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A BILL TO BE ENTITLED
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AN ACT
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relating to school marshals for private schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.127, Code of Criminal Procedure, is |
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amended by amending Subsections (a) and (d) and adding Subsection |
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(a-1) to read as follows: |
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(a) Except as provided by Subsection (b), a school marshal |
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may: |
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(1) make arrests and exercise all authority given |
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peace officers under this code, subject to written regulations |
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adopted by: |
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(A) the board of trustees of a school district or |
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the governing body of an open-enrollment charter school under |
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Section 37.0811, Education Code; or |
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(B) the governing body of a private school under |
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Section 37.0812, Education Code;[,] and |
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(2) only act as necessary to prevent or abate the |
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commission of an offense that threatens serious bodily injury or |
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death of students, faculty, or visitors on school premises. |
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(a-1) In this section, "private school" means a school that: |
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(1) offers a course of instruction for students in one |
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or more grades from prekindergarten through grade 12; |
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(2) is not operated by a governmental entity; and |
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(3) is not a home school. |
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(d) A person may not serve as a school marshal unless the |
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person is: |
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(1) licensed under Section 1701.260, Occupations |
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Code; and |
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(2) appointed by: |
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(A) the board of trustees of a school district or |
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the governing body of an open-enrollment charter school under |
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Section 37.0811, Education Code; or |
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(B) the governing body of a private school under |
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Section 37.0812, Education Code. |
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SECTION 2. The heading to Section 37.0811, Education Code, |
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is amended to read as follows: |
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Sec. 37.0811. SCHOOL MARSHALS: PUBLIC SCHOOLS. |
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SECTION 3. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0812 to read as follows: |
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Sec. 37.0812. SCHOOL MARSHALS: PRIVATE SCHOOLS. (a) The |
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governing body of a private school may appoint not more than one |
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school marshal per 400 students enrolled in the school. |
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(b) The governing body of a private school may select for |
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appointment as a school marshal under this section an applicant who |
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is an employee of the school and certified as eligible for |
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appointment under Section 1701.260, Occupations Code. |
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(c) A school marshal appointed by the governing body of a |
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private school may carry or possess a handgun on the physical |
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premises of a school, but only in the manner provided by written |
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regulations adopted by the governing body. |
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(d) Any written regulations adopted for purposes of |
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Subsection (c) must provide that a school marshal may carry a |
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concealed handgun as described by Subsection (c), except that if |
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the primary duty of the school marshal involves regular, direct |
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contact with students, the marshal may not carry a concealed |
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handgun but may possess a handgun on the physical premises of a |
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school in a locked and secured safe within the marshal's immediate |
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reach when conducting the marshal's primary duty. The written |
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regulations must also require that a handgun carried by or within |
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access of a school marshal may be loaded only with frangible |
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ammunition designed to disintegrate on impact for maximum safety |
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and minimal danger to others. |
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(e) A school marshal may access a handgun under this section |
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only under circumstances that would justify the use of deadly force |
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under Section 9.32 or 9.33, Penal Code. |
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(f) A private school employee's status as a school marshal |
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becomes inactive on: |
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(1) expiration of the employee's school marshal |
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license under Section 1701.260, Occupations Code; |
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(2) suspension or revocation of the employee's license |
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to carry a concealed handgun issued under Subchapter H, Chapter |
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411, Government Code; |
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(3) termination of the employee's employment with the |
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private school; or |
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(4) notice from the governing body that the employee's |
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services as school marshal are no longer required. |
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(g) The identity of a school marshal appointed under this |
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section is confidential, except as provided by Section 1701.260(j), |
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Occupations Code, and is not subject to a request under Chapter 552, |
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Government Code. |
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(h) If a parent or guardian of a student enrolled at a |
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private school inquires in writing, the school shall provide the |
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parent or guardian written notice indicating whether any employee |
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of the school is currently appointed a school marshal. The notice |
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may not disclose information that is confidential under Subsection |
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(g). |
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(i) This section does not apply to a home school. |
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SECTION 4. Section 1701.001(8), Occupations Code, is |
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amended to read as follows: |
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(8) "School marshal" means a person who: |
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(A) is [employed and] appointed to serve as a |
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school marshal by: |
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(i) the board of trustees of a school |
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district or the governing body of an open-enrollment charter school |
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under [Article 2.127, Code of Criminal Procedure, and in accordance
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with and having the rights provided by] Section 37.0811, Education |
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Code; or |
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(ii) the governing body of a private school |
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under Section 37.0812, Education Code; |
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(B) is licensed under Section 1701.260; and |
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(C) has powers and duties described by Article |
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2.127, Code of Criminal Procedure. |
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SECTION 5. Section 1701.260, Occupations Code, is amended |
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by amending Subsections (a), (j), and (l) and adding Subsection |
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(a-1) to read as follows: |
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(a) The commission shall establish and maintain a training |
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program open to any employee of a school district, [or] |
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open-enrollment charter school, or private school who holds a |
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license to carry a concealed handgun issued under Subchapter H, |
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Chapter 411, Government Code. The training may be conducted only by |
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the commission staff or a provider approved by the commission. |
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(a-1) In this section, "private school" has the meaning |
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assigned by Article 2.127, Code of Criminal Procedure. |
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(j) The commission shall submit the identifying information |
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collected under Subsection (b) for each person licensed by the |
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commission under this section to: |
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(1) the director of the Department of Public Safety; |
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(2) the person's employer, if the person is employed by |
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a school district, [or] open-enrollment charter school, or private |
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school; |
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(3) the chief law enforcement officer of the local |
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municipal law enforcement agency if the person is employed at a |
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campus of a school district, [or] open-enrollment charter school, |
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or private school located within a municipality; |
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(4) the sheriff of the county if the person is employed |
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at a campus of a school district, [or] open-enrollment charter |
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school, or private school that is not located within a |
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municipality; and |
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(5) the chief administrator of any peace officer |
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commissioned under Section 37.081, Education Code, if the person is |
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employed at a school district that has commissioned a peace officer |
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under that section. |
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(l) All [Identifying] information [about a person] |
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collected or submitted under this section is confidential, except |
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as provided by Subsection (j), and is not subject to disclosure |
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under Chapter 552, Government Code. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |