HB 33 Introduced

Relating to active shooter events and other emergencies, including certain accreditations of law enforcement agencies that respond to such emergencies. 

​ 
 

 

A BILL TO BE ENTITLED

 

AN ACT

 

relating to active shooter events and other emergencies, including

 

certain accreditations of law enforcement agencies that respond to

 

such emergencies.

 

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

 

       SECTION 1.  Subchapter B, Chapter 2A, Code of Criminal

 

Procedure, is amended by adding Article 2A.067 to read as follows:

 

       Art. 2A.067.  POLICY FOR RESPONDING TO ACTIVE SHOOTER

 

EMERGENCY. (a)  This article applies only to a law enforcement

 

agency of a municipality, county, school district, or institution

 

of higher education, as defined by Section 61.003, Education Code.

 

       (b)  Each law enforcement agency to which this article

 

applies shall adopt a detailed written policy for responding to an

 

active shooter emergency.  The policy must be based on current best

 

practices.

 

       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.  Section 37.108, Education Code, is amended by

 

amending Subsections (a) and (b) and adding Subsection (a-1) 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 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;

 

             (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)  measures for the prompt recovery of services

 

provided by the school district or public junior college district

 

after an active shooter emergency; and

 

             (8)  any other requirements established by the Texas

 

School Safety Center in consultation with the agency and relevant

 

local law enforcement agencies.

 

       (a-1)  Annually, each school district or public junior

 

college district shall organize a meeting with the Department of

 

Public Safety, appropriate local law enforcement agencies, and

 

local emergency first responders regarding the district’s

 

multihazard emergency operations plan.  The meeting must include a

 

discussion and analysis of how the district’s multihazard emergency

 

operations plan would be implemented in an emergency situation.

 

       (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 or

 

public junior college 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; and

 

             (2)  identify security vulnerabilities at the facility

 

in the event of an active shooter emergency and describe strategies

 

to mitigate each vulnerability identified.

 

       (b)  The agency, in consultation with the Department of

 

Public Safety and the Texas School Safety Center, shall establish

 

guidelines for the security review required under this section.

 

       SECTION 6.  Section 37.109(b), Education Code, is amended to

 

read as follows:

 

       (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 to the

 

district’s board of trustees and district administrators 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), a security

 

review required by Section 37.1087, or another report required to

 

be submitted by the district to the Texas School Safety Center;

 

             (4)  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; and

 

             (5)  consult with local law enforcement agencies on

 

methods to increase law enforcement presence near district

 

campuses.

 

       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. 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); and

 

             (5)  measures for the prompt recovery of services

 

provided by the institution after an active shooter emergency.

 

       SECTION 8.  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 EVENT. (a) The division shall develop a guide on

 

preparing for and responding to an active shooter event, with an

 

emphasis on providing information relevant to 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 events and include information on:

 

             (1)  planning and preparing the response to an active

 

shooter event, including recommended tactics and equipment;

 

             (2)  providing leadership, incident command, and

 

coordination in response to the event;

 

             (3)  communicating with the public during and after the

 

event;

 

             (4)  investigating and reporting following the event; 

 

             (5)  arranging for trauma and support services,

 

including acute support services and long-term support services;

 

and

 

             (6)  preserving and restoring community cohesion and

 

public life after the event.

 

       (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 9.  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 EVENT 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 event by

 

providing law enforcement services or emergency medical services,

 

or both, shall:

 

             (1)  not later than the 30th day after the date of the

 

event, initiate an evaluation of the agency’s or provider’s

 

response to the event and submit a preliminary report to the

 

division and the department regarding, at minimum, the items

 

required in the template created under Subsection (c); and

 

             (2)  not later than the 60th day after the date of the

 

event, finalize the report described by Subdivision (1) and submit

 

the report to the division and the department.

 

       (c)  The division, in collaboration with the department,

 

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 event.  The

 

template must include:

 

             (1)  prompts for reporting on the following items:

 

                   (A)  a brief description and outcome of the active

 

shooter event;

 

                   (B)  a statement of personnel and equipment

 

deployed during the event;

 

                   (C)  a cost analysis, including salaries,

 

equipment, and incidentals;

 

                   (D)  a copy of appropriate event 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 event;

 

                   (F)  a summary of any deaths or injuries that

 

occurred as a result of the event;

 

                   (G)  any information relating to the status of

 

criminal investigations and subsequent prosecutions arising out of

 

the event; and

 

                   (H)  a final evaluation, including:

 

                         (i)  conclusions relating to the agency’s or

 

provider’s response to the event;

 

                         (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

 

events in the future; and

 

             (2)  any other content the division considers

 

appropriate.

 

       (d)  The division shall adopt rules to implement this

 

section, including a rule defining “active shooter event.”

 

       (e)  A local law enforcement agency or emergency medical

 

services provider that complies with this section regarding an

 

active shooter event is not required to conduct any evaluation or

 

issue any report that may be required under Section 418.188

 

regarding that event.

 

       Sec. 418.1877.  TRAINING ON RESPONSES TO ACTIVE SHOOTER

 

EVENTS 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 division by rule shall require the peace officers of

 

each local law enforcement agency and the emergency medical

 

services personnel of each emergency medical services provider to

 

complete a training program each year that involves reviewing at

 

least one final report required by Section 418.1873.

 

       (c)  The division shall collaborate with the department, the

 

Texas Commission on Law Enforcement, and the Department of State

 

Health Services, as appropriate, to develop the training programs

 

required by Subsection (b).

 

       (d)  The division, the Texas Commission on Law Enforcement,

 

and the Department of State Health Services may adopt rules to

 

enforce this section.

 

       SECTION 10.  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. 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, including the municipal police

 

department; 

 

             (2)  a county;

 

             (3)  a sheriff’s office;

 

             (4)  an independent school district; 

 

             (5)  an open-enrollment charter school;

 

             (6)  the department; and 

 

             (7)  the division.

 

       Sec. 418.333.  CERTIFICATION AND CONTINUING EDUCATION. (a)

 

A public information officer described by Section 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 administered by the Federal Emergency

 

Management Agency and approved by the division twice 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 by designating courses approved by

 

the Federal Emergency Management Agency. These minimum

 

requirements must include courses provided by the Federal Emergency

 

Management Agency 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

 

Section 418.332 in identifying approved training programs.

 

       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)  permit inspection and copying by the division,

 

during reasonable hours and in a reasonable manner, of 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 11.  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.  LAW ENFORCEMENT AGENCY ACCREDITATION GRANT

 

PROGRAM. (a) In this section, “criminal justice division” means

 

the criminal justice division established under Section 772.006.

 

       (b)  The criminal justice division shall establish and

 

administer a grant program to provide financial assistance to a law

 

enforcement agency in this state for purposes of becoming

 

accredited or maintaining accreditation:

 

             (1)  through the Texas Police Chiefs Association Law

 

Enforcement Agency Best Practices Accreditation Program;

 

             (2)  by the Commission on Accreditation for Law

 

Enforcement Agencies, Inc.;

 

             (3)  by the International Association of Campus Law

 

Enforcement Administrators;

 

             (4)  by an accreditation program developed by the

 

Sheriffs’ Association of Texas; or

 

             (5)  by an association or organization designated by

 

the Texas Commission on Law Enforcement as provided by Subsection

 

(i).

 

       (c)  Except as provided by Subsection (e), the amount of a

 

grant awarded to a law enforcement agency under this section is as

 

follows:

 

             (1)  $25,000 for each qualifying accreditation:

 

                   (A)  held by the agency on the date on which the

 

program under this section was established; or

 

                   (B)  received by the agency after the date

 

described by Paragraph (A); and

 

             (2)  $12,500 for each qualifying reaccreditation

 

received by the agency after the date described by Subdivision

 

(1)(A).

 

       (d)  A law enforcement agency may not be awarded a grant

 

described by Subsection (c)(1) with respect to an accreditation for

 

which the agency has previously been awarded a grant under that

 

subsection.

 

       (e)  If a law enforcement agency was awarded a grant

 

described by Subsection (c)(1) and the accreditation expires

 

without the agency receiving reaccreditation, the agency may be

 

awarded a grant under this section in the amount provided by

 

Subsection (c)(2) for becoming accredited by the accrediting entity

 

for which the grant under Subsection (c)(1) was awarded.

 

       (f)  The criminal justice division shall establish:

 

             (1)  eligibility criteria for grant applicants;

 

             (2)  grant application procedures;

 

             (3)  guidelines relating to grant amounts;

 

             (4)  procedures for evaluating grant applications; and

 

             (5)  procedures for monitoring the use of a grant

 

awarded under the program and ensuring compliance with any

 

conditions of a grant. 

 

       (g)  Not later than December 1 of each year, the criminal

 

justice division shall submit to the Legislative Budget Board a

 

report that provides the following information for the preceding

 

state fiscal year: 

 

             (1)  the name of each law enforcement agency that

 

applied for a grant under this section; and

 

             (2)  the amount of money distributed to each law

 

enforcement agency awarded a grant under this section.

 

       (h)  The criminal justice division may use any revenue

 

available for purposes of this section.

 

       (i)  The criminal justice division, with the assistance of

 

the Texas Commission on Law Enforcement, shall periodically review

 

associations and organizations that establish standards of

 

practice for law enforcement agencies and that offer accreditation

 

to agencies that meet those standards. On a determination by the

 

criminal justice division that accreditation of law enforcement

 

agencies in this state by an association or organization would

 

benefit public safety, the commission may designate the association

 

or organization as an accrediting entity for purposes of Subsection

 

(b)(5). 

 

       Sec. 772.013.  COMPLEX EMERGENCY RESPONSE AND INVESTIGATION

 

PLANNING FOR DEPARTMENT OF PUBLIC SAFETY AND CERTAIN POLITICAL

 

SUBDIVISIONS. (a) In this section:

 

             (1)  “Council of governments” means a regional planning

 

commission or similar regional planning commission created under

 

Chapter 391, Local Government Code.

 

             (2)  “Department” means the Department of Public

 

Safety.

 

             (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; 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 may occur within the territory of a council of

 

governments and that require mutual aid and support from more than

 

one governmental entity, the department and each political

 

subdivision that elects, appoints, or employs a first responder

 

within the territory of the council of governments shall

 

collectively participate in a multiagency tabletop exercise at

 

least semiannually and an in-person drill exercise at least

 

annually. 

 

       (c)  The department shall invite any appropriate federal

 

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

 

       Sec. 772.014.  MUTUAL AID AGREEMENTS BETWEEN DEPARTMENT OF

 

PUBLIC SAFETY AND LOCAL LAW ENFORCEMENT AGENCIES. (a)  In this

 

section:

 

             (1)  “Council of governments” means a regional planning

 

commission or similar regional planning commission created under

 

Chapter 391, Local Government Code.

 

             (2)  “Department” means the Department of Public

 

Safety.

 

       (b)  The department and each local law enforcement agency

 

located wholly or partly within the geographic boundaries of a

 

council of governments 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 12.  Chapter 370, Local Government Code, is amended

 

by adding Sections 370.010, 370.011, and 370.012 to read as

 

follows:

 

       Sec. 370.010.  RESILIENT EMERGENCY MANAGEMENT SYSTEM FOR

 

CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, “first

 

responder” means:

 

             (1)  a peace officer described by Article 2A.001, Code

 

of Criminal Procedure;

 

             (2)  an individual included as fire protection

 

personnel by Section 419.021, Government Code; or

 

             (3)  an individual included as emergency medical

 

services personnel by Section 773.003, Health and Safety Code.

 

       (b)  A political subdivision that elects, appoints, or

 

employs first responders shall develop a resilient emergency

 

management system to coordinate the political subdivision’s

 

response to an emergency. The system must provide for the

 

establishment of:

 

             (1)  a shared emergency response plan across each

 

department or agency of the political subdivision with a first

 

responder; and

 

             (2)  a multi-department and agency coordination group

 

to support resource prioritization and allocation for the political

 

subdivision during an emergency.

 

       (c)  The governing body of a political subdivision by

 

official action must approve the resilient emergency management

 

system required to be established under Subsection (b) for the

 

political subdivision.

 

       Sec. 370.011.  RECOVERY OF SERVICES OF CERTAIN POLITICAL

 

SUBDIVISIONS AND INTERJURISDICTIONAL AGENCIES AFTER ACTIVE SHOOTER

 

EMERGENCY. (a) In this section, “interjurisdictional agency” has

 

the meaning assigned by Section 418.004, Government Code.

 

       (b)  Each political subdivision and interjurisdictional

 

agency with an operations plan for emergency response shall adopt

 

and implement measures for the prompt recovery of services provided

 

by the political subdivision or agency after an active shooter

 

emergency.

 

       Sec. 370.012.  TACTICAL EQUIPMENT FOR LAW ENFORCEMENT

 

RESPONSE TO CRITICAL INCIDENT. (a) In this section:

 

             (1)  “Critical incident” has the meaning assigned by

 

Section 772.0074, Government Code.

 

             (2)  “Institution of higher education” means:

 

                   (A)  an institution of higher education as defined

 

by Section 61.003, Education Code; or

 

                   (B)  a private or independent institution of

 

higher education as defined by that section.

 

             (3)  “Law enforcement agency” means:

 

                   (A)  a municipal police department;

 

                   (B)  a county sheriff’s department;

 

                   (C)  a county constable’s department; or

 

                   (D)  a department or agency of a school district,

 

open-enrollment charter school, or institution of higher education

 

authorized by law to employ peace officers.

 

             (4)  “Peace officer” means an individual described by

 

Article 2A.001, Code of Criminal Procedure.

 

             (5)  “Tactical equipment” means equipment intended for

 

use by a peace officer to facilitate the officer’s onsite response

 

to an ongoing critical incident, including:

 

                   (A)  a weapon;

 

                   (B)  a breaching tool;

 

                   (C)  a ballistic shield; and

 

                   (D)  a bulletproof vest or body armor.

 

       (b)  A law enforcement agency shall make available for use by

 

the agency’s peace officers sufficient tactical equipment to allow

 

the peace officers to effectively respond to a critical incident.

 

       (c)  A law enforcement agency satisfies the requirement of

 

Subsection (b) by providing tactical equipment to equip the greater

 

of:

 

             (1)  at least 20 percent of the agency’s peace officers;

 

or

 

             (2)  five of the agency’s peace officers.

 

       (d)  A law enforcement agency may enter into a mutual aid

 

agreement with a law enforcement agency with overlapping or

 

adjacent jurisdiction to share tactical equipment during a critical

 

incident in the quantity that allows the agency to meet the

 

equipment requirement prescribed by Subsection (c).

 

       SECTION 13.  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)  Each council of governments shall develop a mental

 

health resources plan to address the mental health needs of a first

 

responder following a critical incident that occurs within the

 

territory of the council.

 

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

 

             (1)  must require the council of governments to

 

provide:

 

                   (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 who can provide the education

 

and training described by Paragraph (A);

 

             (2)  may recommend that an employer of a first

 

responder:

 

                   (A)  provide mental health counseling for the

 

first responder following a critical incident;

 

                   (B)  create a process to conduct a critical

 

incident stress debriefing following an incident; and

 

                   (C)  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.

 

       SECTION 14.  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 15.  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, provided by the Federal Emergency Management Agency:

 

             (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 16.  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 provided by the Federal Emergency Management Agency, as

 

determined by commission rule.

 

       (b)  The exemption under Section 1701.351(d) does not apply

 

to the training required by Subsection (a).

 

       SECTION 17.  Each law enforcement agency to which Article

 

2A.067, Code of Criminal Procedure, as added by this Act, applies

 

shall adopt the policy required by that article as soon as

 

practicable after the effective date of this Act.

 

       SECTION 18.  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 19.  A public information officer described by

 

Section 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 20.  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 21.  Not later than January 1, 2026, each political

 

subdivision subject to Section 370.010, Local Government Code, as

 

added by this Act, shall establish a resilient emergency management

 

system as required by that section.

 

       SECTION 22.  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 23.  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 F and H, Chapter 1701, Occupations Code.

 

       SECTION 24.  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 25.  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 26.  This Act takes effect September 1, 2025. 

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