By: Patrick, Estes	S.B. No. 17
	(In the Senate - Filed March 8, 2013; March 12, 2013, read
	first time and referred to Committee on Education; April 10, 2013,
	reported adversely, with favorable Committee Substitute by the
	following vote:  Yeas 9, Nays 0; April 10, 2013, sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 17	By:  Patrick

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