By: Birdwell  S.B. No. 741
         (In the Senate - Filed February 23, 2021; March 11, 2021,
  read first time and referred to Committee on Education;
  April 23, 2021, reported favorably by the following vote:  Yeas 6,
  Nays 4; April 23, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the carrying or storage of a handgun by a school
  marshal.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 37.0811(c), (d), and (e), 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 provide that a school marshal may carry a
  concealed handgun on the school marshal's person or [as described
  by Subsection (c), 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 the [a] handgun
  on the physical premises of a school in a locked and secured safe or
  other locked and secured location [within the marshal's immediate
  reach when conducting the marshal's primary duty]. The written
  regulations must also require that a handgun carried or possessed
  by [or within access of] a school marshal may be loaded only with
  frangible duty ammunition approved for that purpose by the Texas
  Commission on Law Enforcement.
         (e)  A school marshal may use [access] a handgun the school
  marshal is authorized to carry or possess under this section only
  under circumstances that would justify the use of deadly force
  under Section 9.32 or 9.33, Penal Code.
         SECTION 2.  Sections 37.0813(c), (d), and (e), 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 provide that a school marshal may carry a
  concealed handgun on the school marshal's person or [as described
  by Subsection (c), except that if the primary duty of the school
  marshal involves regular, direct contact with students in a
  classroom setting, the marshal may not carry a concealed handgun
  but may] possess the [a] handgun on the physical premises of a
  school in a locked and secured safe or other locked and secured
  location [within the marshal's immediate reach when conducting the
  marshal's primary duty]. The written regulations must also require
  that a handgun carried or possessed by [or within access of] a
  school marshal may be loaded only with frangible duty ammunition
  approved for that purpose by the Texas Commission on Law
  Enforcement.
         (e)  A school marshal may use [access] a handgun the school
  marshal is authorized to carry or possess under this section only
  under circumstances that would justify the use of deadly force
  under Section 9.32 or 9.33, Penal Code.
         SECTION 3.  Sections 51.220(d), (e), and (f), Education
  Code, are 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.
         (e)  Any written regulations adopted for purposes of
  Subsection (d) must provide that a school marshal may carry a
  concealed handgun on the school marshal's person or [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 the [a] handgun
  on the physical premises of a public junior college campus in a
  locked and secured safe or other locked and secured location
  [within the marshal's immediate reach when conducting the marshal's
  primary duty]. The written regulations must also require that a
  handgun carried or possessed by [or within access of] a school
  marshal may be loaded only with frangible duty ammunition approved
  for that purpose by the Texas Commission on Law Enforcement.
         (f)  A school marshal may use [access] a handgun the school
  marshal is authorized to carry or possess under this section only
  under circumstances that would justify the use of deadly force
  under Section 9.32 or 9.33, Penal Code.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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, 2021.
 
  * * * * *