By: King of Hemphill, Burrows,	H.B. No. 13
	King of Uvalde, González of El Paso,

	A BILL TO BE ENTITLED
	AN ACT
	relating to training, preparedness, and funding for school safety
	and emergencies in public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter Z, Chapter 22, Education Code, is
	amended by adding Section 22.904 to read as follows:
	Sec. 22.904.  MENTAL HEALTH FIRST AID TRAINING. (a)  Except
	as otherwise provided by this section, a school district shall
	require each district employee who regularly interacts with
	students enrolled at the district to complete an evidence-based
	mental health first aid training program designed to provide
	instruction to participants regarding the recognition and support
	of children and youth who experience a mental health or substance
	use issue that may pose a threat to school safety.
	(b)  A school district may not require a district employee
	who has previously completed mental health first aid training
	offered by a local mental health authority under Section 1001.203,
	Health and Safety Code, to complete the training required by this
	section.
	(c)  The agency shall provide an allotment to each school
	district equal to the sum of the amount district employees spent on
	travel and training fees and the product of each employee's hourly
	salary multiplied by the number of hours that employee spent
	completing the training in accordance with commissioner rule to
	comply with this section. An allotment provided to a district under
	this section must be used to reimburse the employee for the cost of
	travel and training fees and to compensate the employee for the time
	spent completing the training required by this section.
	(d)  The State Board for Educator Certification shall
	propose rules allowing an educator to receive credit toward the
	educator's continuing education requirements under Section
	21.054(g) for the educator's participation in mental health first
	aid training under this section.
	(e)  The commissioner shall adopt rules to implement this
	section, including rules specifying the training fees and travel
	expenses subject to reimbursement under Subsection (c).
	SECTION 2.  Subchapter Z, Chapter 29, Education Code, is
	amended by adding Section 29.9074 to read as follows:
	Sec. 29.9074.  FENTANYL POISONING AWARENESS WEEK. (a)  To
	educate students about the dangers posed by the drug fentanyl and
	the risks of fentanyl poisoning, including overdose, the governor
	shall designate a week to be known as Fentanyl Poisoning Awareness
	Week in public schools.
	(b)  Fentanyl Poisoning Awareness Week may include
	age-appropriate instruction, including instruction on the
	prevention of the abuse of and addiction to fentanyl, as determined
	by each school district.
	SECTION 3.  Section 37.0812(a), Education Code, is amended
	to read as follows:
	(a)  A school district peace officer or school resource
	officer shall complete an active shooter response training program
	approved by the Texas Commission on Law Enforcement at least once in
	each four-year period.
	SECTION 4.  Subchapter C, Chapter 37, Education Code, is
	amended by adding Section 37.08121 to read as follows:
	Sec. 37.08121.  SCHOOL SENTINEL PROGRAM, TRAINING, AND
	STIPEND.  (a)  In this section, "school sentinel" means a school
	district or open-enrollment charter school employee who, pursuant
	to the written regulations or written authorization of the district
	or school under Section 46.03(a)(1)(A), Penal Code, is authorized
	to carry or possess a specified weapon for the purpose of providing
	safety and security on the physical premises of the employee's
	school, any grounds or building on which an activity sponsored by
	the school is being conducted, or a passenger transportation
	vehicle of the school.
	(b)  A school district or open-enrollment charter school may
	establish a school sentinel program in accordance with this section
	for the purposes of school safety and security on school premises.
	The written regulation or authorization of a school district or
	open-enrollment charter school that authorizes the presence of a
	school sentinel must require the sentinel to complete a school
	sentinel training program approved by the agency under this section
	before being permitted to carry or possess a weapon on the physical
	premises of the school for the purposes of providing safety and
	security.
	(c)  A school district or open-enrollment charter school
	that authorizes the presence of a school guardian under this
	section shall:
	(1)  designate a marking or uniform that identifies to
	a law enforcement agency that the person is a school guardian;
	(2)  require each school guardian to wear a marking or
	uniform described by Subdivision (1) while providing school
	guardian services at the district or school in the manner provided
	under Subsection (a); and
	(3)  maintain information regarding the marking or
	uniform designated under Subdivision (1) as confidential except
	that the district or school shall disclose the information to an
	appropriate law enforcement agency in accordance with Section
	37.108(g).
	(d)  The agency may only approve a school sentinel training
	program if the program:
	(1)  requires completion of all training required for a
	school marshal, including the training program provided under
	Section 1701.260, Occupations Code; and
	(2)  includes instruction in mental health first aid
	and trauma-informed care.
	(e)  From funds appropriated or otherwise available for the
	purpose, a school district or open-enrollment charter school
	employee is entitled to a stipend in an amount determined by the
	commissioner of not more than $25,000 per school year that the
	employee serves as a school sentinel after completing the training
	program required by this section.  A stipend received under this
	subsection is not considered a part of the employee's compensation,
	including for purposes of determining whether a school district is
	paying an employee the minimum monthly salary under Section 21.402.
	(f)  The commissioner shall adopt rules necessary to
	implement this section.
	SECTION 5.  Subchapter C, Chapter 37, Education Code, is
	amended by adding Section 37.089 to read as follows:
	Sec. 37.089.  ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL
	GROUNDS. (a) Subject to Subsection (b), a person permitted to carry
	a firearm on the campus of a school district may not perform the
	routine law enforcement duties of a peace officer, including making
	arrests, unless the duty is performed in response to an emergency
	that poses a threat of death or serious bodily injury to a student,
	school district employee, or other individual at the district
	campus.
	(b)  Subsection (a) does not apply to a commissioned peace
	officer who is assigned law enforcement duties that are included in
	campus and district documents describing the role of peace officers
	in the district as required by Section 37.081(d).
	SECTION 6.  Section 37.115(c), Education Code, is amended to
	read as follows:
	(c)  The board of trustees of each school district shall
	establish a threat assessment and safe and supportive school team
	to serve at each campus of the district and shall adopt policies and
	procedures for the teams.  The team is responsible for developing
	and implementing the safe and supportive school program under
	Subsection (b) at the district campus served by the team.  The
	policies and procedures adopted under this section must:
	(1)  be consistent with the model policies and
	procedures developed by the Texas School Safety Center;
	(2)  require each team to complete training provided by
	the Texas School Safety Center or a regional education service
	center regarding evidence-based threat assessment programs; [and]
	(3)  require each team established under this section
	to report the information required under Subsection (k) regarding
	the team's activities to the agency; and
	(4)  require each district campus to establish a clear
	procedure for a student to report concerning behavior exhibited by
	another student for assessment by the team or other appropriate
	school employee.
	SECTION 7.  Section 37.108(g), Education Code, is amended to
	read as follows:
	(g)  A school district shall include in its multihazard
	emergency operations plan an active shooter preparedness appendix.
	The active shooter preparedness appendix must include a
	certification by the district that the district has provided to
	each law enforcement agency with jurisdiction in the district or
	geographic area served by the district:
	(1)  information regarding the identity of the school
	guardian authorized under Section 37.08121 at each district campus
	and the marking or uniform worn by the school guardian or other
	manner in which a law enforcement agency may confidentially
	identify the school guardian;
	(2)  an accurate map of each district campus that is
	oriented to true north; and
	(3)  an opportunity to conduct a walk-through of each
	district facility.  [a policy for responding to an active shooter
	emergency.  The school district may use any available community
	resources in developing the policy described by this subsection.]
	SECTION 8.  Subchapter D, Chapter 37, Education Code, is
	amended by adding Section 37.116 to read as follows:
	Sec. 37.116.  SCHOOL SAFETY INFRASTRUCTURE GRANT PROGRAM.
	(a)  With funds appropriated or otherwise available for the
	purpose, the agency shall establish a grant program to assist
	school districts and open-enrollment charter schools with any cost
	identified by a district or school as necessary for enhancing the
	infrastructure of each district or school campus to meet agency
	safety standards.
	(b)  The commissioner shall adopt rules to implement this
	section.
	SECTION 9.  Section 38.022, Education Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  A school district may require a person who enters
	property under the district's control [a district campus] to
	display the person's driver's license, [or] another form of
	identification containing the person's photograph issued by a
	governmental entity, or, if applicable, the person's district
	employee or student identification card.  The person must provide
	the identification on request.
	(a-1)  A school district may eject a person from district
	property if:
	(1)  the person refuses or fails to provide on request
	identification described by Subsection (a); and
	(2)  it reasonably appears that the person has no
	legitimate reason to be on district property.
	SECTION 10.  Subchapter A, Chapter 38, Education Code, is
	amended by adding Section 38.040 to read as follows:
	Sec. 38.040.  FENTANYL ABUSE PREVENTION AND DRUG POISONING
	AWARENESS EDUCATION. (a) Each school district shall annually
	provide research-based instruction related to fentanyl abuse
	prevention and drug poisoning awareness to students in grades 6
	through 12.
	(b)  The instruction required by this section must include:
	(1)  suicide prevention;
	(2)  prevention of the abuse of and addiction to
	fentanyl;
	(3)  awareness of local school and community resources
	and any processes involved in accessing those resources; and
	(4)  health education that includes information about
	substance use and abuse, including youth substance use and abuse.
	(c)  The instruction required by this section may be provided
	by an entity or an employee or agent of an entity that is:
	(1)  a public or private institution of higher
	education;
	(2)  a library;
	(3)  a community service organization;
	(4)  a religious organization;
	(5)  a local public health agency; or
	(6)  an organization employing mental health
	professionals.
	SECTION 11.  Subchapter A, Chapter 38, Education Code, is
	amended by adding Sections 38.046 and 38.047 to read as follows:
	Sec. 38.046.  FENTANYL CONTAMINATION TRAINING PROGRAM FOR
	SCHOOL PERSONNEL. (a) The agency, in cooperation with The
	University of Texas Health Science Center at San Antonio, shall
	develop:
	(1)  an evidence-based curriculum for students in
	grades 6 through 12 on the dangers of fentanyl contamination for use
	by school district and open-enrollment charter school employees;
	and
	(2)  a professional development training program on
	providing the training developed under Subdivision (1).
	(b)  The agency shall distribute curriculum and training
	materials for the training program developed under this section to
	each regional education service center.
	Sec. 38.047.  FENTANYL CONTAMINATION GRANT PROGRAM. (a) The
	agency shall establish a grant program to provide funding to school
	districts and open-enrollment charter schools for community and
	school outreach programs on the dangers of fentanyl contamination.
	(b)  The commissioner may adopt rules as necessary to
	administer the grant program established under this section.
	SECTION 12.  Section 38.351, Education Code, is amended by
	adding Subsection (g-1) to read as follows:
	(g-1)  A school district may satisfy a requirement to
	implement a program in the area of substance abuse prevention and
	intervention by providing instruction related to youth substance
	use and abuse education under Section 38.040.
	SECTION 13.  Section 48.115, Education Code, is amended by
	amending Subsections (a) and (b) and adding Subsections (c-1) and
	(c-2) to read as follows:
	(a)  A [From funds appropriated for that purpose, the
	commissioner shall provide to a] school district is entitled to an
	annual allotment of $100 [in the amount provided by appropriation]
	for each student in average daily attendance.
	(b)  Funds allocated under this section must be used to
	improve school safety and security [, including costs associated
	with:
	[(1)  securing school facilities, including:
	[(A)  improvements to school infrastructure;
	[(B)  the use or installation of physical
	barriers; and
	[(C)  the purchase and maintenance of:
	[(i)  security cameras or other security
	equipment; and
	[(ii)  technology, including communications
	systems or devices, that facilitates communication and information
	sharing between students, school personnel, and first responders in
	an emergency;
	[(2)  providing security for the district, including:
	[(A)  employing school district peace officers,
	private security officers, and school marshals; and
	[(B)  collaborating with local law enforcement
	agencies, such as entering into a memorandum of understanding for
	the assignment of school resource officers to schools in the
	district;
	[(3)  school safety and security training and planning,
	including:
	[(A)  active shooter and emergency response
	training;
	[(B)  prevention and treatment programs relating
	to addressing adverse childhood experiences; and
	[(C)  the prevention, identification, and
	management of emergencies and threats, using evidence-based,
	effective prevention practices and including:
	[(i)  providing licensed counselors, social
	workers, and individuals trained in restorative discipline and
	restorative justice practices;
	[(ii)  providing mental health personnel and
	support;
	[(iii)  providing behavioral health
	services;
	[(iv)  establishing threat reporting
	systems; and
	[(v)  developing and implementing programs
	focused on restorative justice practices, culturally relevant
	instruction, and providing mental health support; and
	[(4)  providing programs related to suicide
	prevention, intervention, and postvention].
	(c-1)  The agency, or if designated by the agency, the Texas
	School Safety Center, shall establish and publish a directory of
	approved vendors of school safety technology and equipment,
	including video surveillance equipment for use as provided by
	Section 29.022, a school district may select from when using funds
	allocated under this section.  If a school district uses funds
	allocated under this section to purchase technology or equipment
	from a vendor that is not included in the directory, the district
	must solicit bids from at least three vendors before completing the
	purchase.
	(c-2)  Subsection (c-1) does not apply to the provision of
	behavioral health services or programming.
	SECTION 14.  Subtitle I, Title 2, Education Code, is amended
	by adding Chapter 47A to read as follows:
	CHAPTER 47A.  STATE SCHOOL SAFETY FUND AND GRANTS
	Sec. 47A.001.  DEFINITIONS. In this chapter:
	(1)  "Corporation" means the Texas Permanent School
	Fund Corporation established under Chapter 43.
	(2)  "Fund" means the state school safety fund
	established under Section 7, Article VII, Texas Constitution.
	(3)  "Program" means the school safety grant program.
	Sec. 47A.002.  DEPOSITS TO FUND BY COMMISSIONER.
	Notwithstanding any other law, including Section 48.265, if the
	commissioner determines that the amount appropriated for a state
	fiscal year for purposes of administering the Foundation School
	Program exceeds the amount to which school districts and
	open-enrollment charter schools are entitled under Chapters 46, 48,
	and 49 for that year, the commissioner shall deposit a portion of
	that excess, up to 100 percent, to the credit of the fund.
	Sec. 47A.003.  USES OF FUND.  Money in the fund may only be
	used to provide grants to school districts and open-enrollment
	charter schools to enhance school safety under Section 47A.005.
	Sec. 47A.004.  ADMINISTRATION OF FUND. (a)  The corporation
	shall hold and invest the fund with the objective of maintaining
	sufficient liquidity to meet the needs of the fund while striving to
	maximize returns.  In managing the assets of the fund, through
	procedures and subject to restrictions the corporation considers
	appropriate, the corporation may acquire, exchange, sell,
	supervise, manage, or retain any type of investment that a person of
	ordinary prudence, discretion, and intelligence, exercising
	reasonable care, skill, and caution, would acquire, exchange, sell,
	supervise, manage, or retain in light of the fund's investment
	objective.
	(b)  The corporation may charge a fee not to exceed the
	amount necessary to cover the costs estimated to be incurred by the
	corporation in managing and investing the fund.  The fee may be
	assessed on the available balance of the fund each fiscal year.
	Sec. 47A.005.  SCHOOL SAFETY GRANTS. (a)  The commissioner
	shall establish a school safety grant program using proceeds of the
	fund to provide grants to school districts and open-enrollment
	charter schools.
	(b)  The commissioner may only award a grant to a school
	district or open-enrollment charter school to reimburse the
	district or school for expenditures required for the implementation
	of a school safety plan that has been approved by the agency.
	(c)  The commissioner may award grants each school year in an
	amount not to exceed $10 million to a school district or
	open-enrollment charter school.
	(d)  The commissioner may award grants each school year not
	to exceed a total amount of $500 million.
	(e)  If the amount of grant requests under the program
	exceeds $500 million in a school year, the commissioner shall
	proportionately reduce the amount of each grant in that school year
	in an amount necessary to limit the total amount of grants provided
	to $500 million.
	(f)  Notwithstanding Subsection (c) and subject to the
	limitation under Subsection (d), if excess funds are available for
	a school year, the commissioner may provide additional grants to
	school districts and open-enrollment charter schools that incurred
	eligible expenses of more than $10 million in that school year.
	Sec. 47A.006.  RULES. The commissioner, in consultation
	with the corporation, may adopt rules as necessary to implement
	this chapter.
	SECTION 15.  (a)  Except as provided by Subsections (b) and
	(c) of this section, this Act applies beginning with the 2023-2024
	school year.
	(b)  Notwithstanding Section 22.904, Education Code, as
	added by this Act, a school district must require the district's
	employees to complete the mental health first aid training required
	under that section as follows:
	(1)  at least 25 percent of the applicable district
	employees before the beginning of the 2025-2026 school year;
	(2)  at least 50 percent of the applicable district
	employees before the beginning of the 2026-2027 school year;
	(3)  at least 75 percent of the applicable district
	employees before the beginning of the 2027-2028 school year; and
	(4)  100 percent of the applicable district employees
	before the beginning of the 2028-2029 school year.
	(c)  Chapter 47A, Education Code, as added by this Act,
	applies beginning with the 2024-2025 school year.
	SECTION 16.  (a) Except as provided by Subsections (b) and
	(c) of this section, 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, 2023.
	(b)  Section 48.115, Education Code, as amended by this Act,
	takes effect September 1, 2023.
	(c)  Section 14 of this Act takes effect January 1, 2024, but
	only if the constitutional amendment proposed by the 88th
	Legislature, Regular Session, 2023, creating the state school
	safety fund to provide financial support for projects that enhance
	the safety of public schools in this state is approved by the
	voters.  If that constitutional amendment is not approved by the
	voters, Section 14 of this Act has no effect.