiring a certificate for employment as a school behavioral counselor; creating a criminal offense; increasing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Education [SB1849 Detail]
Download: Texas-2019-SB1849-Introduced.html
86R988 MEW/GCB/ADM/LHC/YDB-D | ||
By: Miles | S.B. No. 1849 |
|
||
|
||
relating to public school safety measures, access to mental health | ||
professionals in public schools and during certain emergencies, | ||
access to criminal history and mental health records, and access to | ||
firearms; requiring a certificate for employment as a school | ||
behavioral counselor; creating a criminal offense; increasing a | ||
criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. PUBLIC SCHOOL SAFETY MEASURES | ||
SECTION 1.01. Subchapter C, Chapter 7, Education Code, is | ||
amended by adding Section 7.068 to read as follows: | ||
Sec. 7.068. STUDY OF SAFETY STANDARDS FOR INSTRUCTIONAL | ||
FACILITIES. (a) In this section, "instructional facility" has the | ||
meaning assigned by Section 46.001. | ||
(b) The commissioner shall conduct a study on building | ||
standards and security for instructional facilities to ensure that | ||
instructional facilities provide a safe and secure environment. | ||
The commissioner shall consider methods to improve the security of | ||
instructional facilities, including: | ||
(1) potential use of metal detectors, deadbolts, or | ||
locks for certain doors; | ||
(2) methods to ensure greater control of entrances, | ||
exits, and external access; | ||
(3) installation of security or alarm systems in | ||
instructional facilities; | ||
(4) methods for the improvement, renovation, or | ||
retrofitting of existing instructional facilities; and | ||
(5) design and construction standards for new | ||
instructional facilities. | ||
(c) The study shall include specific recommendations for | ||
building standards and security improvements for school districts | ||
classified by the agency into the following community types: | ||
(1) major urban; | ||
(2) major suburban; | ||
(3) other central city; | ||
(4) other central city suburban; | ||
(5) independent town; | ||
(6) non-metropolitan: fast growing; | ||
(7) non-metropolitan: stable; | ||
(8) rural; and | ||
(9) charter school districts. | ||
(d) In conducting the study, the commissioner shall consult | ||
with the Texas School Safety Center and any other experts in school | ||
safety and security or the design of instructional facilities | ||
determined by the commissioner to be appropriate. | ||
(e) Not later than December 1, 2020, the commissioner shall | ||
submit to the governor, the lieutenant governor, the speaker of the | ||
house of representatives, and each legislative standing committee | ||
with primary jurisdiction over public education the results of the | ||
study and recommendations for legislative or other action. | ||
(f) This section expires December 1, 2021. | ||
SECTION 1.02. Section 12.104, Education Code, is amended by | ||
adding Subsections (a-1) and (a-2) to read as follows: | ||
(a-1) The governing body of an open-enrollment charter | ||
school may: | ||
(1) commission peace officers and employ security | ||
personnel in the same manner as a board of trustees of a school | ||
district under Sections 37.081 and 37.08101; and | ||
(2) enter into a memorandum of understanding with a | ||
local law enforcement agency to assign a school resource officer, | ||
as that term is defined by Section 1701.601, Occupations Code, to | ||
the school. | ||
(a-2) A reference in law to a peace officer commissioned | ||
under Section 37.081 includes a peace officer commissioned by the | ||
governing body of an open-enrollment charter school in accordance | ||
with Subsection (a-1), and a charter school peace officer has the | ||
same powers, duties, and immunities as a peace officer commissioned | ||
under that section. | ||
SECTION 1.03. Section 12.104(b), Education Code, as amended | ||
by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), | ||
Acts of the 85th Legislature, Regular Session, 2017, is reenacted | ||
and amended to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) 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; | ||
(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) public school accountability under | ||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; [ |
||
(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) 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; | ||
[ |
||
(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) [ |
||
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); and | ||
(T) school safety requirements under Sections | ||
37.108, 37.1082, 37.109, and 37.207. | ||
SECTION 1.04. Section 30.052(l), Education Code, is amended | ||
to read as follows: | ||
(l) The governing board of the Texas School for the Deaf may | ||
employ security personnel and may commission peace officers in the | ||
same manner as a board of trustees of a school district under | ||
Sections [ |
||
SECTION 1.05. Section 37.006, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A student shall be removed from class and placed in a | ||
disciplinary alternative education program as provided by Section | ||
37.008 if the student: | ||
(1) engages in conduct involving a public school that | ||
contains the elements of the offense of false alarm or report under | ||
Section 42.06, Penal Code, or terroristic threat under Section | ||
22.07, Penal Code; or | ||
(2) commits the following on or within 300 feet of | ||
school property, as measured from any point on the school's real | ||
property boundary line, or while attending a school-sponsored or | ||
school-related activity on or off of school property: | ||
(A) engages in conduct punishable as a felony; | ||
(B) engages in conduct that contains the elements | ||
of the offense of assault under Section 22.01(a)(1), Penal Code, | ||
against a person other than a person described in Paragraph (B-1); | ||
(B-1) except as provided by Subsection (a-1), | ||
engages in conduct that contains the elements of the offense of | ||
assault under Section 22.01(a)(1), (2), or (3), Penal Code, against | ||
a school district employee or a volunteer as defined by Section | ||
22.053; | ||
(C) sells, gives, or delivers to another person | ||
or possesses or uses or is under the influence of: | ||
(i) marihuana or a controlled substance, as | ||
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. | ||
Section 801 et seq.; or | ||
(ii) a dangerous drug, as defined by | ||
Chapter 483, Health and Safety Code; | ||
(D) sells, gives, or delivers to another person | ||
an alcoholic beverage, as defined by Section 1.04, Alcoholic | ||
Beverage Code, commits a serious act or offense while under the | ||
influence of alcohol, or possesses, uses, or is under the influence | ||
of an alcoholic beverage; | ||
(E) engages in conduct that contains the elements | ||
of an offense relating to an abusable volatile chemical under | ||
Sections 485.031 through 485.034, Health and Safety Code; or | ||
(F) engages in conduct that contains the elements | ||
of the offense of public lewdness under Section 21.07, Penal Code, | ||
or indecent exposure under Section 21.08, Penal Code. | ||
(a-1) If a principal or other appropriate administrator, | ||
including a campus behavior coordinator, determines that | ||
extraordinary circumstances apply, the principal or administrator | ||
is not required to place a student in a disciplinary alternative | ||
education program for conduct described by Subsection (a)(2)(B-1). | ||
SECTION 1.06. Section 37.0081(a), Education Code, is | ||
amended to read as follows: | ||
(a) Subject to Subsection (h), but notwithstanding any | ||
other provision of this subchapter, the board of trustees of a | ||
school district, or the board's designee, after an opportunity for | ||
a hearing may expel a student and elect to place the student in an | ||
alternative setting as provided by Subsection (a-1) if: | ||
(1) the student: | ||
(A) has received deferred prosecution under | ||
Section 53.03, Family Code, for conduct defined as: | ||
(i) a felony offense in Title 5, Penal Code, | ||
or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; | ||
(B) has been found by a court or jury to have | ||
engaged in delinquent conduct under Section 54.03, Family Code, for | ||
conduct defined as: | ||
(i) a felony offense in Title 5, Penal Code, | ||
or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; | ||
(C) is charged with engaging in conduct defined | ||
as: | ||
(i) a felony offense in Title 5, Penal Code, | ||
or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; | ||
(D) has been referred to a juvenile court for | ||
allegedly engaging in delinquent conduct under Section 54.03, | ||
Family Code, for conduct defined as: | ||
(i) a felony offense in Title 5, Penal Code, | ||
or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; | ||
(E) has received probation or deferred | ||
adjudication for: | ||
(i) a felony offense under Title 5, Penal | ||
Code, or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; | ||
(F) has been convicted of: | ||
(i) a felony offense under Title 5, Penal | ||
Code, or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; or | ||
(G) has been arrested for or charged with: | ||
(i) a felony offense under Title 5, Penal | ||
Code, or Chapter 46, Penal Code; or | ||
(ii) an [ |
||
|
||
or Chapter 71, Penal Code; and | ||
(2) the board or the board's designee determines that | ||
the student's presence in the regular classroom: | ||
(A) threatens the safety of other students or | ||
teachers; | ||
(B) will be detrimental to the educational | ||
process; or | ||
(C) is not in the best interests of the | ||
district's students. | ||
SECTION 1.07. Section 37.009, Education Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) If a student is placed in a disciplinary alternative | ||
education program, a school district shall conduct a behavioral | ||
threat assessment of the student if the campus behavior coordinator | ||
or other appropriate administrator or the student's parent or | ||
guardian considers an assessment of the student to be necessary. | ||
SECTION 1.08. The heading to Section 37.081, Education | ||
Code, is amended to read as follows: | ||
Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS [ |
||
|
||
SECTION 1.09. Section 37.081(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board of trustees of any school district may [ |
||
|
||
this subchapter. [ |
||
|
||
|
||
[ |
||
the board of trustees and may include all territory in the | ||
boundaries of the school district and all property outside the | ||
boundaries of the district that is owned, leased, or rented by or | ||
otherwise under the control of the school district and the board of | ||
trustees that employ the peace officer [ |
||
SECTION 1.10. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.08101 to read as follows: | ||
Sec. 37.08101. SCHOOL DISTRICT SECURITY PERSONNEL. (a) In | ||
this section: | ||
(1) "Retired peace officer" has the meaning assigned | ||
by Section 1701.3161, Occupations Code. | ||
(2) "Veteran" has the meaning assigned by Section | ||
434.022, Government Code. | ||
(b) The board of trustees of a school district may employ | ||
security personnel to provide security services in the district and | ||
to carry out this subchapter. | ||
(c) In employing security personnel under this section, the | ||
board of trustees of a school district shall give preference to a | ||
person who is: | ||
(1) a commissioned peace officer; | ||
(2) a retired peace officer; or | ||
(3) a veteran. | ||
(d) The board of trustees of a school district may not | ||
authorize a person employed as security personnel to carry a weapon | ||
unless that person is: | ||
(1) a commissioned peace officer; | ||
(2) a retired peace officer; or | ||
(3) a veteran who has been issued a certificate of | ||
completion for the school security personnel training under Section | ||
1701.269, Occupations Code. | ||
(e) The board of trustees of a school district shall | ||
determine the jurisdiction of security personnel employed under | ||
this section, which may include all territory in the boundaries of | ||
the district and all property outside the boundaries of the | ||
district that is owned, leased, or rented by or otherwise under the | ||
control of the district and the board of trustees that employ the | ||
security personnel. | ||
SECTION 1.11. Sections 37.0811(a), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) The board of trustees of a school district or the | ||
governing body of an open-enrollment charter school may appoint not | ||
more than the greater of: | ||
(1) one school marshal per 100 [ |
||
average daily attendance per campus; or | ||
(2) for each campus, one school marshal per building | ||
of the campus at which students regularly receive classroom | ||
instruction. | ||
(d) Any written regulations adopted for purposes of | ||
Subsection (c) must provide that a [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
by [ |
||
frangible duty ammunition approved for that purpose by the Texas | ||
Commission on Law Enforcement. | ||
(e) A school marshal may use [ |
||
marshal is authorized to carry or possess under this section only | ||
under circumstances that would justify the use of deadly force | ||
under Section 9.32 or 9.33, Penal Code. | ||
SECTION 1.12. Sections 37.0813(a), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(a) The governing body of a private school may appoint not | ||
more than the greater of: | ||
(1) one school marshal per 100 [ |
||
in the school; or | ||
(2) one school marshal per building of the school at | ||
which students regularly receive classroom instruction. | ||
(d) Any written regulations adopted for purposes of | ||
Subsection (c) must provide that a [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
carried or possessed by [ |
||
be loaded only with frangible duty ammunition approved for that | ||
purpose by the Texas Commission on Law Enforcement. | ||
(e) A school marshal may use [ |
||
marshal is authorized to carry or possess under this section only | ||
under circumstances that would justify the use of deadly force | ||
under Section 9.32 or 9.33, Penal Code. | ||
SECTION 1.13. Subchapter C, Chapter 37, Education Code, is | ||
amended by adding Section 37.086 to read as follows: | ||
Sec. 37.086. LAW ENFORCEMENT AND CAMPUS AGREEMENT. (a) A | ||
school district or open-enrollment charter school may adopt a law | ||
enforcement and campus agreement to encourage the on-campus | ||
presence of peace officers by: | ||
(1) requesting local law enforcement agencies to | ||
include campus school grounds in regular patrols conducted by peace | ||
officers; and | ||
(2) allowing peace officers to use campus facilities | ||
to: | ||
(A) complete clerical law enforcement | ||
activities, including the filing of police reports; and | ||
(B) take meal and rest breaks. | ||
(b) A school district or open-enrollment charter school | ||
that adopts an agreement under this section may provide office | ||
space for the regular use of a state or local law enforcement agency | ||
official. | ||
(c) The commissioner may, from funds appropriated to the | ||
agency for that purpose, provide a matching grant not to exceed | ||
$10,000 to a school district or open-enrollment charter school for | ||
the purpose of acquiring federal funding with a matching funds | ||
requirement to defray costs incurred in the implementation of an | ||
agreement described by this section. | ||
SECTION 1.14. Section 37.108, Education Code, is amended by | ||
amending Subsection (c) and adding Subsection (f) to read as | ||
follows: | ||
(c) A school district or public junior college district | ||
shall report the results of the safety and security audit conducted | ||
under Subsection (b) to the district's board of trustees and, in the | ||
manner required by the Texas School Safety Center, to the Texas | ||
School Safety Center. A school district shall also report the | ||
results to the agency in accordance with Section 37.1082. | ||
(f) A school district shall include in its multihazard | ||
emergency operations plan a policy regarding: | ||
(1) required training for persons who provide security | ||
services at the district, including a person employed as security | ||
personnel by the district and a person appointed as a school marshal | ||
by the district; and | ||
(2) the role of a person described by Subdivision (1) | ||
in responding to an emergency in a district facility. | ||
SECTION 1.15. Subchapter D, Chapter 37, Education Code, is | ||
amended by adding Section 37.1082 to read as follows: | ||
Sec. 37.1082. AGENCY DUTIES REGARDING SCHOOL SAFETY | ||
MEASURES. (a) The agency shall adopt a three-year cycle for the | ||
agency's review of school district safety and security audits | ||
conducted under Section 37.108(b). | ||
(b) A school district shall: | ||
(1) submit the results of the district's safety and | ||
security audit to the agency in accordance with the cycle adopted | ||
under Subsection (a); and | ||
(2) provide any information required by the agency in | ||
connection with the agency's review of the audit, including: | ||
(A) the name of each individual on the district's | ||
school safety and security committee established under Section | ||
37.109; and | ||
(B) the date of each committee meeting during the | ||
preceding year. | ||
(c) The Texas School Safety Center shall participate in the | ||
agency's review of school district safety and security audits and | ||
may provide a recommendation to the agency based on the results of | ||
an audit. | ||
(d) Regardless of whether the Texas School Safety Center | ||
provides a recommendation under Subsection (c) and regardless of | ||
the content of any recommendation provided, the agency shall make | ||
an independent final determination of whether the results of a | ||
school district's safety and security audit comply with applicable | ||
standards. | ||
(e) If the agency makes a determination under Subsection (d) | ||
that the results of a school district's safety and security audit do | ||
not comply with applicable standards, the agency and the Texas | ||
School Safety Center shall assist the district in improving the | ||
district's safety and security measures in a manner that will | ||
result in an improvement in the district's safety and security | ||
audit. | ||
(f) A school district, after receiving assistance from the | ||
agency and the Texas School Safety Center under Subsection (e), | ||
shall conduct a new safety and security audit and resubmit the | ||
results of the audit to the agency for review. | ||
(g) The commissioner may adopt rules necessary to implement | ||
this section. | ||
SECTION 1.16. Section 37.109, Education Code, is amended by | ||
adding Subsections (a-1), (c), (d), and (e) and amending Subsection | ||
(b) to read as follows: | ||
(a-1) The committee must include: | ||
(1) one or more representatives of an office of | ||
emergency management of a county or municipality in which the | ||
district is located; | ||
(2) one or more representatives of the local police | ||
department or sheriff's office; | ||
(3) one or more representatives of the district's | ||
police department, if applicable; | ||
(4) one or more representatives of a municipality with | ||
territory included within the boundaries of the district; | ||
(5) the president of the district's board of trustees; | ||
(6) a member of the district's board of trustees other | ||
than the president; | ||
(7) the district's superintendent; | ||
(8) one or more designees of the district's | ||
superintendent, one of whom must be a classroom teacher in the | ||
district; | ||
(9) if the district partners with an open-enrollment | ||
charter school to provide instruction to students, a member of the | ||
open-enrollment charter school's governing body or a designee of | ||
the governing body; and | ||
(10) two parents or guardians of students enrolled in | ||
the district. | ||
(b) The committee shall: | ||
(1) participate on behalf of the district in | ||
developing and implementing emergency plans consistent with the | ||
district multihazard emergency operations plan required by Section | ||
37.108(a) to ensure that the plans reflect specific campus, | ||
facility, or support services needs; | ||
(2) before the beginning of the school year and once | ||
during the spring semester, meet with the district's board of | ||
trustees to provide updates and recommendations regarding the | ||
district's multihazard emergency operations plan required by | ||
Section 37.108(a); | ||
(3) report to the district's board of trustees the best | ||
methods to provide immediate notification to parents, guardians, | ||
and other persons standing in parental relation in circumstances | ||
involving a significant threat to the health or safety of students, | ||
including identification of the individual with responsibility for | ||
overseeing the notification; | ||
(4) provide the district with any campus, facility, or | ||
support services information required in connection with a safety | ||
and security audit required by Section 37.108(b), a safety and | ||
security audit report required by Section 37.108(c), or another | ||
report required to be submitted by the district to the Texas School | ||
Safety Center; [ |
||
(5) [ |
||
by the district to the Texas School Safety Center to ensure that the | ||
report contains accurate and complete information regarding each | ||
campus, facility, or support service in accordance with criteria | ||
established by the center; and | ||
(6) consult with local law enforcement agencies on | ||
methods to increase law enforcement presence near district | ||
campuses. | ||
(c) A meeting required under Subsection (b)(2) must: | ||
(1) include discussions on recommended facility | ||
improvements and emergency operations planning developments; and | ||
(2) be open to parents, students, teachers, and | ||
community members and allow those individuals to comment on | ||
discussions and statements made during the meeting regarding the | ||
district's multihazard emergency operations plan. | ||
(d) Subsection (c)(2) does not require a district to make | ||
publicly available the district's multihazard emergency operations | ||
plan required by Section 37.108. | ||
(e) Except as otherwise provided by this subsection, the | ||
committee shall meet at least once during each academic semester | ||
and at least once during the summer. A committee established by a | ||
school district that operates schools on a year-round system or in | ||
accordance with another alternative schedule shall meet at least | ||
once every four months. | ||
SECTION 1.17. Subchapter G, Chapter 37, Education Code, is | ||
amended by adding Sections 37.2051 and 37.2052 to read as follows: | ||
Sec. 37.2051. BEHAVIORAL THREAT ASSESSMENT TRAINING. (a) | ||
The center shall conduct for school districts behavioral threat | ||
assessment training to provide school personnel with the skills to | ||
appropriately assess threats and identify proper interventions for | ||
students. | ||
(b) The training provided under this section must | ||
incorporate a threat assessment model that provides information | ||
regarding the operation of school threat assessment teams composed | ||
of school personnel, law enforcement professionals, mental health | ||
professionals, and community members. | ||
(c) The center may partner with an organization to provide | ||
the training under this section to school districts at no cost to | ||
the districts. | ||
Sec. 37.2052. TRAINING FOR SCHOOL MARSHALS AND SECURITY | ||
PERSONNEL. (a) The center shall provide a course of instruction | ||
regarding: | ||
(1) methods to improve school safety; and | ||
(2) the use of law enforcement tactics to provide | ||
security services at a school, including: | ||
(A) the standard response protocol; and | ||
(B) the standard reunification method. | ||
(b) A person employed as security personnel or appointed as | ||
a school marshal by the board of trustees of a school district or | ||
the governing body of an open-enrollment charter school must | ||
complete the course of instruction provided under this section at | ||
least once every five years. | ||
SECTION 1.18. Sections 51.220(e) and (f), Education Code, | ||
are amended to read as follows: | ||
(e) Any written regulations adopted for purposes of | ||
Subsection (d) must provide that a [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
carried or possessed by [ |
||
be loaded only with frangible duty ammunition approved for that | ||
purpose by the Texas Commission on Law Enforcement. | ||
(f) A school marshal may use [ |
||
marshal is authorized to carry or possess under this section only | ||
under circumstances that would justify the use of deadly force | ||
under Section 9.32 or 9.33, Penal Code. | ||
SECTION 1.19. Article 15.27(h), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(h) This article applies to any felony offense and the | ||
following misdemeanors: | ||
(1) an offense under Section 20.02, 21.08, 22.01, | ||
22.05, 22.07, 42.09, 42.092, [ |
||
(2) the unlawful use, sale, or possession of a | ||
controlled substance, drug paraphernalia, or marihuana, as defined | ||
by Chapter 481, Health and Safety Code; or | ||
(3) the unlawful possession of any of the weapons or | ||
devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a | ||
weapon listed as a prohibited weapon under Section 46.05, Penal | ||
Code. | ||
SECTION 1.20. Section 1701.260(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The training program shall include at least 50 hours and | ||
not more than 80 hours of instruction designed to: | ||
(1) emphasize strategies for preventing school | ||
shootings and for securing the safety of potential victims of | ||
school shootings; | ||
(2) educate a trainee about legal issues relating to | ||
the duties of peace officers and the use of force or deadly force in | ||
the protection of others; | ||
(3) introduce the trainee to effective law enforcement | ||
strategies and techniques; | ||
(4) improve the trainee's proficiency with a handgun; | ||
and | ||
(5) enable the trainee to respond to an emergency | ||
situation requiring deadly force, such as a situation involving an | ||
active shooter. | ||
SECTION 1.21. Subchapter F, Chapter 1701, Occupations Code, | ||
is amended by adding Sections 1701.2601 and 1701.269 to read as | ||
follows: | ||
Sec. 1701.2601. SCHOOL MARSHAL TRAINING STUDY. (a) The | ||
commission shall conduct a study regarding changes to be made to the | ||
training provided under Section 1701.260 to make that training a | ||
streamlined course of instruction for school marshals that includes | ||
training in the use of firearms. In conducting the study, the | ||
commission shall solicit input from stakeholders. | ||
(b) Not later than August 31, 2020, the commission shall: | ||
(1) amend the training provided under Section 1701.260 | ||
to incorporate any commission-approved changes developed in the | ||
study; and | ||
(2) submit a report detailing the results of the study | ||
to the governor and to the standing committees of the legislature | ||
with jurisdiction over issues involving law enforcement and school | ||
safety. | ||
(c) This section expires September 1, 2020. | ||
Sec. 1701.269. TRAINING PROGRAM FOR VETERANS TO SERVE AS | ||
SCHOOL SECURITY PERSONNEL. (a) The commission shall provide a | ||
course of instruction regarding school security to a person who is: | ||
(1) a veteran, as defined by Section 434.022, | ||
Government Code; and | ||
(2) employed by a school district as security | ||
personnel and authorized by the board of trustees of the district to | ||
carry a weapon. | ||
(b) The course of instruction provided under this section | ||
must be tailored to each individual who takes the course according | ||
to that individual's background. | ||
(c) The commission shall issue a certificate to each veteran | ||
who completes the training program under this section. | ||
SECTION 1.22. Not later than January 1, 2020, the Texas | ||
Commission on Law Enforcement shall develop a training program for | ||
veterans who serve as school security personnel, as provided by | ||
Section 1701.269, Occupations Code, as added by this Act. A school | ||
district may not authorize a veteran to carry a weapon until the | ||
veteran has completed the training program. | ||
SECTION 1.23. Not later than January 1, 2020, the Texas | ||
School Safety Center shall make available the course of instruction | ||
for school marshals and school security personnel required by | ||
Section 37.2052, Education Code, as added by this article. | ||
ARTICLE 2. SCHOOL COUNSELORS AND BEHAVIORAL HEALTH PROFESSIONALS | ||
SECTION 2.01. Section 7.040(b), Education Code, is amended | ||
to read as follows: | ||
(b) The agency shall collaborate with the Texas Higher | ||
Education Coordinating Board and the Texas Workforce Commission to | ||
obtain the information required under Subsection (a). The agency | ||
shall incorporate the use of existing materials and develop new | ||
materials to be provided to school academic counselors, students, | ||
and parents regarding institutions of higher education. | ||
SECTION 2.02. Section 7.055(b)(18), Education Code, is | ||
amended to read as follows: | ||
(18) The commissioner shall adopt a recommended | ||
appraisal process and criteria on which to appraise the performance | ||
of teachers, a recommended appraisal process and criteria on which | ||
to appraise the performance of administrators, and [ |
||
descriptions [ |
||
evaluating school academic counselors and school behavioral | ||
counselors, as provided by Subchapter H, Chapter 21. | ||
SECTION 2.03. Section 11.252(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district shall have a district improvement | ||
plan that is developed, evaluated, and revised annually, in | ||
accordance with district policy, by the superintendent with the | ||
assistance of the district-level committee established under | ||
Section 11.251. The purpose of the district improvement plan is to | ||
guide district and campus staff in the improvement of student | ||
performance for all student groups in order to attain state | ||
standards in respect to the achievement indicators adopted under | ||
Section 39.053(c). The district improvement plan must include | ||
provisions for: | ||
(1) a comprehensive needs assessment addressing | ||
district student performance on the achievement indicators, and | ||
other appropriate measures of performance, that are disaggregated | ||
by all student groups served by the district, including categories | ||
of ethnicity, socioeconomic status, sex, and populations served by | ||
special programs, including students in special education programs | ||
under Subchapter A, Chapter 29; | ||
(2) measurable district performance objectives for | ||
all appropriate achievement indicators for all student | ||
populations, including students in special education programs | ||
under Subchapter A, Chapter 29, and other measures of student | ||
performance that may be identified through the comprehensive needs | ||
assessment; | ||
(3) strategies for improvement of student performance | ||
that include: | ||
(A) instructional methods for addressing the | ||
needs of student groups not achieving their full potential; | ||
(B) methods for addressing the needs of students | ||
for special programs, including: | ||
(i) suicide prevention programs, in | ||
accordance with Subchapter O-1, Chapter 161, Health and Safety | ||
Code, which includes a parental or guardian notification procedure; | ||
(ii) conflict resolution programs; | ||
(iii) violence prevention programs; and | ||
(iv) dyslexia treatment programs; | ||
(C) dropout reduction; | ||
(D) integration of technology in instructional | ||
and administrative programs; | ||
(E) discipline management; | ||
(F) staff development for professional staff of | ||
the district; | ||
(G) career education to assist students in | ||
developing the knowledge, skills, and competencies necessary for a | ||
broad range of career opportunities; and | ||
(H) accelerated education; | ||
(4) strategies for providing to middle school, junior | ||
high school, and high school students, those students' teachers and | ||
school academic counselors, and those students' parents | ||
information about: | ||
(A) higher education admissions and financial | ||
aid opportunities; | ||
(B) the TEXAS grant program and the Teach for | ||
Texas grant program established under Chapter 56; | ||
(C) the need for students to make informed | ||
curriculum choices to be prepared for success beyond high school; | ||
and | ||
(D) sources of information on higher education | ||
admissions and financial aid; | ||
(5) resources needed to implement identified | ||
strategies; | ||
(6) staff responsible for ensuring the accomplishment | ||
of each strategy; | ||
(7) timelines for ongoing monitoring of the | ||
implementation of each improvement strategy; | ||
(8) formative evaluation criteria for determining | ||
periodically whether strategies are resulting in intended | ||
improvement of student performance; and | ||
(9) the policy under Section 38.0041 addressing sexual | ||
abuse and other maltreatment of children. | ||
SECTION 2.04. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.0411 to read as follows: | ||
Sec. 21.0411. CLASSES OF EDUCATOR CERTIFICATE FOR PUBLIC | ||
SCHOOL COUNSELORS: SCHOOL ACADEMIC COUNSELOR AND SCHOOL BEHAVIORAL | ||
COUNSELOR. (a) In proposing rules under Section 21.041(b), the | ||
board shall specify a class of educator certificate for public | ||
school counselors that qualifies the educator for employment at a | ||
public school in accordance with Section 33.001 as: | ||
(1) a school academic counselor; and | ||
(2) a school behavioral counselor. | ||
(b) In proposing rules under Section 21.044, the board shall | ||
specify that a candidate to obtain an educator certificate as a | ||
school behavioral counselor must be: | ||
(1) a licensed specialist in school psychology | ||
licensed under Chapter 501, Occupations Code; | ||
(2) a licensed professional counselor licensed under | ||
Chapter 503, Occupations Code; or | ||
(3) a licensed clinical social worker licensed under | ||
Chapter 505, Occupations Code. | ||
(c) Not later than January 1, 2020, the board shall propose | ||
all necessary rules to implement this section, including rules | ||
providing for certifying as a school behavioral counselor an | ||
educator who: | ||
(1) is certified as a school counselor before the | ||
effective date of rules providing for certifying a school | ||
behavioral counselor; and | ||
(2) meets the requirements for certification as a | ||
school behavioral counselor. | ||
(d) Subsection (c) and this subsection expire September 1, | ||
2021. | ||
SECTION 2.05. Section 21.054(f), Education Code, is amended | ||
to read as follows: | ||
(f) Continuing education requirements for a school academic | ||
counselor must provide that not more than 25 percent of training | ||
required every five years include instruction regarding: | ||
(1) assisting students in developing high school | ||
graduation plans; | ||
(2) implementing dropout prevention strategies; and | ||
(3) informing students concerning: | ||
(A) college admissions, including college | ||
financial aid resources and application procedures; and | ||
(B) career opportunities. | ||
SECTION 2.06. Section 21.356, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.356. EVALUATION OF SCHOOL COUNSELORS. (a) The | ||
commissioner shall develop and periodically update a job | ||
description and an evaluation form for use by school districts in | ||
evaluating school academic counselors. The commissioner shall | ||
consult with state guidance counselor associations in the | ||
development and modification of the job description and the | ||
evaluation form for school academic counselors. | ||
(b) The commissioner shall develop and periodically update | ||
a job description and evaluation form for use by school districts in | ||
evaluating school behavioral counselors. The commissioner shall | ||
consult with state guidance counselor associations and appropriate | ||
licensing agencies or bodies under Chapters 501, 503, and 505, | ||
Occupations Code, in the development and modification of the job | ||
description and the evaluation form for school behavioral | ||
counselors. | ||
SECTION 2.07. Section 28.0212(a), Education Code, is | ||
amended to read as follows: | ||
(a) A principal of a junior high or middle school shall | ||
designate a school academic counselor, teacher, or other | ||
appropriate individual to develop and administer a personal | ||
graduation plan for each student enrolled in the junior high or | ||
middle school who: | ||
(1) does not perform satisfactorily on an assessment | ||
instrument administered under Subchapter B, Chapter 39; or | ||
(2) is not likely to receive a high school diploma | ||
before the fifth school year following the student's enrollment in | ||
grade level nine, as determined by the district. | ||
SECTION 2.08. Section 28.02121(c), Education Code, is | ||
amended to read as follows: | ||
(c) A principal of a high school shall designate a school | ||
academic counselor or school administrator to review personal | ||
graduation plan options with each student entering grade nine | ||
together with that student's parent or guardian. The personal | ||
graduation plan options reviewed must include the distinguished | ||
level of achievement described by Section 28.025(b-15) and the | ||
endorsements described by Section 28.025(c-1). Before the | ||
conclusion of the school year, the student and the student's parent | ||
or guardian must confirm and sign a personal graduation plan for the | ||
student. | ||
SECTION 2.09. Section 28.025(b), Education Code, is amended | ||
to read as follows: | ||
(b) A school district shall ensure that each student, on | ||
entering ninth grade, indicates in writing an endorsement under | ||
Subsection (c-1) that the student intends to earn. A district shall | ||
permit a student to choose, at any time, to earn an endorsement | ||
other than the endorsement the student previously indicated. A | ||
student may graduate under the foundation high school program | ||
without earning an endorsement if, after the student's sophomore | ||
year: | ||
(1) the student and the student's parent or person | ||
standing in parental relation to the student are advised by a school | ||
academic counselor of the specific benefits of graduating from high | ||
school with one or more endorsements; and | ||
(2) the student's parent or person standing in | ||
parental relation to the student files with a school academic | ||
counselor written permission, on a form adopted by the agency, | ||
allowing the student to graduate under the foundation high school | ||
program without earning an endorsement. | ||
SECTION 2.10. Section 28.0253(b), Education Code, is | ||
amended to read as follows: | ||
(b) A research university that chooses to participate in the | ||
pilot program shall: | ||
(1) not later than September 1 of each year, make | ||
available on the university's Internet website detailed standards | ||
for use in the program regarding: | ||
(A) the specific competencies that demonstrate a | ||
student's mastery of each subject area for which the Texas Higher | ||
Education Coordinating Board and the commissioner have adopted | ||
college readiness standards; | ||
(B) the specific competencies that demonstrate a | ||
student's mastery of a language other than English; and | ||
(C) acceptable assessments or other means by | ||
which a student may demonstrate the student's early readiness for | ||
college with respect to each subject area and the language | ||
described by this subdivision, subject to Subsection (c); | ||
(2) partner with at least 10 school districts that | ||
reflect the geographic diversity of this state and the student | ||
compositions of which reflect the socioeconomic diversity of this | ||
state; and | ||
(3) assist school administrators, school academic | ||
counselors, and other educators in each of those school districts | ||
in designing the specific requirements of and implementing the | ||
program in the district. | ||
SECTION 2.11. Section 28.026, Education Code, is amended to | ||
read as follows: | ||
Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE | ||
ADMISSION AND FINANCIAL AID. (a) The board of trustees of a school | ||
district and the governing body of each open-enrollment charter | ||
school that provides a high school shall require each high school in | ||
the district or provided by the charter school, as applicable, to | ||
post appropriate signs in each school academic counselor's office, | ||
in each principal's office, and in each administrative building | ||
indicating the substance of Section 51.803 regarding automatic | ||
college admission and stating the curriculum requirements for | ||
financial aid authorized under Title 3. To assist in the | ||
dissemination of that information, the district or charter school | ||
shall: | ||
(1) require that each school academic counselor and | ||
class advisor at a high school be provided a detailed explanation of | ||
the substance of Section 51.803 and the curriculum requirements for | ||
financial aid authorized under Title 3; | ||
(2) provide each district or school student, at the | ||
time the student first registers for one or more classes required | ||
for high school graduation, with a written notification, including | ||
a detailed explanation in plain language, of the substance of | ||
Section 51.803, the curriculum requirements for financial aid | ||
authorized under Title 3, and the benefits of completing the | ||
requirements for that automatic admission and financial aid; | ||
(3) require that each school academic counselor and | ||
senior class advisor at a high school explain to eligible students | ||
the substance of Section 51.803; and | ||
(4) not later than the 14th day after the last day of | ||
classes for the fall semester or an equivalent date in the case of a | ||
school operated on a year-round system under Section 25.084, | ||
provide each senior student eligible under Section 51.803 and each | ||
student enrolled in the junior year of high school who has a grade | ||
point average in the top 10 percent of the student's high school | ||
class, and the student's parent or guardian, with a written | ||
notification of the student's eligibility with a detailed | ||
explanation in plain language of the substance of Section 51.803. | ||
(b) The commissioner shall adopt forms, including specific | ||
language, to use in providing notice under Subsections (a)(2) and | ||
(4). In providing notice under Subsection (a)(2) or (4), a school | ||
district or open-enrollment charter school shall use the | ||
appropriate form adopted by the commissioner. The notice to a | ||
student and the student's parent or guardian under Subsections | ||
(a)(2) and (4) must be on a single form that contains signature | ||
lines to indicate receipt of notice by the student and the student's | ||
parent or guardian. The notice under Subsection (a)(2) must be | ||
signed by the student's school academic counselor in addition to | ||
being signed by the student and the student's parent or guardian. | ||
SECTION 2.12. Section 28.054(b), Education Code, is amended | ||
to read as follows: | ||
(b) To obtain a subsidy under this section, a student must: | ||
(1) pay the fee for each test or examination for which | ||
the student seeks a subsidy; and | ||
(2) submit to the board through the student's school | ||
academic counselor a written application on a form prescribed by | ||
the commissioner demonstrating financial need and the amount of the | ||
fee paid by the student for each test or examination. | ||
SECTION 2.13. Section 29.082(e), Education Code, is amended | ||
to read as follows: | ||
(e) A student who attends at least 90 percent of the program | ||
days of a program under this section and who satisfies the | ||
requirements for promotion prescribed by Section 28.021 shall be | ||
promoted to the next grade level at the beginning of the next school | ||
year unless a parent of the student presents a written request to | ||
the school principal that the student not be promoted to the next | ||
grade level. As soon as practicable after receiving the request | ||
from a parent, the principal shall hold a formal meeting with the | ||
student's parent, extended year program teacher, [ |
||
academic counselor, and school behavioral counselor if a school | ||
behavioral counselor is employed by the district. During the | ||
meeting, the principal, the teacher, or a school counselor shall | ||
explain the longitudinal statistics on the academic performance of | ||
students who are not promoted to the next grade level and provide | ||
information on the effect of retention on a student's self-esteem | ||
and on the likelihood of a student dropping out of school. After | ||
the meeting, the parent may withdraw the request that the student | ||
not be promoted to the next grade level. If the parent of a student | ||
eligible for promotion under this subsection withdraws the request, | ||
the student shall be promoted. If a student is promoted under this | ||
subsection, the school district shall continue to use innovative | ||
practices to ensure that the student is successful in school in | ||
succeeding years. | ||
SECTION 2.14. Section 29.911(b), Education Code, is amended | ||
to read as follows: | ||
(b) During the designated week, each middle school, junior | ||
high school, and high school shall provide students with | ||
comprehensive grade-appropriate information regarding the pursuit | ||
of higher education. The information provided must include | ||
information regarding: | ||
(1) higher education options available to students; | ||
(2) standard admission requirements for institutions | ||
of higher education, including: | ||
(A) overall high school grade point average; | ||
(B) required curriculum; | ||
(C) college readiness standards and expectations | ||
as determined under Section 28.008; and | ||
(D) scores necessary on generally recognized | ||
tests or assessment instruments used in admissions determinations, | ||
including the Scholastic Assessment Test and the American College | ||
Test; | ||
(3) automatic admission of certain students to general | ||
academic teaching institutions as provided by Section 51.803; and | ||
(4) financial aid availability and requirements, | ||
including the financial aid information provided by school academic | ||
counselors under Section 33.007(b). | ||
SECTION 2.15. Subchapter A, Chapter 33, Education Code, is | ||
amended by adding Section 33.001 to read as follows: | ||
Sec. 33.001. EMPLOYMENT OF PUBLIC SCHOOL COUNSELORS: SCHOOL | ||
ACADEMIC COUNSELORS AND SCHOOL BEHAVIORAL COUNSELORS. (a) A | ||
school district may employ as a school academic counselor an | ||
educator who is certified under Subchapter B, Chapter 21, as a | ||
school academic counselor or a school behavioral counselor. A | ||
school academic counselor shall: | ||
(1) provide guidance and counseling services to | ||
students regarding academic development and achievement; and | ||
(2) administer developmental guidance and counseling | ||
programs in the district. | ||
(b) A school district may only employ as a school behavioral | ||
counselor an educator certified under Subchapter B, Chapter 21, as | ||
a school behavioral counselor. A school behavioral counselor | ||
shall: | ||
(1) provide behavioral health counseling services to | ||
students; and | ||
(2) administer behavioral health counseling programs | ||
in the district. | ||
(c) If a school district employs an educator as a school | ||
behavioral counselor, the district must also employ at least one | ||
educator as a school academic counselor. An educator employed by a | ||
district as a school behavioral counselor may not be required by the | ||
district to also fulfill the role of a school academic counselor or, | ||
except as provided by Section 33.006(c), otherwise be assigned a | ||
duty imposed under this title on a school academic counselor. | ||
(d) A reference in this title to: | ||
(1) a "counselor," "school counselor," or "public | ||
school counselor" refers to an appropriately certified educator | ||
employed as: | ||
(A) a school academic counselor; or | ||
(B) a school behavioral counselor; | ||
(2) a "school academic counselor" refers to an | ||
appropriately certified educator employed as a school academic | ||
counselor; and | ||
(3) a "school behavioral counselor" refers to an | ||
appropriately certified educator employed as a school behavioral | ||
counselor. | ||
SECTION 2.16. Section 33.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 33.002. [ |
||
REQUIREMENT. (a) From funds appropriated for the purpose or other | ||
funds that may be used for the purpose, the commissioner shall | ||
distribute funds for programs under this subchapter. In | ||
distributing those funds, the commissioner shall give preference to | ||
a school district that received funds under this subsection for the | ||
preceding school year and then to the districts that have the | ||
highest concentration of students at risk of dropping out of | ||
school, as described by Section 29.081. To receive funds for the | ||
program, a school district must apply to the commissioner. For each | ||
school year that a school district receives funds under this | ||
subsection, the district shall allocate an amount of local funds | ||
for school guidance and counseling programs that is equal to or | ||
greater than the amount of local funds that the school district | ||
allocated for that purpose during the preceding school year. This | ||
section applies only to a school district that receives funds as | ||
provided by this subsection. | ||
(b) A school district with 500 or more students enrolled in | ||
elementary school grades shall employ a school academic counselor | ||
certified under the rules of the State Board for Educator | ||
Certification for each elementary school in the district. A school | ||
district shall employ at least one school academic counselor for | ||
every 500 elementary school students in the district. | ||
(c) A school district with fewer than 500 students enrolled | ||
in elementary school grades shall provide guidance and counseling | ||
services to elementary school students by: | ||
(1) employing a part-time school academic counselor | ||
certified under the rules of the State Board for Educator | ||
Certification; | ||
(2) employing a part-time teacher certified as a | ||
school academic counselor under the rules of the State Board for | ||
Educator Certification; or | ||
(3) entering into a shared services arrangement | ||
agreement with one or more school districts to share a school | ||
academic counselor certified under the rules of the State Board for | ||
Educator Certification. | ||
SECTION 2.17. Section 33.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 33.005. DEVELOPMENTAL GUIDANCE AND COUNSELING | ||
PROGRAMS. A school academic counselor shall work with the school | ||
faculty and staff, students, parents, and the community to plan, | ||
implement, and evaluate a developmental guidance and counseling | ||
program. The school academic counselor shall design the program to | ||
include: | ||
(1) a guidance curriculum to help students develop | ||
their full educational potential, including the student's | ||
interests and career objectives; | ||
(2) a responsive services component to intervene on | ||
behalf of any student whose immediate personal concerns or problems | ||
put the student's continued educational, career, personal, or | ||
social development at risk; | ||
(3) an individual planning system to guide a student | ||
as the student plans, monitors, and manages the student's own | ||
educational, career, personal, and social development; and | ||
(4) system support to support the efforts of teachers, | ||
staff, parents, and other members of the community in promoting the | ||
educational, career, personal, and social development of students. | ||
SECTION 2.18. Section 33.006, Education Code, is amended to | ||
read as follows: | ||
Sec. 33.006. SCHOOL ACADEMIC COUNSELORS; GENERAL DUTIES. | ||
(a) The primary responsibility of a school academic counselor is to | ||
counsel students to fully develop each student's academic, career, | ||
personal, and social abilities. | ||
(b) In addition to a school academic counselor's | ||
responsibility under Subsection (a), the school academic counselor | ||
shall: | ||
(1) participate in planning, implementing, and | ||
evaluating a comprehensive developmental guidance program to serve | ||
all students and to address the special needs of students: | ||
(A) who are at risk of dropping out of school, | ||
becoming substance abusers, participating in gang activity, or | ||
committing suicide; | ||
(B) who are in need of modified instructional | ||
strategies; or | ||
(C) who are gifted and talented, with emphasis on | ||
identifying and serving gifted and talented students who are | ||
educationally disadvantaged; | ||
(2) consult with a student's parent or guardian and | ||
make referrals as appropriate in consultation with the student's | ||
parent or guardian; | ||
(3) consult with school staff, parents, and other | ||
community members to help them increase the effectiveness of | ||
student education and promote student success; | ||
(4) coordinate people and resources in the school, | ||
home, and community; | ||
(5) with the assistance of school staff, interpret | ||
standardized test results and other assessment data that help a | ||
student make educational and career plans; | ||
(6) deliver classroom guidance activities or serve as | ||
a consultant to teachers conducting lessons based on the school's | ||
guidance curriculum; and | ||
(7) except as provided by Subsection (c), serve as an | ||
impartial, nonreporting resource for interpersonal conflicts and | ||
discord involving two or more students, including accusations of | ||
bullying under Section 37.0832. | ||
(c) If a school district employs a school behavioral | ||
counselor, a duty imposed on a school academic counselor relating | ||
to a student's social development or abilities, including a duty | ||
imposed under Subsection (b)(7), may be assigned to the school | ||
behavioral counselor. | ||
(d) Nothing in Subsection (b)(7) exempts a school academic | ||
counselor or school behavioral counselor from any mandatory | ||
reporting requirements imposed by other provisions of law. | ||
SECTION 2.19. Section 33.007, Education Code, is amended to | ||
read as follows: | ||
Sec. 33.007. COUNSELING REGARDING POSTSECONDARY EDUCATION. | ||
(a) Each school academic counselor at an elementary, middle, or | ||
junior high school, including an open-enrollment charter school | ||
offering those grades, shall advise students and their parents or | ||
guardians regarding the importance of postsecondary education, | ||
coursework designed to prepare students for postsecondary | ||
education, and financial aid availability and requirements. | ||
(b) During the first school year a student is enrolled in a | ||
high school or at the high school level in an open-enrollment | ||
charter school, and again during each year of a student's | ||
enrollment in high school or at the high school level, a school | ||
academic counselor shall provide information about postsecondary | ||
education to the student and the student's parent or guardian. The | ||
information must include information regarding: | ||
(1) the importance of postsecondary education; | ||
(2) the advantages of earning an endorsement and a | ||
performance acknowledgment and completing the distinguished level | ||
of achievement under the foundation high school program under | ||
Section 28.025; | ||
(3) the disadvantages of taking courses to prepare for | ||
a high school equivalency examination relative to the benefits of | ||
taking courses leading to a high school diploma; | ||
(4) financial aid eligibility; | ||
(5) instruction on how to apply for federal financial | ||
aid; | ||
(6) the center for financial aid information | ||
established under Section 61.0776; | ||
(7) the automatic admission of certain students to | ||
general academic teaching institutions as provided by Section | ||
51.803; | ||
(8) the eligibility and academic performance | ||
requirements for the TEXAS Grant as provided by Subchapter M, | ||
Chapter 56; | ||
(9) the availability of programs in the district under | ||
which a student may earn college credit, including advanced | ||
placement programs, dual credit programs, joint high school and | ||
college credit programs, and international baccalaureate programs; | ||
and | ||
(10) the availability of education and training | ||
vouchers and tuition and fee waivers to attend an institution of | ||
higher education as provided by Section 54.366 for a student who is | ||
or was previously in the conservatorship of the Department of | ||
Family and Protective Services. | ||
(b-1) When providing information under Subsection (b)(10), | ||
the school academic counselor must report to the student and the | ||
student's parent or guardian the number of times the counselor has | ||
provided the information to the student. | ||
(c) At the beginning of grades 10 and 11, a school academic | ||
counselor certified under the rules of the State Board for Educator | ||
Certification shall explain the requirements of automatic | ||
admission to a general academic teaching institution under Section | ||
51.803 to each student enrolled in a high school or at the high | ||
school level in an open-enrollment charter school who has a grade | ||
point average in the top 25 percent of the student's high school | ||
class. | ||
SECTION 2.20. Sections 33.009(b), (c), (d), (h), and (i), | ||
Education Code, are amended to read as follows: | ||
(b) The center shall develop and make available | ||
postsecondary education and career counseling academies for school | ||
academic counselors and other postsecondary advisors employed by a | ||
school district at a middle school, junior high school, or high | ||
school. | ||
(c) In developing academies under this section, the center | ||
shall solicit input from the agency, school academic counselors, | ||
the Texas Workforce Commission, institutions of higher education, | ||
and business, community, and school leaders. | ||
(d) An academy developed under this section must provide | ||
school academic counselors and other postsecondary advisors with | ||
knowledge and skills to provide counseling to students regarding | ||
postsecondary success and productive career planning and must | ||
include information relating to: | ||
(1) each endorsement described by Section | ||
28.025(c-1), including: | ||
(A) the course requirements for each | ||
endorsement; and | ||
(B) the postsecondary educational and career | ||
opportunities associated with each endorsement; | ||
(2) available methods for a student to earn credit for | ||
a course not offered at the school in which the student is enrolled, | ||
including enrollment in an electronic course provided through the | ||
state virtual school network under Chapter 30A; | ||
(3) general academic performance requirements for | ||
admission to an institution of higher education, including the | ||
requirements for automatic admission to a general academic teaching | ||
institution under Section 51.803; | ||
(4) regional workforce needs, including information | ||
about the required education and the average wage or salary for | ||
careers that meet those workforce needs; and | ||
(5) effective strategies for engaging students and | ||
parents in planning for postsecondary education and potential | ||
careers, including participation in mentorships and business | ||
partnerships. | ||
(h) From funds appropriated for that purpose, a school | ||
academic counselor who attends the academy under this section is | ||
entitled to receive a stipend in the amount determined by the | ||
center. If funds are available after all eligible school academic | ||
counselors have received a stipend under this subsection, the | ||
center shall pay a stipend in the amount determined by the center to | ||
a teacher who attends the academy under this section. A stipend | ||
received under this subsection is not considered in determining | ||
whether a district is paying the school academic counselor or | ||
teacher the minimum monthly salary under Section 21.402. | ||
(i) From available funds appropriated for purposes of this | ||
section, the center may provide to school academic counselors and | ||
other educators curricula, instructional materials, and | ||
technological tools relating to postsecondary education and career | ||
counseling. | ||
SECTION 2.21. Section 38.0041(c), Education Code, is | ||
amended to read as follows: | ||
(c) The methods under Subsection (b)(1) for increasing | ||
awareness of issues regarding sexual abuse, sex trafficking, and | ||
other maltreatment of children must include training, as provided | ||
by this subsection, concerning prevention techniques for and | ||
recognition of sexual abuse, sex trafficking, and all other | ||
maltreatment of children. The training: | ||
(1) must be provided, as part of a new employee | ||
orientation, to all new school district and open-enrollment charter | ||
school employees and to existing district and open-enrollment | ||
charter school employees on a schedule adopted by the agency by rule | ||
until all district and open-enrollment charter school employees | ||
have taken the training; and | ||
(2) must include training concerning: | ||
(A) factors indicating a child is at risk for | ||
sexual abuse, sex trafficking, or other maltreatment; | ||
(B) likely warning signs indicating a child may | ||
be a victim of sexual abuse, sex trafficking, or other | ||
maltreatment; | ||
(C) internal procedures for seeking assistance | ||
for a child who is at risk for sexual abuse, sex trafficking, or | ||
other maltreatment, including referral to a school behavioral | ||
counselor or school academic counselor, a social worker, or another | ||
mental health professional; | ||
(D) techniques for reducing a child's risk of | ||
sexual abuse, sex trafficking, or other maltreatment; and | ||
(E) community organizations that have relevant | ||
existing research-based programs that are able to provide training | ||
or other education for school district or open-enrollment charter | ||
school staff members, students, and parents. | ||
SECTION 2.22. Section 56.308(b), Education Code, is amended | ||
to read as follows: | ||
(b) Each school district shall: | ||
(1) notify its middle school students, junior high | ||
school students, and high school students, those students' teachers | ||
and school academic counselors, and those students' parents of the | ||
TEXAS grant and Teach for Texas grant programs, the eligibility | ||
requirements of each program, the need for students to make | ||
informed curriculum choices to be prepared for success beyond high | ||
school, and sources of information on higher education admissions | ||
and financial aid in a manner that assists the district in | ||
implementing a strategy adopted by the district under Section | ||
11.252(a)(4); and | ||
(2) ensure that each student's official transcript or | ||
diploma indicates whether the student has completed or is on | ||
schedule to complete: | ||
(A) the recommended or advanced high school | ||
curriculum required for grant eligibility under Section 28.002 or | ||
28.025; or | ||
(B) for a school district covered by Section | ||
56.304(f)(1), the required portion of the recommended or advanced | ||
high school curriculum in the manner described by Section | ||
56.304(f)(2). | ||
SECTION 2.23. Chapter 784, Health and Safety Code, is | ||
amended to read as follows: | ||
CHAPTER 784. CRITICAL INCIDENT STRESS MANAGEMENT AND CRISIS | ||
RESPONSE SERVICES; LOCAL EMERGENCY RESPONSE NETWORKS | ||
Sec. 784.001. DEFINITIONS. In this chapter: | ||
(1) "Behavioral health professional" means: | ||
(A) a licensed professional counselor as defined | ||
by Section 503.002, Occupations Code; | ||
(B) a person who holds a clinical social worker | ||
license or master social worker license issued under Chapter 505, | ||
Occupations Code; or | ||
(C) a psychologist who holds a license to engage | ||
in the practice of psychology issued under Section 501.252, | ||
Occupations Code. | ||
(2) "Commission" means the Health and Human Services | ||
Commission. | ||
(3) "Crisis response service" means consultation, | ||
risk assessment, referral, and on-site crisis intervention | ||
services provided by an emergency response team member to a person | ||
affected by a crisis, disaster, or emergency, including a victim, a | ||
family member of a victim, and an emergency service provider | ||
affected by a crisis, [ |
||
(4) [ |
||
or cumulative psychological stress or trauma that an emergency | ||
service provider may experience in providing emergency services in | ||
response to a critical incident, including a crisis, disaster, or | ||
emergency. The stress or trauma is an unusually strong emotional, | ||
cognitive, or physical reaction that has the potential to interfere | ||
with normal functioning, including: | ||
(A) physical and emotional illness; | ||
(B) failure of usual coping mechanisms; | ||
(C) loss of interest in the job; | ||
(D) personality changes; and | ||
(E) loss of ability to function. | ||
(5) [ |
||
service" means a service providing a process of crisis intervention | ||
designed to assist an emergency service provider in coping with | ||
critical incident stress. The term includes consultation, | ||
counseling, debriefing, defusing, intervention services, case | ||
management services, prevention, and referral. | ||
(6) [ |
||
individual providing critical incident stress management services | ||
or crisis response services, or both, who is designated by the | ||
commission or a local mental health authority [ |
||
|
||
a local emergency response network [ |
||
association with the commission or local mental health authority | ||
[ |
||
(7) [ |
||
individual who provides emergency response services, including a | ||
law enforcement officer, firefighter, emergency medical services | ||
provider, dispatcher, or rescue service provider. | ||
(8) "Executive commissioner" means the executive | ||
commissioner of the commission. | ||
(9) "Local emergency response network" means an | ||
association or team of behavioral health professionals and other | ||
qualified persons that is organized by the commission or a local | ||
mental health authority, or the commission in cooperation with a | ||
local mental health authority, to provide critical incident stress | ||
management services or crisis response services in response to a | ||
critical incident, including a crisis, disaster, or emergency. | ||
Sec. 784.002. COMMISSION STAFF. The executive commissioner | ||
shall employ sufficient personnel in the appropriate division of | ||
the commission to implement and administer this chapter. | ||
Sec. 784.003. LOCAL EMERGENCY RESPONSE NETWORKS. (a) The | ||
commission, in cooperation with local mental health authorities, | ||
shall identify behavioral health professionals to serve as | ||
volunteer emergency response team members of a local emergency | ||
response network to: | ||
(1) expand local emergency response networks that | ||
provide critical incident stress management services and crisis | ||
response services to emergency service providers; and | ||
(2) establish local emergency response networks to | ||
provide crisis response services to victims of a crisis, disaster, | ||
or emergency and family members of those victims. | ||
(b) In expanding or establishing local emergency response | ||
networks under Subsection (a), commission staff may execute | ||
interagency agreements or memoranda of understanding with | ||
appropriate entities that employ behavioral health professionals, | ||
including school districts, public junior colleges, public or | ||
private institutions of higher education, and other state agencies. | ||
Sec. 784.004. TRAINING. The commission shall ensure that | ||
each emergency response team member of a local emergency response | ||
network receives appropriate and current training regarding: | ||
(1) the provision of critical incident stress | ||
management services or crisis response services; and | ||
(2) commission rules adopted to ensure consistency in | ||
the statewide delivery of those services. | ||
Sec. 784.005 [ |
||
provided by Subsection (b) and notwithstanding Chapter 551, | ||
Government Code, or any other law, a meeting in which critical | ||
incident stress management services or crisis response services are | ||
provided by an emergency response team member [ |
||
|
||
(1) is closed to the general public; and | ||
(2) may be closed to any individual who was not | ||
directly involved in the critical incident or crisis. | ||
(b) Subsection (a) does not apply if a person receiving the | ||
services[ |
||
[ |
||
representative of that person [ |
||
the meeting may be open to the general public or to certain | ||
individuals[ |
||
[ |
||
Sec. 784.006 [ |
||
otherwise provided by this section: | ||
(1) a communication made by a victim, a family member | ||
of a victim, or an emergency service provider to an emergency | ||
response team member while receiving [ |
||
critical incident stress management services or crisis response | ||
services is confidential and may not be disclosed in a civil, | ||
criminal, or administrative proceeding; and | ||
(2) a record kept by a person who receives critical | ||
incident stress management services or crisis response services | ||
from an emergency response team member relating to the provision of | ||
those services [ |
||
|
||
|
||
introduction into evidence in a civil, criminal, or administrative | ||
proceeding. | ||
(b) A court in a civil or criminal case or the | ||
decision-making entity in an administrative proceeding may allow | ||
disclosure of a communication or record described by Subsection (a) | ||
if the court or entity finds that the benefit of allowing disclosure | ||
of the communication or record is more important than protecting | ||
the privacy of the individual. | ||
(c) A communication or record described by Subsection (a) is | ||
not confidential if: | ||
(1) the emergency response team member reasonably | ||
needs to make an appropriate referral of the person receiving | ||
critical incident stress management services or crisis response | ||
services [ |
||
person [ |
||
appropriate professional associated with the team; | ||
(2) the communication conveys information that the | ||
person receiving critical incident stress management services or | ||
crisis response services [ |
||
to be an imminent threat to the provider or anyone else; | ||
(3) the communication conveys information relating to | ||
a past, present, or future criminal act that does not directly | ||
relate to the critical incident or crisis; | ||
(4) the person receiving critical incident stress | ||
management services or crisis response services [ |
||
|
||
expressly agrees that the communication or record is not | ||
confidential; or | ||
(5) the person receiving critical incident stress | ||
management services or crisis response services [ |
||
|
||
(d) A communication or record described by Subsection (a) is | ||
not confidential to the extent that it conveys information | ||
concerning the services and care provided to or withheld by an [ |
||
emergency service provider to an individual injured in the critical | ||
incident or during the crisis. | ||
Sec. 784.007 [ |
||
Except as provided by Subsection (b), an emergency response team or | ||
an emergency response team member providing critical incident | ||
stress management services or crisis response services is not | ||
liable for damages, including personal injury, wrongful death, | ||
property damage, or other loss related to the team's or member's | ||
act, error, or omission in the performance of the services, unless | ||
the act, error, or omission constitutes wanton, wilful, or | ||
intentional misconduct. | ||
(b) Subsection (a) limits liability for damages in any civil | ||
action, other than an action under Chapter 74, Civil Practice and | ||
Remedies Code. | ||
Sec. 784.008. RULES. The executive commissioner shall | ||
adopt rules necessary to administer this chapter. | ||
SECTION 2.24. Section 772.0074(e), Government Code, is | ||
amended to read as follows: | ||
(e) Critical incident stress debriefing provided using | ||
money distributed under the grant program is subject to the | ||
confidentiality protections provided under Section 784.006 | ||
[ |
||
SECTION 2.25. (a) A joint interim committee is created to | ||
study, review, and report on statutes involving protective orders | ||
that provide for a court to temporarily prohibit a person from | ||
possessing a firearm, and to propose necessary statutory reforms as | ||
provided by Subsection (g) of this section. | ||
(b) The joint interim committee is composed of three | ||
senators appointed by the lieutenant governor and three members of | ||
the house of representatives appointed by the speaker of the house | ||
of representatives. | ||
(c) The lieutenant governor and speaker of the house of | ||
representatives each shall designate a co-chair from among the | ||
joint interim committee members. | ||
(d) The joint interim committee shall convene at the joint | ||
call of the co-chairs. | ||
(e) The joint interim committee has all other powers and | ||
duties provided to a special or select committee by the rules of the | ||
senate and house of representatives, by Subchapter B, Chapter 301, | ||
Government Code, and by policies of the senate and house committees | ||
on administration. | ||
(f) The joint interim committee shall study any relevant | ||
information, including protective order laws of this and other | ||
states that provide for a court to temporarily remove a person's | ||
ability to possess a firearm if that person's possession of a | ||
firearm poses a risk of harm to self or others. | ||
(g) The joint interim committee shall propose statutory | ||
reforms based on the study required under Subsection (f) of this | ||
section as necessary to ensure that courts are able to quickly | ||
identify a person whose possession of a firearm poses a risk of harm | ||
to self or others and temporarily remove that person's ability to | ||
possess a firearm, while maintaining the highest standards of due | ||
process to prevent infringement on a person's right to lawfully own | ||
a firearm. | ||
(h) Not later than December 1, 2020, the joint interim | ||
committee shall submit to the lieutenant governor, the speaker of | ||
the house of representatives, and the governor a report containing | ||
the committee's recommendations of specific statutory changes that | ||
appear necessary from the committee's study made under Subsection | ||
(g) of this section. | ||
(i) Not later than the 60th day after the effective date of | ||
this Act, the lieutenant governor and speaker of the house of | ||
representatives shall appoint the members of the joint interim | ||
committee in accordance with Subsection (b) of this section. | ||
(j) The joint interim committee is abolished and this | ||
section expires January 1, 2021. | ||
ARTICLE 3. CRIMINAL HISTORY, MENTAL HEALTH RECORDS, AND ACCESS TO | ||
FIREARMS | ||
SECTION 3.01. Subchapter C, Chapter 72, Government Code, is | ||
amended by adding Section 72.0305 to read as follows: | ||
Sec. 72.0305. STATEWIDE CASE MANAGEMENT SYSTEM. (a) The | ||
office shall implement a statewide case management system: | ||
(1) to provide to counties, the Department of Public | ||
Safety, and other state agencies, as determined by the office, | ||
immediate access to judicial case information; and | ||
(2) for timely reporting of criminal history and | ||
mental health records and domestic violence protective orders for | ||
background checks. | ||
(b) The statewide case management system must: | ||
(1) include each document or pleading filed for a | ||
felony criminal matter, mental health adjudication, or domestic | ||
violence protective order in a state court unless electronic filing | ||
for the document or pleading is prohibited under any other law; | ||
(2) allow state court judges access to the system for | ||
criminal offense sentencing determinations or to perform other | ||
duties assigned by law; | ||
(3) allow counties, the Department of Public Safety, | ||
and other state agencies, as determined by the office, access to | ||
information in the system necessary to perform duties assigned by | ||
law; | ||
(4) automatically deliver arrest and conviction | ||
information, mental health adjudication records, and domestic | ||
violence protective order information to counties, the Department | ||
of Public Safety, and other state agencies, as determined by the | ||
office, as necessary to perform duties assigned by law; | ||
(5) maximize the automation and transmission of | ||
criminal history and mental health records to the National Instant | ||
Criminal Background Check System operated by the Federal Bureau of | ||
Investigation and any other state or national criminal and mental | ||
health record repositories determined by the office to be | ||
appropriate; | ||
(6) to the extent feasible, integrate with the | ||
electronic filing system established under Section 72.031; | ||
(7) provide a method for archiving expired domestic | ||
violence protection orders; | ||
(8) provide privacy protections for sealed records and | ||
other records protected by law; | ||
(9) limit system access to persons who have undergone | ||
training in the proper use of information provided by the system; | ||
(10) capture case statistics and other necessary | ||
judicial information as determined by the office, including | ||
information on the use of reentry and diversion programs, bail | ||
amounts and conditions, and recidivism; and | ||
(11) share the statistics and information captured | ||
under Subdivision (10) with appropriate state agencies as | ||
determined by the office. | ||
(c) The office may contract with a person to establish and | ||
maintain the statewide case management system. The office shall | ||
initially focus on establishing the system in counties with a | ||
population of less than 20,000 and expand the system to larger | ||
counties as time and money allow. | ||
(d) The office shall seek to obtain all available federal | ||
money to implement the statewide case management system. | ||
(e) Information in the statewide case management system is | ||
exempt from disclosure under Chapter 552. | ||
(f) The Department of Public Safety shall assist the office | ||
in implementing the statewide case management system and ensuring | ||
the system interacts with existing state and national criminal and | ||
mental health record repositories. The office and department may | ||
enter into a memorandum of understanding stating the duties of each | ||
agency in implementing the system. | ||
(g) Not later than December 1 of each even-numbered year, | ||
the office shall submit to the legislature and Legislative Budget | ||
Board a report on the statewide case management system, including a | ||
financial report detailing any additional state money needed. | ||
SECTION 3.02. Sections 411.052(a), (b), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) In this section: | ||
(1) "Family violence misdemeanor" means a misdemeanor | ||
crime of domestic violence under 18 U.S.C. Section 921. | ||
(2) "Federal[ |
||
information" means information that identifies an individual as: | ||
(A) [ |
||
inpatient mental health services under Chapter 574, Health and | ||
Safety Code; | ||
(B) [ |
||
by reason of insanity or lack of mental responsibility, regardless | ||
of whether the person is ordered by a court to receive inpatient | ||
treatment or residential care under Chapter 46C, Code of Criminal | ||
Procedure; | ||
(C) [ |
||
intellectual disability [ |
||
court for long-term placement in a residential care facility under | ||
Chapter 593, Health and Safety Code; | ||
(D) [ |
||
whom a court has appointed a guardian of the individual under Title | ||
3, Estates Code, based on the determination that the person lacks | ||
the mental capacity to manage the person's affairs; [ |
||
(E) [ |
||
to stand trial under Chapter 46B, Code of Criminal Procedure; | ||
(F) a person convicted of or placed on deferred | ||
adjudication community supervision for a felony; | ||
(G) a person convicted of or placed on deferred | ||
adjudication community supervision for a family violence | ||
misdemeanor; | ||
(H) a person subject to a protective order under | ||
Chapter 85, Family Code; or | ||
(I) a person subject to a magistrate's order for | ||
emergency protection under Article 17.292, Code of Criminal | ||
Procedure, based on an arrest for an offense involving family | ||
violence. | ||
(b) The department by rule shall establish a procedure to | ||
promptly provide federal prohibited person information to the | ||
Federal Bureau of Investigation for use with the National Instant | ||
Criminal Background Check System. Except as otherwise provided by | ||
state law, the department may disseminate federal prohibited person | ||
information under this subsection only to the extent necessary to | ||
allow the Federal Bureau of Investigation to collect and maintain a | ||
list of persons who are prohibited under federal law from engaging | ||
in certain activities with respect to a firearm. | ||
(e) The department by rule shall establish a procedure to | ||
correct department records and transmit those corrected records to | ||
the Federal Bureau of Investigation when a person provides: | ||
(1) a copy of a judicial order or finding that a person | ||
is no longer an incapacitated adult or is entitled to relief from | ||
disabilities under Section 574.088, Health and Safety Code; [ |
||
(2) proof that the person has obtained notice of | ||
relief from disabilities under 18 U.S.C. Section 925; | ||
(3) proof that the person is no longer ineligible to | ||
possess a firearm based on the commission of a felony or a family | ||
violence misdemeanor; or | ||
(4) proof that the person is no longer subject to a | ||
protective order under Chapter 85, Family Code, or a magistrate's | ||
order for emergency protection under Article 17.292, Code of | ||
Criminal Procedure. | ||
SECTION 3.03. Section 411.0521, Government Code, is amended | ||
by amending Subsections (a), (b), and (d) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) The clerk of the court shall prepare and forward to the | ||
department the information described by Subsection (b) not later | ||
than 48 hours [ |
||
(1) orders a person to receive inpatient mental health | ||
services under Chapter 574, Health and Safety Code; | ||
(2) acquits a person in a criminal case by reason of | ||
insanity or lack of mental responsibility, regardless of whether | ||
the person is ordered to receive inpatient treatment or residential | ||
care under Chapter 46C, Code of Criminal Procedure; | ||
(3) commits a person determined to have an | ||
intellectual disability [ |
||
placement in a residential care facility under Chapter 593, Health | ||
and Safety Code; | ||
(4) appoints a guardian of the incapacitated adult | ||
individual under Title 3, Estates Code, based on the determination | ||
that the person lacks the mental capacity to manage the person's | ||
affairs; | ||
(5) determines a person is incompetent to stand trial | ||
under Chapter 46B, Code of Criminal Procedure; [ |
||
(6) finds a person is entitled to relief from | ||
disabilities under Section 574.088, Health and Safety Code; | ||
(7) issues a protective order under Chapter 85, Family | ||
Code; or | ||
(8) issues a magistrate's order for emergency | ||
protection under Article 17.292, Code of Criminal Procedure, based | ||
on an arrest for an offense involving family violence. | ||
(a-1) The clerk of the court shall prepare and forward to | ||
the department the information described by Subsection (b) not | ||
later than the 15th day after the date the court: | ||
(1) enters a judgment of conviction or an order of | ||
deferred adjudication community supervision with respect to a | ||
felony; or | ||
(2) enters a judgment of conviction or an order of | ||
deferred adjudication community supervision with respect to a | ||
family violence misdemeanor as defined by Section 411.052. | ||
(b) The clerk of the court shall prepare and forward the | ||
following information under Subsection (a) or (a-1): | ||
(1) the complete name, race, and sex of the person; | ||
(2) any known identifying number of the person, | ||
including social security number, driver's license number, or state | ||
identification number; | ||
(3) the person's date of birth; and | ||
(4) the federal prohibited person information that is | ||
the basis of the report required by this section. | ||
(d) If an order previously reported to the department under | ||
Subsection (a) or (a-1) is reversed by order of any court, the clerk | ||
shall notify the department of the reversal not later than 30 days | ||
after the clerk receives the mandate from the appellate court. | ||
SECTION 3.04. Section 46.13(a), Penal Code, is amended by | ||
amending Subdivision (1) and adding Subdivision (2-a) to read as | ||
follows: | ||
(1) "Child" means a person younger than 18 [ |
||
of age. | ||
(2-a) "School" means a private or public primary or | ||
secondary school. | ||
SECTION 3.05. Sections 46.13(b), (c), (d), and (g), Penal | ||
Code, are amended to read as follows: | ||
(b) A person commits an offense if: | ||
(1) [ |
||
|
||
(A) fails [ |
||
dischargeable [ |
||
(B) leaves a readily dischargeable [ |
||
|
||
known a [ |
||
(2) a child gains access to the firearm and: | ||
(A) brings the firearm: | ||
(i) in or on any real property owned by or | ||
rented or leased to a school, school board, or other governing body | ||
of a school; or | ||
(ii) on a school bus; or | ||
(B) discharges the firearm causing death or | ||
serious bodily injury to the child or another person. | ||
(c) It is an affirmative defense to prosecution under this | ||
section that the child's access to the firearm: | ||
(1) was supervised by a person older than 18 years of | ||
age and was for hunting, sporting, or other lawful purposes; | ||
(2) consisted of lawful defense by the child of people | ||
or real or personal property; | ||
(3) was gained by entering real or personal property, | ||
including a vehicle, in violation of this code; or | ||
(4) occurred during a time when the actor was engaged | ||
in an agricultural enterprise. | ||
(d) An [ |
||
under this section is a Class A [ |
||
offense described by Subsection (b)(2)(B) is a felony of the third | ||
degree. | ||
(g) A dealer of firearms shall post in a conspicuous | ||
position on the premises where the dealer conducts business a sign | ||
that contains the following warning in block letters not less than | ||
one inch in height: | ||
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED | ||
FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN | ||
ACCESS TO THE FIREARM. VIOLATION MAY RESULT IN CRIMINAL AND CIVIL | ||
LIABILITY." | ||
SECTION 3.06. Chapter 46, Penal Code, is amended by adding | ||
Section 46.16 to read as follows: | ||
Sec. 46.16. FAILURE TO REPORT STOLEN FIREARM. (a) A person | ||
commits an offense if the person: | ||
(1) owns a firearm that is subsequently stolen from | ||
the person; and | ||
(2) fails to report the theft to a peace officer or law | ||
enforcement agency on or before the 10th day after the date the | ||
person became aware the firearm was stolen. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
(c) If conduct constituting an offense under this section | ||
also constitutes an offense under another section of this code, the | ||
actor may be prosecuted under either section or under both | ||
sections. | ||
SECTION 3.07. Section 46.13(e), Penal Code, is repealed. | ||
SECTION 3.08. As soon as practicable after the effective | ||
date of this Act, the Office of Court Administration of the Texas | ||
Judicial System shall: | ||
(1) develop a plan for implementing the statewide case | ||
management system required by Section 72.0305, Government Code, as | ||
added by this article; | ||
(2) estimate the cost of implementing and operating | ||
the system; and | ||
(3) apply for all federal money available for | ||
implementing and operating the system, including money available | ||
under the Fix NICS Act of 2018 (Pub. L. No. 115-141). | ||
SECTION 3.09. The changes in law made by this article to | ||
Sections 411.052 and 411.0521, Government Code, apply only to a | ||
judgment or order entered or issued on or after the effective date | ||
of this Act. A judgment or order entered or issued before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the judgment or order was entered or issued, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 3.10. Section 46.16(a), Penal Code, as added by | ||
this article, applies only to a firearm that is stolen on or after | ||
the effective date of this Act. A firearm that was stolen before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the firearm was stolen, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3.11. The changes in law made by this article to | ||
Section 46.13, Penal Code, apply only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense occurred before that date. | ||
ARTICLE 4. CONFLICT OF LAW; EFFECTIVE DATE | ||
SECTION 4.01. To the extent of any conflict, this Act | ||
prevails over another Act of the 86th Legislature, Regular Session, | ||
2019, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 4.02. This Act takes effect September 1, 2019. |