Bill Text: TX SB386 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to school marshals for public junior colleges, notifying a parent or guardian whether an employee of a public junior college is appointed school marshal, and the confidentiality of information submitted to or collected by the Texas Commission on Law Enforcement in connection with a certification for appointment as school marshal.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB386 Detail]
Download: Texas-2015-SB386-Enrolled.html
S.B. No. 386 |
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relating to school marshals for public junior colleges, notifying a | ||
parent or guardian whether an employee of a public junior college is | ||
appointed school marshal, and the confidentiality of information | ||
submitted to or collected by the Texas Commission on Law | ||
Enforcement in connection with a certification for appointment as | ||
school marshal. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 2.127(a) and (d), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), a school marshal | ||
may make arrests and exercise all authority given peace officers | ||
under this code, subject to written regulations adopted by the | ||
board of trustees of a school district or the governing body of an | ||
open-enrollment charter school under Section 37.0811, Education | ||
Code, or the governing board of a public junior college under | ||
Section 51.220, Education Code, and only act as necessary to | ||
prevent or abate the commission of an offense that threatens | ||
serious bodily injury or death of students, faculty, or visitors on | ||
school premises. | ||
(d) A person may not serve as a school marshal unless the | ||
person is: | ||
(1) licensed under Section 1701.260, Occupations | ||
Code; and | ||
(2) appointed by the board of trustees of a school | ||
district or the governing body of an open-enrollment charter school | ||
under Section 37.0811, Education Code, or the governing board of a | ||
public junior college under Section 51.220, Education Code. | ||
SECTION 2. Subchapter E, Chapter 51, Education Code, is | ||
amended by adding Section 51.220 to read as follows: | ||
Sec. 51.220. PUBLIC JUNIOR COLLEGE SCHOOL MARSHALS. | ||
(a) In this section, "public junior college" has the meaning | ||
assigned by Section 61.003. | ||
(b) The governing board of a public junior college may | ||
appoint one or more school marshals. | ||
(c) The governing board of a public junior college may | ||
select for appointment as a school marshal under this section an | ||
applicant who is an employee of the public junior college and | ||
certified as eligible for appointment under Section 1701.260, | ||
Occupations Code. The governing board may, but shall not be | ||
required to, reimburse the amount paid by the applicant to | ||
participate in the training program under that section. | ||
(d) A school marshal appointed by the governing board of a | ||
public junior college may carry 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. | ||
(e) Any written regulations adopted for purposes of | ||
Subsection (d) must provide that a school marshal may carry a | ||
concealed handgun as described by Subsection (d), except that if | ||
the primary duty of the school marshal involves regular, direct | ||
contact with students, the marshal may not carry a concealed | ||
handgun but may possess a handgun on the physical premises of a | ||
public junior college campus in a locked and secured safe within the | ||
marshal's immediate reach when conducting the marshal's primary | ||
duty. The written regulations must also require that a handgun | ||
carried by or within access of a school marshal may be loaded only | ||
with frangible ammunition designed to disintegrate on impact for | ||
maximum safety and minimal danger to others. | ||
(f) A school marshal may access a handgun under this section | ||
only under circumstances that would justify the use of deadly force | ||
under Section 9.32 or 9.33, Penal Code. | ||
(g) A public junior college employee's status as a school | ||
marshal becomes inactive on: | ||
(1) expiration of the employee's school marshal | ||
license under Section 1701.260, Occupations Code; | ||
(2) suspension or revocation of the employee's license | ||
to carry a concealed handgun issued under Subchapter H, Chapter | ||
411, Government Code; | ||
(3) termination of the employee's employment with the | ||
public junior college; or | ||
(4) notice from the governing board of the public | ||
junior college that the employee's services as school marshal are | ||
no longer required. | ||
(h) The identity of a school marshal appointed under this | ||
section is confidential, except as provided by Section 1701.260(j), | ||
Occupations Code, and is not subject to a request under Chapter 552, | ||
Government Code. | ||
(i) If a parent or guardian of a student enrolled at a public | ||
junior college inquires in writing, the governing board of the | ||
public junior college shall provide the parent or guardian written | ||
notice indicating whether any employee of the public junior college | ||
is currently appointed a school marshal. The notice may not | ||
disclose information that is confidential under Subsection (h). | ||
SECTION 3. Sections 1701.260(a), (j), and (l), Occupations | ||
Code, are amended to read as follows: | ||
(a) The commission shall establish and maintain a training | ||
program open to any employee of a school district, [ |
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open-enrollment charter school, or public junior college who holds | ||
a license to carry a concealed handgun issued under Subchapter H, | ||
Chapter 411, Government Code. The training may be conducted only by | ||
the commission staff or a provider approved by the commission. | ||
(j) The commission shall submit the identifying information | ||
collected under Subsection (b) for each person licensed by the | ||
commission under this section to: | ||
(1) the director of the Department of Public Safety; | ||
(2) the person's employer, if the person is employed by | ||
a school district, [ |
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junior college; | ||
(3) the chief law enforcement officer of the local | ||
municipal law enforcement agency if the person is employed at a | ||
campus of a school district, [ |
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or public junior college located within a municipality; | ||
(4) the sheriff of the county if the person is employed | ||
at a campus of a school district, [ |
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school, or public junior college that is not located within a | ||
municipality; and | ||
(5) the chief administrator of any peace officer | ||
commissioned under Section 37.081 or 51.203, Education Code, if the | ||
person is employed at a school district or public junior college | ||
that has commissioned a peace officer under either [ |
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(l) All [ |
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collected or submitted under this section is confidential, except | ||
as provided by Subsection (j), and is not subject to disclosure | ||
under Chapter 552, Government Code. | ||
SECTION 4. Section 1701.001(8), Occupations Code, is | ||
amended to read as follows: | ||
(8) "School marshal" means a person employed and | ||
appointed by the board of trustees of a school district, [ |
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governing body of an open-enrollment charter school, or the | ||
governing board of a public junior college under Article 2.127, | ||
Code of Criminal Procedure, and in accordance with and having the | ||
rights provided by Section 37.0811 or 51.220, Education Code. | ||
SECTION 5. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 386 passed the Senate on | ||
April 9, 2015, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 28, 2015, by the | ||
following vote: Yeas 29, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 386 passed the House, with | ||
amendment, on May 22, 2015, by the following vote: Yeas 140, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |