89th Legislature

HB 4361

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4361 seeks to improve campus safety at Texas public institutions of higher education by standardizing emergency notification procedures. The bill amends Subchapter C, Chapter 61 of the Texas Education Code by adding Section 61.070, which directs the Texas Higher Education Coordinating Board (THECB) to adopt rules in consultation with stakeholders—including administrators, faculty, staff, and students—that govern how emergency alerts are issued. These procedures must comply with the Jeanne Clery Campus Safety Act, a federal law mandating timely warnings of campus threats, and must incorporate the use of existing emergency alert systems as required by Section 51.218 of the Texas Education Code.

The goal of the legislation is to ensure that emergency communication on college campuses is timely, consistent, and effective statewide. By tasking the THECB with rulemaking authority and stakeholder engagement, the bill promotes a collaborative and standardized approach while respecting the unique needs of each institution. Implementation of the rules must occur as soon as practicable after the law takes effect.
Author
Charlene Ward Johnson
Donna Howard
Cassandra Garcia Hernandez
Armando Walle
Lauren Simmons
Co-Author
Alma Allen
John Bryant
Nicole Collier
Yvonne Davis
Maria Flores
Linda Garcia
Barbara Gervin-Hawkins
Mary Gonzalez
Vikki Goodwin
Gina Hinojosa
Ann Johnson
Jolanda Jones
Venton Jones
Christian Manuel
Trey Martinez Fischer
Christina Morales
Vincent Perez
Mihaela Plesa
Ron Reynolds
Jon Rosenthal
Sponsor
Judith Zaffirini
Co-Sponsor
Borris Miles
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4361 is not expected to result in any significant fiscal impact to the State of Texas. The Texas Higher Education Coordinating Board (THECB), the agency tasked with developing and adopting the standardized emergency notification rules, is anticipated to absorb any administrative or operational costs associated with the bill through its existing resources and appropriations​.

The bill likewise imposes no fiscal burden on local governments, including public institutions of higher education. Agencies consulted in the analysis—including major university systems such as the University of Texas, Texas A&M, Texas Tech, and others—did not anticipate the need for additional funding to comply with the rulemaking or implementation process. This is likely because the institutions are already required under federal law (Jeanne Clery Act) and state law (Texas Education Code §51.218) to maintain emergency notification systems, and HB 4361 primarily aims to standardize these existing practices rather than create new infrastructure or mandates.

In summary, HB 4361 is fiscally neutral and represents an administrative streamlining of existing safety protocols rather than an expansion of financial or regulatory obligations.

Vote Recommendation Notes

While HB 4361 presents clear public safety benefits by improving the timeliness and consistency of emergency alerts on college campuses, it also expands the rulemaking responsibilities of the Texas Higher Education Coordinating Board. Although this expansion is modest and within existing frameworks, it introduces additional administrative oversight in an area already governed by federal law (the Jeanne Clery Act). For those prioritizing minimal government intervention and decentralization, this could be seen as an unnecessary formalization of duties that institutions may already be addressing independently.

Moreover, the bill lacks clarity around enforcement mechanisms or metrics for evaluating “timely” notifications. This ambiguity could limit the practical impact of the legislation or lead to uneven application across institutions. It may also result in universities creating duplicative or overly cautious protocols to avoid liability, which could hinder institutional autonomy or lead to procedural inefficiencies.

The bill’s strength lies in promoting student safety and aligning state practices with federal expectations, all without a significant fiscal impact​. However, the absence of measurable performance requirements, coupled with a top-down rulemaking approach, leaves legitimate room for concern from a limited-government or administrative efficiency perspective.

Therefore, a NEUTRAL recommendation acknowledges the bill's well-intentioned goals and minimal fiscal risk, while reserving support due to its modest bureaucratic expansion and reliance on regulatory implementation without clear benchmarks. Texas Policy Research remains NEUTRAL on HB 4361.

  • Individual Liberty: HB 4361 enhances individual liberty by ensuring that students, faculty, and staff at public institutions receive timely emergency notifications, allowing them to act freely and effectively in response to threats. While the bill increases safety transparency, its implementation details will determine whether it respects institutional discretion or imposes uniform mandates that could inadvertently limit flexibility.
  • Personal Responsibility: The bill supports personal responsibility by providing individuals with the critical information they need to make informed decisions during emergencies. By enabling quicker personal action in crisis situations, the legislation reinforces the principle that individuals, not just institutions, are responsible for their own safety.
  • Free Enterprise: There is no impact on free enterprise. HB 4361 applies solely to public institutions of higher education and does not regulate or affect private sector activity, business operations, or the market environment.
  • Private Property Rights: The bill does not affect private property rights. It does not involve land use, seizure, or access to private property, and its focus remains strictly on institutional communication protocols at public colleges and universities.
  • Limited Government: HB 4361 slightly expands government oversight by requiring the Texas Higher Education Coordinating Board to adopt new rules. Although the rulemaking occurs within an existing legal framework and is not fiscally burdensome, it represents a marginal increase in state involvement in campus-level decision-making, which may raise concerns for advocates of decentralized governance.
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