Governor Greg Abbot has signed 773 new laws from the 88th Legislative Session. We’ve isolated the top 3 laws related to Texas schools that are in effect as of September 1, 2023.
Texas House Bill 3
HB 3, a comprehensive school safety legislation, was enacted in response to the tragic Uvalde school shooting, which claimed the lives of 19 students and two educators. This legislation mandates the presence of at least one armed security officer on each school campus during regular school hours. Additionally, it imposes the requirement for specific school staff members to receive mental health training, equipping them to assist students dealing with mental health or substance abuse challenges.
Broadly, this legislation grants the state enhanced authority in the implementation of school safety protocols, encompassing aspects such as facility security and regular evaluations. For instance, the Texas School Safety Center is now responsible for conducting facility standards reviews at intervals not exceeding five years. Furthermore, it establishes a dedicated school safety and security office within the Texas Education Agency.
Under House Bill 3, security officers can be sourced from the district’s own police department, school resource officers from external law enforcement agencies, or peace officers hired in the capacity of security officers. School districts unable to meet this requirement may apply for a “good cause exception,” the criteria for which will be defined by each local school board.
Moreover, this law empowers the Texas Education Agency to exert greater influence in enforcing robust active-shooter protocols within school districts. Those failing to meet the agency’s standards in this regard could potentially come under state supervision.
HB 3 gives each school district $15,000 per campus and $10 per student for safety-related upgrades. Many school officials have complained this allotment is not enough to pay for improvements they will have to make. Lawmakers also set aside $1.1 billion for school safety grants that the state’s school districts can apply for.
Other provisions in the bill include the obligation of an educational institution to have bullying prevention policies and procedures; the right of a school to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student;
The bill also requires each district employee who regularly interacts with students to complete an evidence-based mental health training program designed to provide instruction to participants regarding the recognition and support of children and youth who experience a mental health or substance use issue that may pose a threat to school safety.
Texas House Bill 114
HB 114 amends the state’s education code that formally required the expulsion of a student who was caught with tobacco or marijuana on school property or at a school-sanctioned activity. Under the previous version of the code, students were sent to alternative school.
The amended code allows administrators to decide how to proceed on a case-by-case basis and would require students in possession of or under the influence of marijuana to complete a drug and alcohol awareness program approved by the Texas Education Agency. The schools would then report the offense to local law enforcement agencies.
The bill also forbids the use of E-Cigarettes. The E-Cigarette doesn’t have to contain tobacco in order to be considered an “E-Cigarette” … it’s the type of device that is banned.
According to Sec. 161.081 of the Health and Safety Code, and “E-Cigarette” is an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision.
The school may confiscate and dispose of the device and may also notify local law enforcement if they choose. A student having 5 or more e-cigarettes on a school property will now be considered a Class B misdemeanor … a very serious offense that is punishable by a maximum 180-day county jail term, $2,000 fine, or both (Texas Penal Code Ann. § 12.22). Although, it remains to be seen if a minor would receive such a harsh penalty.
Texas House Bill 900
HB 900, or the Restricting Explicit and Adult-Designed Educational Resources Act (READER), bans “sexually explicit material” from public school libraries. This means any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file, other than library material directly related to the curriculum required that describes, depicts, or portrays sexual conduct, in a way that is patently offensive.
Under Texas Law, “Sexual conduct” means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
Book vendors will have to rate books based on their references or descriptions of sexual material. Books listed as “sexually explicit” will be removed from shelves. The law gives them until April 1, 2024 (that’s not an April fools joke) to provide a list of sexually explicit material that might still be in use and available at public schools.
The bill came after two years of parents raising concerns and asking for local bans on books that schools found inappropriate. A federal judge said Thursday he will temporarily block the law, which was set to go into effect Friday. State attorneys said they would appeal the decision.
Between July 2021 and June 2022, Texas took more books off school library shelves than any other state. Most of those titles centered on race, racism, abortion and LGBTQ issues.