HB4361

Regular Session

Relating to establishing policies regarding the timely issuance of emergency notifications at public institutions of higher education.

CriticalImmediate action required

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Higher Education Coordinating Board (THECB)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority passage).
Compliance Deadline: Operational compliance is contingent upon the final adoption of rules by the THECB, anticipated Q4 2025.
Agency Rulemaking: The THECB is statutorily required to adopt rules "as soon as practicable." Institutions are currently in a regulatory "gray zone" where the mandate exists, but the specific technical standards are pending.

Immediate Action Plan

Flatten the Approval Tree: Immediately revise internal policies to remove the President/VP level from the emergency alert approval chain.
Audit Current Speeds: Run a silent drill this week to establish your baseline time from "threat confirmation" to "send."
Engage THECB: Submit comments during the rulemaking phase to ensure the "standardized procedures" account for your campus's specific technical limitations.
Integrate Systems: Ensure your Clery Act compliance team and your Campus Safety dispatchers are working off the same set of definitions for "emergency."

Operational Changes Required

Contracts

Vendor MSAs: Review Master Services Agreements with Emergency Mass Notification System (EMNS) providers (e.g., Rave, Everbridge). If THECB rules mandate specific dissemination speeds (e.g., "delivery to 90% of campus within 5 minutes"), your current SLA must be amended to guarantee this performance.
Employment Agreements: Revise job descriptions for Campus Safety Directors and Public Information Officers. Contracts must explicitly grant these roles the unilateral authority to issue alerts without seeking higher administrative approval, protecting them from disciplinary action for bypassing the chain of command during emergencies.

Hiring/Training

Unified Command Training: Eliminate silos between Campus Police and Student Affairs. Joint training is required to ensure that the "confirmation of threat" immediately triggers the "issuance of notification" without bureaucratic delay.
Liaison Appointment: Designate a senior compliance officer immediately to participate in the THECB consultation process to influence the forthcoming rules.

Reporting & Record-Keeping

Audit Trails: Configure EMNS software to automatically log three critical timestamps: (1) Time threat reported, (2) Time threat confirmed, and (3) Time alert disseminated.
Gap Analysis: You must document the justification for any time lag between confirmation and dissemination. These logs will be discoverable in future litigation.

Fees & Costs

Budget Impact: While the state anticipates no significant fiscal impact, institutions should budget for potential software integration costs if current systems cannot meet new speed or reporting standards.
Liability Insurance: Consult risk managers to ensure Educators Legal Liability policies cover "negligent notification" claims, as this law establishes a clearer standard of care for state civil suits.

Strategic Ambiguities & Considerations

Definition of "Timely": The Clery Act is vague, but the THECB may attempt to quantify "timely" (e.g., a hard 15-minute cap). A strict time limit would require a total overhaul of approval workflows.
Template Mandates: It is unclear if the Board will mandate *what* the message says (prescriptive templates) or just *how* it is sent.
"Consultation" Scope: The law requires consultation with students. Anticipate pressure for mobile-app-based notifications over email/SMS, which may force technology procurement changes.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsDisaster Preparedness & Relief Education Education--higher Education--higher--general Safety Higher Education Coordinating Board, Texas

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 4361

By: Ward Johnson

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that constituents and students who attend institutions of higher education in Texas are concerned about the processes surrounding emergency notifications on college campuses, specifically regarding the time between when an incident occurs and when students are notified. The bill author has also informed the committee that the federal Jeanne Clery Campus Safety Act provides the framework for which situations require a timely warning or an emergency notification but does not provide a timeline in which to issue the warning or notification to students and other parties. H.B. 4361 seeks to address this issue by requiring the Texas Higher Education Coordinating Board to adopt rules for public institutions of higher education regarding standardized procedures for timely issuing emergency notifications in accordance with that act.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 1 of this bill.

ANALYSIS

H.B. 4361 amends the Education Code to require the Texas Higher Education Coordinating Board, in consultation with administrators, faculty, staff, and students at public institutions of higher education, to adopt rules as soon as practicable after the bill's effective date regarding standardized procedures for timely issuing emergency notifications in accordance with the federal Jeanne Clery Campus Safety Act, including emergency alerts through the institution's emergency alert system.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

Bill Text(with markup)

H.B. No. 4361

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to establishing policies regarding the timely issuance of
	emergency notifications at public institutions of higher
	education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 61, Education Code, is
	amended by adding Section 61.070 to read as follows:
	Sec. 61.070. COORDINATION OF EMERGENCY NOTIFICATIONS. The
	board, in consultation with administrators, faculty, staff, and
	students at institutions of higher education, shall adopt rules
	regarding standardized procedures for timely issuing emergency
	notifications in accordance with the Jeanne Clery Campus Safety Act
	(20 U.S.C. Section 1092(f)), including emergency alerts through the
	system required under Section 51.218.
	SECTION 2. The Texas Higher Education Coordinating Board
	shall adopt the rules required by Section 61.070, Education Code,
	as added by this Act, as soon as practicable after the effective
	date of this Act.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Terry M. Wilson, Chair, House Committee on Higher Education

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB4361 by Ward Johnson (Relating to establishing policies regarding the timely issuance of emergency notifications at public institutions of higher education.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 966 Howard College, 978 San Jacinto College

LBB Staff:

JMc, FV, LBO, CPo, GO

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Frequently Asked Questions

Common questions about HB4361

What does Texas HB4361 do?

HB4361 mandates that all Texas public institutions of higher education adopt standardized, statewide procedures for issuing emergency notifications, strictly aligning with the federal Clery Act. This legislation removes local administrative discretion regarding "timely warnings," shifting authority to the Texas Higher Education Coordinating Board (THECB) to define the exact protocols for campus threat alerts. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority passage).

Who authored HB4361?

HB4361 was authored by Texas Representative Charlene Ward Johnson during the Regular Session.

When was HB4361 signed into law?

HB4361 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB4361?

HB4361 is enforced by Texas Higher Education Coordinating Board (THECB).

How urgent is compliance with HB4361?

The compliance urgency for HB4361 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB4361?

The cost impact of HB4361 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB4361 address?

HB4361 addresses topics including disaster preparedness & relief, education, education--higher, education--higher--general and safety.

Legislative data provided by LegiScanLast updated: November 25, 2025

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