| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the open carrying of a handgun by a uniformed school |
|
|
marshal. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 37.0811(c) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(c) A school marshal appointed by the board of trustees of a |
|
|
school district or the governing body of an open-enrollment charter |
|
|
school may carry [a concealed handgun] or possess a handgun on the |
|
|
physical premises of a school, but only: |
|
|
(1) in the manner provided by written regulations |
|
|
adopted by the board of trustees or the governing body; and |
|
|
(2) at a specific school as specified by the board of |
|
|
trustees or governing body, as applicable. |
|
|
(d) Any written regulations adopted for purposes of |
|
|
Subsection (c) must: |
|
|
(1) provide that a school marshal may: |
|
|
(A) carry a concealed handgun on the school |
|
|
marshal's person; |
|
|
(B) if wearing a uniform identifying the marshal |
|
|
as a school marshal, openly carry a handgun on the school marshal's |
|
|
person; or |
|
|
(C) possess the handgun on the physical premises |
|
|
of a school in a locked and secured safe or other locked and secured |
|
|
location; and |
|
|
(2) [. The written regulations must also] require |
|
|
that a handgun carried or possessed by a school marshal [may] be |
|
|
loaded only with frangible duty ammunition approved for that |
|
|
purpose by the Texas Commission on Law Enforcement. |
|
|
SECTION 2. Sections 37.0813(c) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(c) A school marshal appointed by the governing body of a |
|
|
private school may carry [a concealed handgun] or possess a handgun |
|
|
on the physical premises of a school, but only in the manner |
|
|
provided by written regulations adopted by the governing body. |
|
|
(d) Any written regulations adopted for purposes of |
|
|
Subsection (c) must: |
|
|
(1) provide that a school marshal may: |
|
|
(A) carry a concealed handgun on the school |
|
|
marshal's person; |
|
|
(B) if wearing a uniform identifying the marshal |
|
|
as a school marshal, openly carry a handgun on the school marshal's |
|
|
person; or |
|
|
(C) possess the handgun on the physical premises |
|
|
of a school in a locked and secured safe or other locked and secured |
|
|
location; and |
|
|
(2) [. The written regulations must also] require |
|
|
that a handgun carried or possessed by a school marshal [may] be |
|
|
loaded only with frangible duty ammunition approved for that |
|
|
purpose by the Texas Commission on Law Enforcement. |
|
|
SECTION 3. Section 51.220(d), Education Code, is amended to |
|
|
read as follows: |
|
|
(d) A school marshal appointed by the governing board of a |
|
|
public junior college may carry [a concealed handgun] or possess a |
|
|
handgun on the physical premises of a public junior college campus, |
|
|
but only: |
|
|
(1) in the manner provided by written regulations |
|
|
adopted by the governing board; and |
|
|
(2) at a specific public junior college campus as |
|
|
specified by the governing board. |
|
|
SECTION 4. Section 51.220(e), Education Code, as amended by |
|
|
Chapters 795 (H.B. 781) and 851 (S.B. 741), Acts of the 87th |
|
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
|
read as follows: |
|
|
(e) Any written regulations adopted for purposes of |
|
|
Subsection (d): |
|
|
(1) must [: |
|
|
[(A)] authorize a school marshal to: |
|
|
(A) carry a concealed handgun [as described by |
|
|
Subsection (d)] on the school marshal's person; |
|
|
(B) if wearing a uniform identifying the marshal |
|
|
as a school marshal, openly carry a handgun on the school marshal's |
|
|
person; or |
|
|
(C) possess the handgun on the physical premises |
|
|
of a public junior college campus in a locked and secured safe or |
|
|
other locked and secured location; [and] |
|
|
(2) must [(B)] require that a handgun carried or |
|
|
possessed by a school marshal [to] be loaded only with frangible |
|
|
duty ammunition approved for that purpose by the Texas Commission |
|
|
on Law Enforcement; and |
|
|
(3) [(2)] may not require a school marshal to store |
|
|
the handgun in a locked container while on duty. |
|
|
SECTION 5. This Act applies beginning with the 2023-2024 |
|
|
school year. |
|
|
SECTION 6. 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, 2023. |