Bill Text: TX SB460 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to training for public school teachers in the detection and education of students at risk for suicide or with other mental or emotional disorders and the inclusion of mental health concerns in coordinated school health efforts.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB460 Detail]
Download: Texas-2013-SB460-Enrolled.html
S.B. No. 460 |
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relating to training for public school teachers in the detection | ||
and education of students at risk for suicide or with other mental | ||
or emotional disorders and the inclusion of mental health concerns | ||
in coordinated school health efforts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (e), Section 74.151, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
(e) Except as provided by this subsection, this [ |
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section does not apply to a person whose negligent act or omission | ||
was a producing cause of the emergency for which care is being | ||
administered. This subsection does not apply to liability of a | ||
school district or district school officer or employee arising from | ||
an act or omission under a program or policy or procedure adopted | ||
under Subchapter O-1, Chapter 161, Health and Safety Code, other | ||
than liability arising from wilful or intentional misconduct. | ||
SECTION 2. Section 21.044, Education Code, is amended by | ||
adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) Any minimum academic qualifications for a certificate | ||
specified under Subsection (a) that require a person to possess a | ||
bachelor's degree must also require that the person receive, as | ||
part of the training required to obtain that certificate, | ||
instruction in detection of students with mental or emotional | ||
disorders. | ||
(c-2) The instruction under Subsection (c-1) must: | ||
(1) be developed by a panel of experts in the diagnosis | ||
and treatment of mental or emotional disorders who are appointed by | ||
the board; and | ||
(2) include information on: | ||
(A) characteristics of the most prevalent mental | ||
or emotional disorders among children; | ||
(B) identification of mental or emotional | ||
disorders; | ||
(C) effective strategies for teaching and | ||
intervening with students with mental or emotional disorders, | ||
including de-escalation techniques and positive behavioral | ||
interventions and supports; and | ||
(D) providing, in compliance with Section | ||
38.010, notice and referral to a parent or guardian of a student | ||
with a mental or emotional disorder so that the parent or guardian | ||
may take appropriate action such as seeking mental health services. | ||
SECTION 3. Subsection (c), Section 28.004, Education Code, | ||
is amended to read as follows: | ||
(c) The local school health advisory council's duties | ||
include recommending: | ||
(1) the number of hours of instruction to be provided | ||
in health education; | ||
(2) policies, procedures, strategies, and curriculum | ||
appropriate for specific grade levels designed to prevent obesity, | ||
cardiovascular disease, [ |
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concerns through coordination of: | ||
(A) health education; | ||
(B) physical education and physical activity; | ||
(C) nutrition services; | ||
(D) parental involvement; [ |
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(E) instruction to prevent the use of tobacco; | ||
(F) school health services; | ||
(G) counseling and guidance services; | ||
(H) a safe and healthy school environment; and | ||
(I) school employee wellness; | ||
(3) appropriate grade levels and methods of | ||
instruction for human sexuality instruction; and | ||
(4) strategies for integrating the curriculum | ||
components specified by Subdivision (2) with the following elements | ||
in a coordinated school health program for the district: | ||
(A) school health services; | ||
(B) counseling and guidance services; | ||
(C) a safe and healthy school environment; and | ||
(D) school employee wellness. | ||
SECTION 4. Section 161.325, Health and Safety Code, is | ||
amended by adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) Except as otherwise provided by this subsection, each | ||
school district shall provide training described in the components | ||
set forth under Subsection (b) for teachers, counselors, | ||
principals, and all other appropriate personnel. A school district | ||
is required to provide the training at an elementary school campus | ||
only to the extent that sufficient funding and programs are | ||
available. A school district may implement a program on the list to | ||
satisfy the requirements of this subsection. | ||
(c-2) If a school district provides the training under | ||
Subsection (c-1): | ||
(1) a school district employee described under that | ||
subsection must participate in the training at least one time; and | ||
(2) the school district shall maintain records that | ||
include the name of each district employee who participated in the | ||
training. | ||
SECTION 5. Subchapter O-1, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.326 to read as follows: | ||
Sec. 161.326. IMMUNITY. This subchapter does not: | ||
(1) waive any immunity from liability of a school | ||
district or of district school officers or employees; | ||
(2) create any liability for a cause of action against | ||
a school district or against district school officers or employees; | ||
or | ||
(3) waive any immunity from liability under Section | ||
74.151, Civil Practice and Remedies Code. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 460 passed the Senate on | ||
May 2, 2013, by the following vote: Yeas 31, Nays 0; | ||
May 23, 2013, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 25, 2013, House | ||
granted request of the Senate; May 26, 2013, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 460 passed the House, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 112, | ||
Nays 35, one present not voting; May 25, 2013, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 26, 2013, House adopted Conference Committee Report by the | ||
following vote: Yeas 97, Nays 35, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |