|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the appointment of school marshals by public junior |
|
colleges. |
|
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, or the governing board of a |
|
public junior college under Section 37.0811, 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, or the governing board of a public junior college under |
|
Section 37.0811, Education Code. |
|
SECTION 2. Sections 37.0811(a), (b), (c), and (f), |
|
Education Code, are amended to read as follows: |
|
(a) The board of trustees of a school district, [or] the |
|
governing body of an open-enrollment charter school, or the |
|
governing board of a public junior college may appoint not more than |
|
one school marshal per 400 students in average daily attendance per |
|
campus. |
|
(b) The board of trustees of a school district, [or] the |
|
governing body of an open-enrollment charter school, or 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 school district, [or] open-enrollment charter |
|
school, or public junior college and certified as eligible for |
|
appointment under Section 1701.260, Occupations Code. The board of |
|
trustees, [or] governing body, or 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. |
|
(c) A school marshal appointed by the board of trustees of a |
|
school district, [or] the governing body of an open-enrollment |
|
charter school, or the governing board of a public junior college |
|
may carry 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, or the |
|
governing board; and |
|
(2) at a specific school as specified by the board of |
|
trustees, [or] governing body, or governing board, as applicable. |
|
(f) A school district, [or] charter school, or 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 |
|
district, [or] charter school, or public junior college; or |
|
(4) notice from the board of trustees of the district, |
|
[or] the governing body of the charter school, or the governing |
|
board of the public junior college that the employee's services as |
|
school marshal are no longer required. |
|
SECTION 3. Sections 1701.260(a) and (j), 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, [or] |
|
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, [or] open-enrollment charter school, or public |
|
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, [or] open-enrollment charter school, |
|
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, [or] open-enrollment charter |
|
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, Education Code, if the person is |
|
employed at a school district that has commissioned a peace officer |
|
under that section. |
|
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, [or] the |
|
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, Education Code. |
|
SECTION 5. This Act takes effect September 1, 2015. |