By: Taylor of Collin S.B. No. 386
(In the Senate - Filed January 28, 2015; February 2, 2015,
read first time and referred to Committee on Higher Education;
April 7, 2015, reported favorably by the following vote: Yeas 6,
Nays 0; April 7, 2015, sent to printer.)
Click here to see the committee vote
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.
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