Texas 2015 - 84th Regular

Texas Senate Bill SB301 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R3174 GCB-D
2	2	By: Taylor of Collin S.B. No. 301
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to school marshals for private schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 2.127, Code of Criminal Procedure, is
10	10	amended by amending Subsections (a) and (d) and adding Subsection
11	11	(a-1) to read as follows:
12	12	(a) Except as provided by Subsection (b), a school marshal
13	13	may:
14	14	(1) make arrests and exercise all authority given
15	15	peace officers under this code, subject to written regulations
16	16	adopted by:
17	17	(A) the board of trustees of a school district or
18	18	the governing body of an open-enrollment charter school under
19	19	Section 37.0811, Education Code; or
20	20	(B) the governing body of a private school under
21	21	Section 37.0812, Education Code;[,] and
22	22	(2) only act as necessary to prevent or abate the
23	23	commission of an offense that threatens serious bodily injury or
24	24	death of students, faculty, or visitors on school premises.
25	25	(a-1) In this section, "private school" means a school that:
26	26	(1) offers a course of instruction for students in one
27	27	or more grades from prekindergarten through grade 12;
28	28	(2) is not operated by a governmental entity; and
29	29	(3) is not a home school.
30	30	(d) A person may not serve as a school marshal unless the
31	31	person is:
32	32	(1) licensed under Section 1701.260, Occupations
33	33	Code; and
34	34	(2) appointed by:
35	35	(A) the board of trustees of a school district or
36	36	the governing body of an open-enrollment charter school under
37	37	Section 37.0811, Education Code; or
38	38	(B) the governing body of a private school under
39	39	Section 37.0812, Education Code.
40	40	SECTION 2. The heading to Section 37.0811, Education Code,
41	41	is amended to read as follows:
42	42	Sec. 37.0811. SCHOOL MARSHALS: PUBLIC SCHOOLS.
43	43	SECTION 3. Subchapter C, Chapter 37, Education Code, is
44	44	amended by adding Section 37.0812 to read as follows:
45	45	Sec. 37.0812. SCHOOL MARSHALS: PRIVATE SCHOOLS. (a) The
46	46	governing body of a private school may appoint not more than one
47	47	school marshal per 400 students enrolled in the school.
48	48	(b) The governing body of a private school may select for
49	49	appointment as a school marshal under this section an applicant who
50	50	is an employee of the school and certified as eligible for
51	51	appointment under Section 1701.260, Occupations Code.
52	52	(c) A school marshal appointed by the governing body of a
53	53	private school may carry or possess a handgun on the physical
54	54	premises of a school, but only in the manner provided by written
55	55	regulations adopted by the governing body.
56	56	(d) Any written regulations adopted for purposes of
57	57	Subsection (c) must provide that a school marshal may carry a
58	58	concealed handgun as described by Subsection (c), except that if
59	59	the primary duty of the school marshal involves regular, direct
60	60	contact with students, the marshal may not carry a concealed
61	61	handgun but may possess a handgun on the physical premises of a
62	62	school in a locked and secured safe within the marshal's immediate
63	63	reach when conducting the marshal's primary duty. The written
64	64	regulations must also require that a handgun carried by or within
65	65	access of a school marshal may be loaded only with frangible
66	66	ammunition designed to disintegrate on impact for maximum safety
67	67	and minimal danger to others.
68	68	(e) A school marshal may access a handgun under this section
69	69	only under circumstances that would justify the use of deadly force
70	70	under Section 9.32 or 9.33, Penal Code.
71	71	(f) A private school employee's status as a school marshal
72	72	becomes inactive on:
73	73	(1) expiration of the employee's school marshal
74	74	license under Section 1701.260, Occupations Code;
75	75	(2) suspension or revocation of the employee's license
76	76	to carry a concealed handgun issued under Subchapter H, Chapter
77	77	411, Government Code;
78	78	(3) termination of the employee's employment with the
79	79	private school; or
80	80	(4) notice from the governing body that the employee's
81	81	services as school marshal are no longer required.
82	82	(g) The identity of a school marshal appointed under this
83	83	section is confidential, except as provided by Section 1701.260(j),
84	84	Occupations Code, and is not subject to a request under Chapter 552,
85	85	Government Code.
86	86	(h) If a parent or guardian of a student enrolled at a
87	87	private school inquires in writing, the school shall provide the
88	88	parent or guardian written notice indicating whether any employee
89	89	of the school is currently appointed a school marshal. The notice
90	90	may not disclose information that is confidential under Subsection
91	91	(g).
92	92	(i) This section does not apply to a home school.
93	93	SECTION 4. Section 1701.001(8), Occupations Code, is
94	94	amended to read as follows:
95	95	(8) "School marshal" means a person who:
96	96	(A) is [employed and] appointed to serve as a
97	97	school marshal by:
98	98	(i) the board of trustees of a school
99	99	district or the governing body of an open-enrollment charter school
100	100	under [Article 2.127, Code of Criminal Procedure, and in accordance
101	101	with and having the rights provided by] Section 37.0811, Education
102	102	Code; or
103	103	(ii) the governing body of a private school
104	104	under Section 37.0812, Education Code;
105	105	(B) is licensed under Section 1701.260; and
106	106	(C) has powers and duties described by Article
107	107	2.127, Code of Criminal Procedure.
108	108	SECTION 5. Section 1701.260, Occupations Code, is amended
109	109	by amending Subsections (a), (j), and (l) and adding Subsection
110	110	(a-1) to read as follows:
111	111	(a) The commission shall establish and maintain a training
112	112	program open to any employee of a school district, [or]
113	113	open-enrollment charter school, or private school who holds a
114	114	license to carry a concealed handgun issued under Subchapter H,
115	115	Chapter 411, Government Code. The training may be conducted only by
116	116	the commission staff or a provider approved by the commission.
117	117	(a-1) In this section, "private school" has the meaning
118	118	assigned by Article 2.127, Code of Criminal Procedure.
119	119	(j) The commission shall submit the identifying information
120	120	collected under Subsection (b) for each person licensed by the
121	121	commission under this section to:
122	122	(1) the director of the Department of Public Safety;
123	123	(2) the person's employer, if the person is employed by
124	124	a school district, [or] open-enrollment charter school, or private
125	125	school;
126	126	(3) the chief law enforcement officer of the local
127	127	municipal law enforcement agency if the person is employed at a
128	128	campus of a school district, [or] open-enrollment charter school,
129	129	or private school located within a municipality;
130	130	(4) the sheriff of the county if the person is employed
131	131	at a campus of a school district, [or] open-enrollment charter
132	132	school, or private school that is not located within a
133	133	municipality; and
134	134	(5) the chief administrator of any peace officer
135	135	commissioned under Section 37.081, Education Code, if the person is
136	136	employed at a school district that has commissioned a peace officer
137	137	under that section.
138	138	(l) All [Identifying] information [about a person]
139	139	collected or submitted under this section is confidential, except
140	140	as provided by Subsection (j), and is not subject to disclosure
141	141	under Chapter 552, Government Code.
142	142	SECTION 6. This Act takes effect immediately if it receives
143	143	a vote of two-thirds of all the members elected to each house, as
144	144	provided by Section 39, Article III, Texas Constitution. If this
145	145	Act does not receive the vote necessary for immediate effect, this
146	146	Act takes effect September 1, 2015.