By: Taylor of Galveston S.B. No. 2078     A BILL TO BE ENTITLED   AN ACT   relating to the duties of school districts, open-enrollment charter   schools, the Texas Education Agency, and the Texas School Safety   Center regarding multihazard emergency operations plans and other   school safety measures.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.104(b), Education Code, is 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, E, F, G, and J, Chapter 39;                      (M)  the requirement under Section 21.006 to   report an educator's misconduct;                      (N)  intensive programs of instruction under   Section 28.0213; [and]                      (O)  school safety requirements under Sections   37.108, 37.1083, 37.109, 37.112, and 37.207; and                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148.          SECTION 2.  Section 37.108, Education Code, is amended by   amending Subsections (b) and (c) and adding Subsections (e) and (f)   to read as follows:          (b)  At least once every three years, each school district or   public junior college district shall conduct a safety and security   audit of the district's facilities.  To the extent possible, a   district shall follow safety and security audit procedures   developed by the Texas School Safety Center or a person included in   the registry established by the Texas School Safety Center under   Section 37.2091 [comparable public or private entity].          (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. The Texas School Safety Center shall compile   school district audit results and report them to the agency.          (e)  A school district shall include in its multihazard   emergency operations plan:                (1)  a chain of command that designates the individual   responsible for making final decisions during a disaster or   emergency situation and identifies other individuals responsible   for making those decisions if the designated person is unavailable;                (2)  provisions for responding to a natural disaster,   active shooter, and any other dangerous scenario identified for   purposes of this section by the agency or the Texas School Safety   Center;                (3)  provisions for ensuring the safety of students in   portable buildings;                (4)  provisions for providing 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;                (5)  a statement of the amount per student expended by   the district on school safety; and                (6)  the name of each individual on the district's   school safety and security committee established under Section   37.109 and the date of each committee meeting during the preceding   year.          (f)  The Texas School Safety Center, in coordination with the   agency, shall develop the method to be used by a school district in   determining the amount per student expended by the district on   school safety for purposes of the statement required under   Subsection (e)(5). The method must include variable components   that reflect a district's size and geographic location.          SECTION 3.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1083 to read as follows:          Sec. 37.1083.  AGENCY DUTIES REGARDING SCHOOL SAFETY   MEASURES. (a)  The agency shall adopt a model multihazard   emergency operations plan that school districts may use in   developing district-specific multihazard emergency operations   plans as required by Section 37.108.  To the extent possible, the   agency shall solicit input from the Texas School Safety Center   before adopting the model plan.          (b)  The agency shall adopt a cycle for the agency's review   and approval of school district multihazard emergency operations   plans adopted under Section 37.108.          (c)  A school district shall:                (1)  submit its multihazard emergency operations plan   to the agency in accordance with the cycle adopted under Subsection   (b); and                (2)  provide any additional information required by the   agency in connection with the agency's review of the plan.          (d)  The Texas School Safety Center shall participate in the   agency's review and approval of school district multihazard   emergency operations plans and may provide a recommendation to the   agency regarding whether a plan complies with applicable standards.          (e)  Regardless of whether the Texas School Safety Center   provides a recommendation under Subsection (d) and regardless of   the content of any recommendation provided, the agency shall make   an independent final determination of whether a school district's   multihazard emergency operations plan complies with applicable   standards.          (f)  The agency shall post information on the agency's   Internet website that identifies each school district that:                (1)  failed to submit the district's multihazard   emergency operations plan for agency review and approval in   accordance with the cycle adopted under Subsection (b);                (2)  submitted a multihazard emergency operations plan   that did not comply with an applicable standard; or                (3)  failed the school safety and security audit   required to be conducted under Section 37.108(b).          (g)  The commissioner may adopt rules necessary to implement   this section.          SECTION 4.  Section 37.109, Education Code, is amended by   adding Subsections (a-1), (c), and (d) and amending Subsection (b)   to read as follows:          (a-1)  The committee must include:                (1)  a representative of a local fire department,   emergency services agency, or other emergency services provider;                (2)  a representative of a local police department;                (3)  a representative of a municipality with territory   included within the boundaries of the district;                (4)  the president of the district's board of trustees;                (5)  a member of the district's board of trustees other   than the president;                (6)  the district's superintendent; and                (7)  two additional members designated by the   district's superintendent.          (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)  periodically provide recommendations regarding   updating the district multihazard emergency operations plan   required by Section 37.108(a) in accordance with best practices   identified by the agency, the Texas School Safety Center, or a   person included in the registry established by the Texas School   Safety Center under Section 37.2091;                (3)  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; and                (4) [(3)]  review each report required to be submitted   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.          (c)  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   three times during each calendar year, with an interval of at least   two months between each meeting.          (d)  The committee is subject to Chapter 551, Government   Code.  Notice of a committee meeting must be posted in the same   manner as notice of a meeting of the district's board of trustees.          SECTION 5.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.112 to read as follows:          Sec. 37.112.  NOTIFICATION REGARDING BOMB THREAT OR   TERRORISTIC THREAT. A school district that receives a bomb threat   or terroristic threat relating to a campus or other district   facility at which students are present shall provide notification   of the threat as soon as possible to the parent or guardian of or   other person standing in parental relation to each student who is   assigned to the campus or who regularly uses the facility, as   applicable.          SECTION 6.  Section 37.207, Education Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Each school district shall report the results of its   audits to:                (1)  the center in the manner required by the center;   and                (2)  the agency, in accordance with commissioner rule.          (c)  The agency shall provide assistance to the center in   developing the model safety and security audit procedure.          SECTION 7.  Not later than January 1, 2018, the Texas School   Safety Center shall:                (1)  develop a list of best practices for ensuring the   safety of public school students receiving instruction in portable   buildings; and                (2)  provide information regarding the list of best   practices to school districts using portable buildings for student   instruction.          SECTION 8.  The commissioner of education is required to   implement this Act only if the legislature appropriates money   specifically for that purpose.  If the legislature does not   appropriate money specifically for that purpose, the commissioner   of education may, but is not required to, implement this Act using   other appropriations available for the purpose.          SECTION 9.  This Act takes effect September 1, 2017.