Relating to active shooter incidents at primary and secondary school facilities and other emergencies.

89(R) HB 33 - Enrolled version - Bill Text

H.B. No. 33

AN ACT

relating to active shooter incidents at primary and secondary

school facilities and other emergencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Uvalde Strong Act.

SECTION 2. 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;

(2) the provisions in Chapter 554, Government Code;

and

(3) 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, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(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) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) 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;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information 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);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086,
37.1087,
37.109, 37.113, 37.114, 37.1141, 37.115, 37.207,

and 37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; and

(Y) parental options to retain a student under

Section 28.02124.

SECTION 3. Sections 37.108(a) and (b), Education Code, are

amended to read as follows:

(a) Each school district or public junior college district

shall adopt and implement a multihazard emergency operations plan

for use in the district's facilities. The plan must address

prevention, mitigation, preparedness, response, and recovery
,

including the prompt recovery of services provided by the school

district or public junior college district,
as defined by the Texas

School Safety Center in conjunction with the governor's office of

homeland security, the commissioner of education, and the

commissioner of higher education. The plan must provide for:

(1) training in responding to an emergency for

district employees, including substitute teachers;

(2) measures to ensure district employees, including

substitute teachers, have classroom access to a telephone,

including a cellular telephone, or another electronic

communication device allowing for immediate contact with district

emergency services or emergency services agencies, law enforcement

agencies, health departments, and fire departments;

(3) measures to ensure district communications

technology and infrastructure are adequate to allow for

communication during an emergency
, including measures to ensure the

use of standardized response protocol terminology, developed in

coordination with the Texas School Safety Center, to facilitate

communication between law enforcement, emergency services,

district employees, and the public
;

(4) if the plan applies to a school district,

mandatory school drills and exercises, including drills required

under Section 37.114, to prepare district students and employees

for responding to an emergency;

(5) measures to ensure coordination with the

Department of State Health Services and local emergency management

agencies, law enforcement, health departments, and fire

departments in the event of an emergency;

(6) the implementation of a safety and security audit

as required by Subsection (b); and

(7) any other requirements established by the Texas

School Safety Center in consultation with the agency and relevant

local law enforcement agencies.

(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
that includes a security review

as described by Section 37.1087 for each district facility
. A

district, or a person included in the registry established by the

Texas School Safety Center under Section 37.2091 who is engaged by

the district to conduct a safety and security audit, shall follow

safety and security audit procedures developed by the Texas School

Safety Center in coordination with the commissioner of education or

commissioner of higher education, as applicable.

SECTION 4. Section 37.1083(a), Education Code, is amended

to read as follows:

(a) The agency shall monitor the implementation and

operation of requirements related to school district safety and

security, including school district:

(1) multihazard emergency operations plans; [
and
]

(2) safety and security audits
; and

(3) security reviews
.

SECTION 5. Subchapter D, Chapter 37, Education Code, is

amended by adding Section 37.1087 to read as follows:

Sec.

37.1087.

SECURITY REVIEW. (a) If a school district

constructs, acquires, renovates, or improves a district facility,

the district shall, as soon as practicable, conduct a security

review of the facility to:

(1)

determine whether the facility meets school safety

and security requirements as described by commissioner rule; and

(2)

identify security vulnerabilities at the facility

in the event of an active shooter incident and describe strategies

to mitigate each vulnerability identified.

(b)

The commissioner, in consultation with the Department

of Public Safety, the Texas Division of Emergency Management, and

the Texas School Safety Center, shall ensure that the rules adopted

or amended under Section 7.061 include rules for the review

required under this section.

SECTION 6. Subchapter D, Chapter 37, Education Code, is

amended by adding Section 37.1171 to read as follows:

Sec.

37.1171.

AVAILABILITY OF BREACHING TOOL AND BALLISTIC

SHIELD. Each school district and open-enrollment charter school

must have at least one breaching tool and one ballistic shield

available for use at each campus in the event of an active shooter

incident.

SECTION 7. Section 51.217(b), Education Code, is amended to

read as follows:

(b) An institution shall adopt and implement a multihazard

emergency operations plan for use at the institution. The plan must

address mitigation, preparedness, response, and recovery
,

including the prompt recovery of services provided by the

institution
. The plan must provide for:

(1) employee training in responding to an emergency;

(2) mandatory drills to prepare students, faculty, and

employees for responding to an emergency;

(3) measures to ensure coordination with the

Department of State Health Services, local emergency management

agencies, law enforcement, health departments, and fire

departments in the event of an emergency; and

(4) the implementation of a safety and security audit

as required by Subsection (c).

SECTION 8. Subchapter C, Chapter 96, Education Code, is

amended by adding Section 96.42 to read as follows:

Sec.

96.42.

ADVANCED LAW ENFORCEMENT RAPID RESPONSE

TRAINING CENTER; CERTAIN DUTIES. (a) In this section:

(1)

"Center" means the Advanced Law Enforcement Rapid

Response Training Center at Texas State University--San Marcos.

(2)

"Emergency medical services personnel" and

"emergency medical services provider" have the meanings assigned by

Section 773.003, Health and Safety Code.

(3)

"Local law enforcement agency" means a political

subdivision of this state authorized by law to employ or appoint

peace officers.

(b)

The center shall create a template for use by a local law

enforcement agency or emergency medical services provider in

evaluating and reporting on the agency's or provider's response to

an active shooter incident at a primary or secondary school

facility under Section 418.1873, Government Code. The center may

collaborate with the Texas Division of Emergency Management, the

Department of Public Safety, the Sheriffs'

Association of Texas, or

the Texas Police Chiefs Association to develop the template. The

template must include:

(1) prompts for reporting on the following items:

(A)

a brief description and outcome of the active

shooter incident;

(B)

a statement of personnel and equipment

deployed during the incident;

(C)

a cost analysis, including salaries,

equipment, and incidentals;

(D)

a copy of appropriate incident logs and

reports;

(E)

any maps, forms, or related documentation

used in responding to or evaluating the agency's or provider's

response to the incident;

(F)

a summary of any deaths or injuries that

occurred as a result of the incident;

(G)

any information relating to the status of

criminal investigations and subsequent prosecutions arising out of

the incident; and

(H) a final evaluation, including:

(i)

conclusions relating to the agency's or

provider's response to the incident;

(ii)

problems encountered during the

response regarding personnel, equipment, resources, or multiagency

response;

(iii)

suggestions for revising policy, such

as improving training and equipment; and

(iv)

any additional considerations that

would improve the agency's or provider's response to active shooter

incidents at primary or secondary school facilities in the future;

and

(2)

any other content the center considers

appropriate.

(c)

The center shall develop a training program for peace

officers and emergency medical services personnel for responding to

active shooter incidents at primary and secondary school facilities

as required by Section 418.1877(b), Government Code. In developing

the training program, the center:

(1)

shall incorporate, if available, the findings of

at least one final report submitted under Section 418.1873,

Government Code, regarding a local law enforcement agency's or

emergency medical services provider's response to an active shooter

incident at a primary or secondary school facility; and

(2)

may collaborate with the Texas Division of

Emergency Management, the Texas Commission on Law Enforcement, the

Department of Public Safety, or the Department of State Health

Services.

(d)

In developing the training program under Subsection

(c), if a report described by Subsection (c)(1) is not immediately

available, the center shall update the training program as soon as a

report described by that subdivision becomes available to

incorporate the report's findings.

SECTION 9. Subchapter L-1, Chapter 411, Government Code, is

amended by adding Section 411.3735 to read as follows:

Sec.

411.3735.

CERTIFICATION AND CONTINUING EDUCATION

REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a)

In this

section:

(1)

"Division" means the Texas Division of Emergency

Management.

(2)

"Public information officer"

means an individual

who is employed or appointed by a state agency or local government

entity and whose duties include communicating with the public

during a disaster regarding the disaster.

(b)

Each of the following entities shall employ or appoint a

public information officer who must obtain certification in

emergency communications from the division and complete continuing

education on emergency communications as provided by Subchapter K,

Chapter 418:

(1) a municipal police department;

(2) a sheriff's office;

(3) a county constable's office;

(4) a school district police department; and

(5) the department.

(c)

The chief administrative officer of an agency may be

appointed or employed as a public information officer.

SECTION 10. Subchapter C, Chapter 418, Government Code, is

amended by adding Section 418.059 to read as follows:

Sec.

418.059.

GUIDE ON PREPARING FOR AND RESPONDING TO

ACTIVE SHOOTER INCIDENT AT SCHOOL FACILITY. (a) The division, in

coordination with the Emergency Management Council, shall develop a

guide on preparing for and responding to an active shooter incident

at a primary or secondary school facility for civic, volunteer, and

community organizations.

(b)

The division shall post the guide on the division's

Internet website for public use. The guide must provide a

comprehensive approach to preparing for and responding to active

shooter incidents at primary and secondary school facilities and

include information on:

(1)

understanding mass violence incidents and best

practices for community engagement related to those incidents;

(2) incident command structure;

(3)

coordination of and access to resources, including

trauma and support services, acute support services, long-term

support services, spiritual support services, and family or victim

assistance;

(4) long-term recovery and community resilience;

(5) communication coordination;

(6) training and planning resources; and

(7)

preserving and restoring community cohesion and

public life after the incident.

(c)

In developing and revising the guide, the division may,

in collaboration with the department, seek the advice and

assistance of local governments, civic organizations, volunteer

organizations, and community leaders.

SECTION 11. Subchapter H, Chapter 418, Government Code, is

amended by adding Sections 418.1873 and 418.1877 to read as

follows:

Sec.

418.1873.

EVALUATION AND REPORT ON RESPONSE TO ACTIVE

SHOOTER INCIDENT AT SCHOOL FACILITY REQUIRED FOR CERTAIN ENTITIES.

(a)

In this section:

(1)

"Emergency medical services" and "emergency

medical services provider" have the meanings assigned by Section

773.003, Health and Safety Code.

(2)

"Local law enforcement agency" means a political

subdivision of this state authorized by law to employ or appoint

peace officers.

(b)

Each local law enforcement agency and emergency medical

services provider that responds to an active shooter incident at a

primary or secondary school facility by providing law enforcement

services or emergency medical services, or both, shall:

(1)

not later than the 45th day after the date of the

incident, or as soon as practicable thereafter, initiate an

evaluation of the agency's or provider's response to the incident

and submit a preliminary report to the division, the department,

and the Advanced Law Enforcement Rapid Response Training Center at

Texas State University--San Marcos regarding, at minimum, the items

required in the template created under Section 96.42, Education

Code; and

(2)

not later than the 90th day after the date of the

incident, or as soon as practicable thereafter, finalize the report

described by Subdivision (1) and submit the report to the division,

the department, and the Advanced Law Enforcement Rapid Response

Training Center at Texas State University--San Marcos.

(c) For purposes of implementing this section:

(1)

the Texas Commission on Law Enforcement shall

adopt rules with respect to local law enforcement agencies; and

(2)

the division shall adopt rules with respect to

emergency medical services and emergency medical services

providers.

(d)

The division, in coordination with the Texas School

Safety Center, shall by rule define "active shooter incident"

as an

incident involving an active shooter, as that term is defined by the

Federal Bureau of Investigation.

(e)

A local law enforcement agency or emergency medical

services provider that complies with this section regarding an

active shooter incident at a primary or secondary school facility

is not required to conduct any evaluation or issue any report that

may be required under Section 418.188 regarding that incident.

(f)

Information obtained or created by the division or the

department in carrying out their obligations under this section are

confidential and are not subject to disclosure under Chapter 552.

(g)

Any meetings between a law enforcement agency or

emergency medical services provider and the division or the

department are not subject to the open meeting requirements of

Chapter 551.

Sec.

418.1877.

TRAINING ON RESPONSES TO ACTIVE SHOOTER

INCIDENTS AT SCHOOL FACILITIES REQUIRED. (a)

In this section:

(1)

"Emergency medical services personnel" and

"emergency medical services provider" have the meanings assigned by

Section 773.003, Health and Safety Code.

(2)

"Local law enforcement agency" has the meaning

assigned by Section 418.1873.

(b)

The Texas Commission on Law Enforcement by rule shall

require the peace officers of each local law enforcement agency to

complete a training program for responding to active shooter

incidents at primary and secondary school facilities developed by

the Advanced Law Enforcement Rapid Response Training Center at

Texas State University--San Marcos as required by Section 96.42,

Education Code.

(c)

The division by rule shall require the emergency medical

services personnel of each emergency medical services provider to

complete a training program for responding to active shooter

incidents at primary and secondary school facilities developed by

the division.

The training program must involve reviewing at least

one final evaluation and report required by Section 418.1873.

(d)

The division, the Texas Commission on Law Enforcement,

and the Department of State Health Services may adopt rules to

enforce this section.

SECTION 12. Chapter 418, Government Code, is amended by

adding Subchapter K to read as follows:

SUBCHAPTER K. CERTIFICATION AND CONTINUING EDUCATION REQUIRED FOR

CERTAIN PUBLIC INFORMATION OFFICERS

Sec.

418.331.

DEFINITION. In this subchapter, "public

information officer" means an individual who is employed or

appointed by a state agency, local government entity, or

open-enrollment charter school and whose duties include

communicating with the public during a disaster regarding the

disaster.

Sec.

418.332.

CERTIFICATION AND CONTINUING EDUCATION

REQUIRED FOR CERTAIN PUBLIC INFORMATION OFFICERS. (a)

Each of the

following entities shall employ or appoint a public information

officer who must obtain certification in emergency communications

from the division and complete continuing education on emergency

communications as provided by this subchapter:

(1) a municipality;

(2) a county;

(3) an independent school district;

(4) an open-enrollment charter school; and

(5) the division.

(b)

The chief administrator of an agency may be appointed or

employed as a public information officer.

Sec.

418.333.

CERTIFICATION AND CONTINUING EDUCATION. (a)

A public information officer described by Sections 411.3735 and

418.332 shall:

(1)

obtain certification from the division in

emergency communications not later than the first anniversary of

the date the public information officer was hired or appointed; and

(2)

complete a continuing education program on

emergency communications approved by the division once during each

12-month period beginning on the date the public information

officer obtained certification.

(b)

The division shall establish minimum education and

training requirements for initial certification and continuing

education under this subchapter. The minimum requirements must

comply with the policies and standards developed by the Texas

Commission on Law Enforcement under Section 1701.163, Occupations

Code.

These minimum requirements must include courses on:

(1) the National Incident Management System;

(2) the Incident Command System; and

(3)

the basic skills and principles necessary to

fulfill the role of a public information officer with respect to

emergency communications.

(c)

The division shall assist the entities subject to

Sections 411.3735 and 418.332 in identifying approved training

programs.

(d)

The following courses may be taken to satisfy minimum

education and training requirements under this subchapter:

(1)

a course provided by the Bill Blackwood Law

Enforcement Management Institute of Texas; or

(2)

a course approved by the Texas Commission on Law

Enforcement.

Sec.

418.334.

COMPLIANCE RECORDS; INSPECTION. (a) Each

entity subject to Section 418.332 shall:

(1)

maintain records that demonstrate the compliance

of each public information officer employed or appointed by that

entity with the certification and continuing education

requirements of this subchapter; and

(2)

submit to the division the compliance records

required to be maintained under Subdivision (1).

(b)

The division shall permit inspection and copying by the

department of the compliance records the division maintains under

Subsection (a)(1) during reasonable hours and in a reasonable

manner.

Sec.

418.335.

RULES. The division may adopt rules to

administer this subchapter.

SECTION 13. Subchapter A, Chapter 772, Government Code, is

amended by adding Sections 772.00791, 772.013, and 772.014 to read

as follows:

Sec.

772.00791.

FIRST RESPONDER AND TELECOMMUNICATOR

ACTIVE ATTACK INTEGRATED RESPONSE TRAINING GRANT PROGRAM. (a)

In

this section:

(1)

"Criminal justice division" means the criminal

justice division established under Section 772.006.

(2)

"First responder" has the meaning assigned by

Section 772.013.

(3)

"Telecommunicator" has the meaning assigned by

Section 1701.001, Occupations Code.

(b)

The criminal justice division shall establish and

administer a grant program to provide financial assistance to first

responders and telecommunicators for the purpose of attending an

active attack integrated response training course through the

Advanced Law Enforcement Rapid Response Training Center at Texas

State University--San Marcos or a similar course approved by the

division.

(c) The criminal justice division shall establish:

(1) eligibility criteria for grant applicants;

(2) grant application procedures;

(3)

criteria for evaluating grant applications and

awarding grants;

(4) guidelines related to grant amounts; and

(5)

procedures for monitoring the use of a grant

awarded under this section and ensuring compliance with any

conditions of the grant.

(d)

The criminal justice division may use any revenue

available for purposes of this section.

Sec.

772.013.

COMPLEX EMERGENCY RESPONSE AND INVESTIGATION

PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL

SUBDIVISIONS. (a) In this section:

(1)

"Department" means the Department of Public

Safety.

(2) "First responder" means:

(A)

a peace officer described by Article 2A.001,

Code of Criminal Procedure;

(B)

an individual included as fire protection

personnel by Section 419.021; and

(C)

an individual included as

emergency medical

services personnel by Section 773.003, Health and Safety Code.

(b)

To prepare for complex responses to and investigations

of emergencies that require mutual aid and support from more than

one governmental entity, the department shall consult with the

sheriff of each county in which a primary or secondary school

facility is located to determine which governmental entities that

employ a first responder are reasonably likely, in the sheriff's

opinion, to respond to an active shooter incident at one of those

facilities.

(c)

The department, each sheriff described by Subsection

(b), and each governmental entity identified by the sheriff under

that subsection shall collectively participate in:

(1)

a multiagency tabletop exercise at least once each

odd-numbered year; and

(2)

an in-person drill at least once each

even-numbered year.

(d)

The department shall invite any appropriate federal

agency to participate in an exercise described by Subsection (c).

Sec.

772.014.

MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF

PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a)

In this

section, "department" means the Department of Public Safety.

(b)

The department and each governmental entity identified

by a sheriff under Section 772.013(b) shall collectively enter into

a mutual aid agreement that establishes the procedures for the

provision of resources, personnel, facilities, equipment, and

supplies in responses to critical incidents in a vertically

integrated fashion.

(c)

In establishing the procedures, the department and

local law enforcement agencies shall:

(1)

give priority to establishing the

interoperability of communications equipment among the parties to

the agreement;

(2)

establish procedures for interagency coordination

in activities arising from critical incidents, including evidence

collection;

(3) set jurisdictional boundaries; and

(4)

determine the capabilities, processes, and

expectations among the parties to the agreement.

(d)

The department shall invite any appropriate federal

agency to enter into the agreement described by Subsection (b).

SECTION 14. Section 85.024, Local Government Code, is

amended by amending Subsections (a) and (c) and adding Subsection

(c-1) to read as follows:

(a) The sheriff of a county [
with a total population of less

than 350,000
] in which a public school is located shall call and

conduct
an annual meeting
[
semiannual meetings
] to discuss:

(1) school safety;

(2) coordinated law enforcement response to school

violence incidents;

(3) law enforcement agency capabilities;

(4) available resources;

(5) emergency radio interoperability;

(6) chain of command planning; [
and
]

(7)
each public school's multihazard emergency

operations plan, including a discussion and analysis of how the

school's multihazard emergency operations plan would be

implemented in an emergency situation; and

(8)
other related subjects proposed by a person in

attendance at the meeting.

(c)
In a county with a population of less than 350,000, the

[
The
] following persons shall attend a meeting called under

Subsection (a):

(1) the sheriff or the sheriff's designee;

(2) the police chief of a municipal police department

in the county or the police chief's designee;

(3) each elected constable in the county or the

constable's designees;

(4) each police chief of a school district's police

department or school district security coordinator from each school

district located in the county;

(5) a representative of the Department of Public

Safety assigned to the county;

(6) a representative of each other state agency with

commissioned peace officers assigned to the county;

(7) a person appointed to a command staff position at

an emergency medical service in the county;

(8) a person appointed to a command staff position at a

municipal emergency medical service in the county;

(9) a person appointed to a command staff position at a

fire department in the county;

(10) the superintendent or the superintendent's

designee of each school district located in the county;

(11) the person who serves the function of

superintendent, or that person's designee, in each open-enrollment

charter school located in the county; [
and
]

(12)
a representative of the Texas Division of

Emergency Management; and

(13)
any other person the sheriff considers

appropriate.

(c-1)

In a county with a population of 350,000 or more, the

following persons shall attend a meeting called under Subsection

(a):

(1)

for each school district located in the county,

either:

(A)

the police chief of the district's police

department, or the chief's designee; or

(B)

if the district contracts with another

political subdivision for law enforcement services, the chief

administrative officer of the law enforcement agency providing law

enforcement services to the district, or the officer's designee;

(2)

the superintendent of each school district located

in the county; and

(3)

any other person the sheriff considers

appropriate.

SECTION 15. Chapter 391, Local Government Code, is amended

by adding Section 391.0041 to read as follows:

Sec.

391.0041.

MENTAL HEALTH RESOURCES PLAN FOR FIRST

RESPONDER INVOLVED IN CRITICAL INCIDENT. (a) In this section:

(1)

"Council of governments" means a regional planning

commission for a state planning region created under this chapter.

(2)

"Critical incident" means an incident involving a

first responder that occurs while the first responder is performing

official duties and that results in serious bodily injury to the

first responder or poses a substantial risk of serious bodily

injury or death to the first responder or of serious harm to the

first responder's mental health or well-being.

(3) "First responder" means:

(A)

a peace officer described by Article 2A.001,

Code of Criminal Procedure;

(B)

an individual included as fire protection

personnel by Section 419.021, Government Code; and

(C)

an individual included as emergency medical

services personnel by Section 773.003, Health and Safety Code.

(b)

The Texas Division of Emergency Management, in

coordination with the Health and Human Services Commission and the

Department of State Health Services, shall:

(1)

develop a mental health resources plan to address

the mental health needs of first responders following a critical

incident; and

(2)

provide the plan to each local emergency

management director in the state.

(c) A plan developed under Subsection (b):

(1) must identify and provide for:

(A)

education and training to a first responder

prior to a critical incident on topics including:

(i)

the potential psychological impact that

being involved in an incident may have on the first responder; and

(ii)

resources available to the first

responder to address the psychological impact of an incident,

including mental health counseling, peer support programs, and

stress management practices; or

(B)

a list of recommended providers located

within the territory of the council of governments who can provide

the education and training described by Paragraph (A);

(2)

may recommend that an employer of a first

responder:

(A)

create a process to conduct a critical

incident stress debriefing following an incident; and

(B)

create a peer support program to support the

first responder following an incident; and

(3)

may include any other recommendation the council

of governments considers appropriate to address the mental health

needs of a first responder following a critical incident.

(d)

Each political subdivision that receives a plan under

this section shall:

(1) implement the plan; and

(2)

share the plan with each council of governments

that has jurisdiction over the political subdivision to ensure

regional plan integration and awareness.

SECTION 16. Section 1701.163, Occupations Code, is amended

to read as follows:

Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT

AGENCIES.
(a)
The commission, with input from an advisory

committee, shall by rule establish minimum standards with respect

to the creation or continued operation of a law enforcement agency

based on the function, size, and jurisdiction of the agency,

including:

(1) a determination regarding the public benefit of

creating the agency in the community;

(2) the sustainable funding sources for the agency;

(3) the physical resources available to officers,

including:

(A) all standard duty firearms;

(B) less lethal force weapons, including a

requirement of at least one per officer on duty;

(C) effective communications equipment;

(D) protective equipment, including a

requirement of
:

(i)
at least one bullet-resistant vest per

officer on duty
; and

(ii)

access to at least one breaching tool

and one ballistic shield
;

(E) officer uniforms; and

(F) patrol vehicles and associated equipment;

(4) the physical facilities of the agency, including

any evidence room, dispatch area, or public area;

(5) the policies of the agency, including policies on:

(A) use of force;

(B) vehicle pursuit;

(C) professional conduct of officers;

(D) domestic abuse protocols;

(E) response to missing persons;

(F) supervision of part-time officers;

(G) impartial policing;

(H) active shooters
, including a detailed

written policy based on current best practices for responding to an

active shooter incident at a primary or secondary school facility

and a recommendation for the frequency at which simulated emergency

drills should be conducted
; and

(I) barricaded subjects;

(6) the administrative structure of the agency;

(7) liability insurance; and

(8) any other standard the commission considers

necessary.

(b)

A law enforcement agency may enter into a mutual aid

agreement with a law enforcement agency with overlapping or

adjacent jurisdiction to share protective equipment during a

critical incident, as defined by Section 391.0041, Local Government

Code, to meet the requirements under Subsection (a)(3)(D).

SECTION 17. Section 1701.253, Occupations Code, is amended

by adding Subsection (u) to read as follows:

(u)

As part of the minimum curriculum requirements, the

commission shall require an officer to complete the training

courses described by Section 1701.273.

SECTION 18. Subchapter F, Chapter 1701, Occupations Code,

is amended by adding Section 1701.273 to read as follows:

Sec.

1701.273.

TRAINING ON INCIDENT RESPONSE AND COMMAND.

(a) The commission shall require a peace officer to complete the

following emergency response management training courses, or a

substantially similar successor course as determined by the

commission, in collaboration with the Texas Division of Emergency

Management:

(1) Introduction to the Incident Command System; and

(2)

National Incident Management System, An

Introduction.

(b)

The commission shall require an officer to complete the

training courses described by Subsection (a) unless the officer has

completed the training under Section 1701.253(u).

SECTION 19. Subchapter H, Chapter 1701, Occupations Code,

is amended by adding Section 1701.3526 to read as follows:

Sec.

1701.3526.

CONTINUING EDUCATION ON INCIDENT RESPONSE

AND COMMAND. (a) The commission shall require a peace officer whose

duties involve the supervision of officers in an incident response

to complete, as part of the continuing education programs under

Section 1701.351(a), an advanced incident response and command

course, in collaboration with the Texas Division of Emergency

Management, as determined by commission rule.

(b)

The exemption under Section 1701.351(d) does not apply

to the training required by Subsection (a).

SECTION 20. Section 85.024(b), Local Government Code, is

repealed.

SECTION 21. Not later than December 1, 2025, the Advanced

Law Enforcement Rapid Response Training Center at Texas State

University--San Marcos shall develop the template and training

program required by Section 96.42, Education Code, as added by this

Act.

SECTION 22. Not later than December 1, 2025, the Texas

Division of Emergency Management shall develop and post the guide

required by Section 418.059, Government Code, as added by this Act.

SECTION 23. Not later than December 1, 2025, the Texas

Division of Emergency Management shall develop the training program

required by Section 418.1877(c), Government Code, as added by this

Act.

SECTION 24. A public information officer described by

Section 411.3735 or 418.332, Government Code, as added by this Act,

who was employed or appointed before the effective date of this Act

shall obtain the certification required by Section 418.333,

Government Code, as added by this Act, not later than September 1,

2026.

SECTION 25. Not later than January 1, 2026, the Department

of Public Safety and local law enforcement agencies shall enter

into mutual aid agreements as required by Section 772.014,

Government Code, as added by this Act.

SECTION 26. As soon as practicable after the effective date

of this Act, each council of governments, as defined by Section

391.0041, Local Government Code, as added by this Act, shall

develop a mental health resources plan required to be created under

that section.

SECTION 27. As soon as practicable after the effective date

of this Act, the Texas Commission on Law Enforcement shall adopt

rules to implement the changes in law made by this Act to

Subchapters D, F, and H, Chapter 1701, Occupations Code.

SECTION 28. The minimum curriculum requirements under

Section 1701.253(u), Occupations Code, as added by this Act, apply

only to an officer who first begins to satisfy those requirements on

or after January 1, 2026.

SECTION 29. Section 1701.3526, Occupations Code, as added

by this Act, applies only with respect to a 24-month continuing

education training unit that begins on or after the effective date

of this Act. A training unit that begins before the effective date

of this Act is governed by the law in effect on the date the training

unit began, and the former law is continued in effect for that

purpose.

SECTION 30. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 33 was passed by the House on April

29, 2025, by the following vote: Yeas 148, Nays 0, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 33 on May 23, 2025, by the following vote: Yeas 135, Nays 0, 2

present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 33 was passed by the Senate, with

amendments, on May 19, 2025, by the following vote: Yeas 31, Nays

0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor