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HDC Policy Review:

Gov. Abbott’s School and Firearm Safety Action Plan

Overview
On Wednesday, May 30th, Governor Greg Abbott released a 44-page “School and Firearm Safety
Action Plan.” The plan was the result of roundtable discussions with stakeholders in response to
the tragic Santa Fe High School shootings.

While Governor Abbott’s proposals are welcomed, there must be serious consideration of the
costs required for implementing the most critical components of the plan. With 8,757 school
campuses in Texas1, major changes, such as hiring more counselors and upgrading school
facilities, will require funding far beyond what is specified in the Governor’s plan.

The Texas House Democratic Caucus is eager to work with the Governor and colleagues in the
Legislature to identify methods to fully fund local schools to keep Texas kids safe.

Funding Gaps in the Governor’s Plan


Of the forty recommendations outlined in the plan, at least twenty require specific funding. Of
those twenty recommendations, thirteen have no specific method of financing identified. A list
of these twenty recommendations, along with the text of the Governor’s plan, can be found at
the conclusion of this document (Appendix A).

Gov. Abbott’s Proposals for School Safety


Total # of proposals 40
Proposals requiring funding 20
Proposals requiring funding that have
13
no method of financing identified

Proposals that cannot be paid for will be correctly interpreted as unfunded mandates by local
communities. In the absence of any additional state funding for our local schools, unfunded
mandates put additional pressure on local counties and school districts to further increase
property taxes – a burden that is already far too great for many Texas taxpayers.

1
https://tea.texas.gov/WorkArea/DownloadAsset.aspx?id=51539619750

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Federal STEM Grant Dollars Re-Purposed for School Safety
One key piece of the Governor’s plan is utilizing $62.1 million in federal grant funds –
specifically, Student Support and Academic Enrichment (SSAE) grants – to pay for some of the
school safety proposals. Congress’ recently passed budget appropriated some of these funds
for school safety; however, those dollars were also designated for STEM education programs
for student populations in need.2 While the state of Texas has discretion and can apply for a
waiver for how to use those dollars, it is troubling to imagine much-needed STEM dollars being
entirely redirected for other needs.

Should Governor Abbott and TEA Commissioner Mike Morath decide to seek waivers to use all
the $62.1 million in SSAE funds for school safety improvements, they should also develop a plan
to replace the portion of those funds intended for STEM education programs.

School Marshal Trainings


Many members of the Texas House Democratic Caucus have real concerns regarding expanding
the use of marshals in schools and weakening training requirements, as they did when the bill
was originally proposed in 2013. Representative Gina Hinojosa, a former school board member,
highlighted some of those concerns in a statement responding to the Governor’s plan:

“As a former school board member who oversaw disciplinary actions against Student
Resource Officers misusing power at the expense of our children…[I have] witnessed the
need for redundant training for armed school personnel. There are no shortcuts…It is
imperative that efforts to reduce gun violence in our schools be data based, otherwise,
we risk exacerbating the danger.”

The concern isn’t just among legislators – in the five years since Texas’ school marshal program
became law, only 17% of Texas school districts have participated in the program. 3 Weakening
existing training procedures, while also attempting to double the number of school marshals, is
a risky proposition that merits extensive discussion and debate by the Legislature.

2
“The Trump administration’s bogus spin that it obtained $2 billion for ‘school safety’,” Washington Post, 5/23/18.
https://www.washingtonpost.com/news/fact-checker/wp/2018/05/23/the-trump-administrations-bogus-spin-
that-it-obtained-2-billion-for-school-safety/?utm_term=.074461a6f660
3
“In Texas, 172 school districts allow teachers, staff to carry guns in schools,” Corpus Christi Caller-Times, 2/22/18.
https://www.caller.com/story/news/education/2018/02/22/texas-172-school-districts-allow-teachers-staff-
armed/364677002/

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Campus Space Available for Law Enforcement
Gov. Abbott raised a reasonable sounding proposal when offering that law enforcement
officers could use extra office space in schools to complete their reports. Unfortunately, public
and charter schools often don’t have unused office space to just give away. Facility funding and
upgrades are traditionally paid for by local bonds; to make this recommendation a reality, local
taxpayers would need to fund the construction of additional office space for law enforcement.
As a result, only wealthier schools would likely be able to make this recommendation workable.

Additional Policy Considerations to Reduce Gun Violence


Many of the Governor’s policy proposals are workable solutions the Legislature should consider
– because they may require additional funding does not mean they are not good ideas. The
Texas House Democratic Caucus has long advocated for more counselors and support staff for
Texas students.

Upon releasing his plan, Governor Abbott stated quite clearly, “This is the beginning not the
end of this discussion.”4 Our Caucus is taking that statement, along with his plan, seriously, and
look forward to further discussing our ideas with his office.

On Monday, May 21, the Texas House Democratic Caucus shared a letter with Governor Abbott
highlighting a number of bills filed during the 85th Regular Session that could help stem the
troubling rise of gun violence in Texas and the country. The letter noted a number of proposed
bills the Governor should consider as part of his proposals. While a few of those proposals
appeared in his plan – including Representative Joe Moody’s bill for emergency protective
orders, Representative Eddie Rodriguez’s bill for emergency response alarms at schools, and
Representative Donna Howard’s call for a safe gun storage campaign – many did not.

There must be a bipartisan approach to reducing gun violence; Texas students, families, and
communities deserve nothing less. Attached to this document (Appendix B) is an updated list of
proposals from House Democrats the Governor should consider as Texas’ elected officials
continue the conversation about school safety and gun violence prevention.

4
https://twitter.com/GregAbbott_TX/status/1001870790206345216

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Conclusion
At the conclusion of his plan, Governor Abbott writes:

“These suggestions identify nearly $110 million in total likely funding, including $70
million that is already or will soon be available to begin this important work.
Additionally, I have currently identified a specific need for $30 million that I will work
with the Legislature to fund next session.”

The Legislature should be able to identify an additional $30 million. What will be a challenge,
however, is paying for the most significant proposals in the Governor’s plan – including hiring
more school counselors and upgrading school facilities.

The Economic Stabilization Fund (ESF) can and should be used to help cover the cost of school
facility upgrades, both for school shootings and for the approximately $100 million in state
funds needed to repair schools impacted by Hurricane Harvey.5 The Governor should galvanize
support within the Legislature to use the ESF for these critical purposes.

Beyond that, though, long-term and ongoing costs can only be responsibly borne by the state.
Federal funds may not be available in the future. Improvements to Texas’ school finance
system, as well as a complete restoration of the $5.4 billion cut to public schools in 2011, is
required in order to ensure our local schools have the resources they need to help keep Texas
school children safe.

The Texas House Democratic Caucus is prepared with real solutions to reduce gun violence,
improve school safety, and better protect Texas kids.

5
This amount was noted by TEA Commissioner Mike Morath during testimony at the May 24, 2018 Texas House
Appropriations Committee.

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Appendix A: Gov. Abbott Proposals That Require Funding

1. Schools should collaborate with local law enforcement to heighten police presence on
school campuses.

Funding source: None Specified

From the plan:


“To assist this process, the state should consider offering a $10,000 matching
grant to schools that draw down federal funds to help defray any increased costs
of patrols or making accommodation for law enforcement to otherwise be
present on campuses as an augment to existing security.”

2. Prioritize hiring retired peace officers – specifically police, sheriffs, and constables –
and military veterans for school security.

Funding source: None specified

3. Increase the number of school marshals by funding training this summer. The Texas
Education Agency should issue a letter to Administrators no later than June 8, 2018,
encouraging them to identify personnel to participate in the marshal program.

Funding source: Temporarily Identified

From the plan:


“Using funds from the Governor’s Criminal Justice Division, all costs of training
from June-August of 2018 will be paid to help reduce the threat of active
shooters in the 2018-2019 school year.”

4. Increase (double) the number of school marshals that can be appointed per school.

Funding source: None Specified

5. Require annual refresher courses to maintain school marshal skills.

Funding source: None Specified

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6. Protect students and teachers by better preparing campus security to respond to
active shooters.

Funding source: Temporarily Identified

From the plan:


“CJD has provided a $1.25 million grant to ALERRT to be used to deliver 75
classes this summer, training approximately 2800 students, most of whom are
law enforcement. This training will be provided free of charge for any
participating school district or charter school for the remainder of 2018.”

7. Improve the infrastructure and design of Texas schools to reduce security threats.

Funding source: None Specified

From the plan:


“Upgrades to existing facilities are costly, though a variety of federal funds for
equipment, technology, and security personnel are available to ISDs. The
Legislature should consider evaluating these options and providing guidance to
school districts on the issue.”

8. TEA will work with school districts to prioritize $62.1 million in new federal funding
toward immediate school safety improvements, including school hardening, increased
law enforcement patrols, implementation of mental health programs, and other
recommendations discussed in this plan.

Funding source:
This $62.1 million comes from the U.S. Department of Education’s Title IV
Student Support and Academic Enrichment (SSAE) grant, which President Trump
wanted to zero out. Those dollars can be spent for school safety, but were also
designed for other critical needs. As the Washington Post has reported:

“Language in the House Appropriations Committee report and the omnibus


explanatory statement published in the Congressional Record shows that
Congress expected that much of this money would be spent on STEM education,
especially computer science training for “underrepresented students such as
minorities, girls, and youth from families living at or below the poverty line.”

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9. To enhance school safety and ensure additional behavioral health services are
available to students on-campus, expand access to Texas Tech Health Sciences
Center’s Telemedicine Wellness Intervention Triage & Referral (TWITR) Project.

Funding source: None Specified

From the plan:


“The Governor’s Office and the Legislature should identify $20 million to begin to
expand the capacity of the TWITR program and similar programs with the
ultimate goal of ensuring students on every campus across the state have access
to needed behavioral health services through innovative, proven programs like
TWITR. As a point of reference, the costs of expanding the TWITR model into 10
additional ISDs would be approximately $1 million per biennium.”

10. Increase Mental Health First Aid training during summer 2018

Funding source: Temporarily Identified

From the plan:


“The General Appropriations Act for Fiscal Year 2018-2019 includes $5 million GR
for grants to LMHAs for Mental Health First Aid training…HHSC and TEA will also
seek potential federal funding opportunities for Mental Health First Aid made
available through the FY 2018 Omnibus Appropriations Act.”

11. The Texas School Safety Center will partner with SIGMA Threat Management to
deliver training on Behavioral Threat Assessment to school personnel.

Funding source: Identified

From the plan:


“These programs will be funded through grants from the Governor’s Criminal
Justice Division.”

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12. Prioritize the importance of the mental and behavioral health needs of students by
freeing up counselors to focus on those needs, encourage school districts to add more
counselors at the campus level, and appropriate funds to fill in gaps.

Funding source: None Specified

From the plan:


“One possible method of finance for this proposal is the removal of restrictions
on weighted student funding in the school finance system. Through removing
the limits on how funds should be spent, districts can pool resources to better
prioritize students’ emotional and mental health needs.”

13. Expand Crime Stoppers operations and launch an awareness campaign for school
employees and students to encourage the reporting of tips related to school crime.

Funding source: Identified

From the plan:


“Crime Stoppers organizations are community-based, nonprofit organizations
and are funded by donations, fundraisers, court-ordered probation fees, and
partly with a dedicated GR account administered by the Governor’s Criminal
Justice Division.”

14. Increase the use and awareness of DPS’ “iWatch Texas” reporting system to enable
and encourage parents, students, and teachers to easily report potential harm or
criminal activity directed at school students, school employees, and schools.

Ensure that DPS staff are trained to and have the ability to make appropriate referrals.

Funding source: None Specified

From the plan:


“DPS will need additional personnel to monitor the expected increase in tips
coming in through the iWatch system.”

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15. Increase the number of fusion centers in Texas to improve law enforcement’s ability
to identify, process, and resolve potential threats that appear on social media.

Funding source: None Specified

From the plan:


“To meet the future demands of processing and disseminating information to
keep our school safe, the state should create at least two more regional fusion
centers. With this added capacity, law enforcement will be able to investigate
flagged social media activity, crowdsourced threat reports, and other reports.”

16. To better respond to the needs of students and school faculty in the aftermath of a
crisis, expand the Texas Critical Incident Stress Management (CISM) Network to
improve outcomes.

Funding source: None Specified

From the plan:


“This volunteer network should not be limited to only school and university
employees, but these existing resources do provide an invaluable and immediate
starting point for building out this new network of critical incident providers.”

17. When a student is placed in a DAEP classroom, the school district should implement a
cycle of restorative practices designed to address the underlying mental or behavioral
health issues, including screenings from the TWITR project or similar programs.

Funding source: None Specified

18. Create a statewide case management system to provide magistrates immediate access
to critical information and to speed the timely reporting of court records for federal
background checks.

Funding source: None Specified

From the plan:


“The Office of Court Administration (OCA) should pursue all available federal
funds for this purpose and report to the Texas Legislature if additional funding is
needed.”

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19. Adjudications affecting the right to legally purchase and possess firearms should be
reported within 48 hours. This 48-hour requirement should also extend to protective
orders and family violence convictions. Courts should ensure that all disqualifying
felony convictions are entered as soon as possible.

Funding source: None Specified

From the plan:


“Any increase in CJIS reporting requirements would likely be seen by the
counties and court systems as an “unfunded mandate” unless tied to additional
grant funding. This may be available through either CJD, or through federal grant
funds and the Texas OCA Protective Order Record Improvement Project.”

20. Promote voluntary use of gun locks.

Funding source: Identified

From the plan:


“[An] approach would be to work with the National Sports Shooting Foundation
(NSSF) to promote proper storage and encourage the use of “gun locks” by
creating a $1 million grant program with funds from the Governor’s Criminal
Justice Division to support NSSF activities.”

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Appendix B: Bills on Gun Violence Prevention
Bill Author Overview of the Bill
HB 1353 (83R) Rep. Eddie Rodriguez Creates an emergency alarm system for schools
HB 1770 (83R) Rep. Chris Turner Uses ESF dollars to improve security of school facilities
Creating offenses concerning firearm sales at
HB 3347 (83R) Rep. Eddie Rodriguez
gun shows & charging a fee
Relating to storage of firearms surrendered by a person subject
HB 2409 (84R) Rep. Eddie Rodriguez
to an emergency protection order
HB 111 (85R) Rep. Joe Moody Educational program to improve firearm safety
Creating offenses concerning firearm sales at
HB 259 (85R) Rep. Rafael Anchia
gun shows & charging a fee
HB 291 (85R) Rep. Eric Johnson Allows Dallas to opt out of open carry laws
Prosecuting offenses involving carrying guns
HB 465 (85R) Rep. Rafael Anchia
at amusement parks or places associated w/ schools
Creation of a firearm safety campaign, much
HB 631 (85R) Rep. Donna Howard
like "Don't Mess With Texas"
HB 866 (85R) Rep. Joe Moody Creates a lethal violence protective order a court may issue
Prohibiting the transfer of a firearm to someone
HB 1229 (85R) Rep. César Blanco
included in the FBI terrorist screening database
Requiring a national instant criminal background
HB 2034 (85R) Rep. César Blanco
check in connection with internet firearm sales
Relating to the unlawful possession of a firearm by persons
HB 2543 (85R) Rep. Poncho Nevárez
who are subject to certain judicial determinations
HB 2583 (85R) Rep. Armando Martinez Class A misdemeanor for the reckless discharge of a firearm
Limit transfer of firearms to individuals with certain adjudicated
HB 2655 (85R) Rep. Poncho Nevárez
mental health conditions
HB 2712 (85R) Rep. Tomas Uresti $100 buyback program for guns, paid by state
HB 3057 (85R) Rep. Rafael Anchia Possessing a gun in a secured area of an airport
Rep. Senfronia
HB 3340 (85R) On providing info about gun safety & suicide prevention
Thompson
HB 3853 (85R) Rep. Garnet Coleman Increase availability of school counselors at Texas public schools
Prohibiting carrying of handguns at Texas State Fair and other
HB 3989 (85R) Rep. Eric Johnson
places where amusement rides are available
Stop purchase-and-transfer of firearms from one who can buy
HB 4037 (85R) Rep. Rafael Anchia
legally to one who may use them illegally
HB 4200 (85R) Rep. Gina Hinojosa Help stop/report those banned from buying guns

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